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LESSON PLAN : The ICC -- A Debate

CARTOON ON ICC | ARTICLES ON THE ICC | EU AND THE ICC | SIERRA LEONE AND THE ICC | UNITED STATES AND THE ICC | CANADA AND THE ICC

THE EU AND THE ICC

The European Union has been significantly involved in the development of the Rome Statute and the creation of the International Criminal Court. All member states and most applicant states have signed and ratified. The European Parliament called for urgent action on the creation of the ICC in 1995. Some EU countries were part of the group of like-minded states, a significant driving force early in the process. The Council of the European Union adopted a Common Position on the International Criminal Court on June 11, 2001, to consolidate human rights issues and the rule of law, to preserve peace and strengthen security. The Common Position has provided a framework for action and ensured consistent legislation. Article 2.1 of the Common Position requires member states to "make every effort to further the widest possible ratification." The Council of Ministers has been empowered to co-ordinate the activities of member states.

The EU position has been very significant as they have provided a large portion of the budget, as well as the host country for the ICC, and they have maintained cohesion through the Common Position. The EU has provided funds to encourage less developed countries to ratify and enact legislation supporting the ICC, as well as resources for the Court itself. The European Commission requires that the principles of the Rome Statute be taken into account by any other international legislative institution. The Council of Ministers suggests that the issue of ratification be brought up in all negotiations with other states. Candidates for election as Judges for the ICC were nominated from ten EU countries. Member states have been encouraged not to adhere to article 124, in which countries can opt out of part of the jurisdiction of the ICC, and most states have agreed.

An important consideration for the EU's support of the Rome Statute is that it is complementary to national criminal justice systems. The Rome Statute will help strengthen national legislation around the world, which is significant to the EU's pursuit of widespread ratification. The EU officially regrets the withdrawal of the US signature, and has enacted a set of guiding principles for bilateral agreements to ensure that no impunity agreements undermine the effectiveness of the ICC. While the US aimed at weakening the ICC from the beginning, the Common Position declares that war crimes and impunity concern all member states. The experience of genocide and war crimes in two world wars and recently in the Balkans and in Rwanda were also important considerations. The ad hoc tribunals for Yugoslavia and Rwanda have demonstrated legislation is crucial to quick action, limiting the duration and the extent of violence. The establishment of the ICC will enhance UN credibility and put an end to selective justice. Geographically balanced support is deemed crucial to the success of the ICC. The EU is reacting to the lack of support for the Rome Statute in places such as some parts of Asia, North Africa and the Middle East, where historical events, current conflicts, and perceived threats to officials, have kept some countries from signing. The EU is also reacting to past failures, in which few countries took action on previous treaties. The ICC is a centerpiece of the globalization of legislation, which promotes democracy and the rule of law. It is the first global attempt at universal enforcement of human rights, which is very central to EU political culture.