HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 76/56
EN
Official Journal of the European Union
22.3.2011
COUNCIL DECISION 2011/168/CFSP
of 21 March 2011
on the International Criminal Court and repealing Common Position 2003/444/CFSP
THE COUNCIL OF THE EUROPEAN UNION,
(8) The
principles
and
rules
of
international
criminal
law
embodied in the Rome Statute should be taken into
account in other international legal instruments.
Having regard to the Treaty on European Union, and in
particular Article 29 thereof,
(9) The
Union
is
convinced
that
universal
accession
to
the
Rome Statute is essential for the full effectiveness of the
Whereas:
ICC and, to that end, considers that initiatives to enhance
the acceptance of the Rome Statute are to be encouraged,
provided they are consistent with the letter and spirit of
(1)
In its action on the international scene the Union seeks
the Rome Statute.
to advance the principles of democracy, the rule of law,
the universality and indivisibility of human rights and
fundamental freedoms, respect for human dignity,
(10) It is most important that the integrity of the Rome
equality and solidarity, and respect for the principles of
Statute and the independence of the ICC be preserved.
the United Nations Charter and international law, as
provided for in Article 21 of the Treaty. The Union
seeks to develop relations and build partnerships with,
inter alia, international organisations which share these
(11) By
its
Conclusions
of
30
September
2002
on
the
Inter
principles.
national Criminal Court the Council has developed a set
of principles attached to those Conclusions to serve as
guidelines for Member States when considering the
(2)
One of the objectives of the Union is to preserve peace,
necessity and scope of possible agreements or
prevent conflicts and strengthen international security, in
arrangements in responding to proposals regarding the
accordance with the purposes and principles of the
conditions to surrender persons to the ICC.
United Nations Charter.
(12) On
25
May
2010,
the
Council
adopted
Conclusions
on
(3) The
Rome
Statute
of
the
International
Criminal
Court
the Review Conference of the Rome Statute of the Inter
(hereinafter the ‘Rome Statute’) entered into force on
national Criminal Court (hereinafter the ‘Review
1 July 2002.
Conference’), which was held in Kampala, Uganda,
from 31 May to 11 June 2010.
(4) All
Member
States
have
ratified
the
Rome
Statute.
(13) The
Review
Conference adopted
amendments to the
Rome Statute, in accordance with Article 5, paragraph
(5)
The principles of the Rome Statute, as well as those
2 thereof to define the crime of aggression and to
governing the functioning of the International Criminal
establish conditions under which the ICC could exercise
Court (hereinafter the ‘ICC’), are fully in line with the
jurisdiction with respect to that crime; adopted
principles and objectives of the Union. The serious
amendments to the Rome Statute to expand the juris
crimes within the jurisdiction of the ICC are of
diction of the ICC to three additional war crimes when
concern to the international community as a whole
committed in armed conflicts not of an international
and to the Union and its Member States.
character; and decided to retain, for the time being,
Article 124 of the Rome Statute. Those amendments
are subject to ratification or acceptance and shall enter
(6) The
Union
and
its
Member
States
are
determined
to
put
into force in accordance with Article 121, paragraph 5 of
an end to the impunity of the perpetrators of those
the Rome Statute. The ICC shall exercise jurisdiction over
crimes by taking measures at national level and by
the crime of aggression subject to a decision to be taken
enhancing international cooperation to ensure their
after 1 January 2017 by the same majority of States
effective prosecution.
Parties as is required for the adoption of an
amendment to the Rome Statute.
(7) The
Union
and
the
ICC
signed
an
agreement
on
coop
eration and assistance on 10 April 2006 which entered
(14) The
Union
pledged
at
the
Review
Conference
to
review
into force on 1 May 2006 ( 1 ).
and update its instruments in support of the ICC and to
continue the promotion of the universality and preser
( 1 ) OJ L 115, 28.4.2006, p. 50.
vation of the integrity of the Rome Statute.

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EN
22.3.2011 Official
Journal
of
the
European
Union L
76/57
(15) The implementation of the Rome Statute requires
provisions of the Rome Statute and related instruments. In
practical measures that the Union and its Member
furtherance of the objectives of this Decision, the Union shall
States should fully support.
cooperate as necessary with other interested States, international
institutions, non-governmental organisations and other repre
sentatives of civil society.
(16) The Action Plan which was, inter alia, called for by a
Resolution on entry into force of the Statute of the Inter
national Criminal Court approved by the European
3. The
Member
States
shall
share
with
all
interested
States
Parliament on 28 February 2002 to follow up Council
their own experiences on the issues related to the implemen
Common Position 2001/443/CFSP of 11 June 2001 on
tation of the Rome Statute and, when appropriate, provide
the International Criminal Court ( 1 ) was adopted on
other forms of support to that objective. The Member States
4 February 2004 and should be adapted as appropriate.
shall contribute, when requested, with technical and, where
appropriate, financial assistance to the legislative work needed
for the participation in and implementation of the Rome Statute
(17) In the light of the above, Common Position
by third States. The Union may, when requested, also contribute
2003/444/CFSP of 16 June 2003 on the International
with such assistance. States considering to become party to the
Criminal Court ( 2 ) should be repealed and replaced by
Rome Statute or to cooperate with the ICC shall be encouraged
this Decision,
to inform the Union of difficulties encountered on that path.
HAS ADOPTED THIS DECISION:
4. In implementing this Article, the Union and its Member
States shall coordinate political and technical support for the
ICC with regard to various States or groups of States.
Article 1
1. The
International
Criminal
Court
(hereinafter
the
‘ICC’),
for the purpose of preventing and curbing the commission of
Article 3
the serious crimes falling within its jurisdiction, is an essential
In order to support the independence of the ICC, the Union and
means of promoting respect for international humanitarian law
its Member States shall, in particular:
and human rights, thus contributing to freedom, security, justice
and the rule of law as well as contributing to the preservation
of peace, the prevention of conflicts and the strengthening of
international security, in accordance with the purposes and
(a) encourage States Parties to transfer promptly and in full
principles of the Charter of the United Nations.
their assessed contributions in accordance with the
decisions taken by the Assembly of States Parties;
2. The
objective
of
this
Decision
is
to
advance
universal
support for the Rome Statute of the International Criminal
(b) make every effort towards the accession or ratification by
Court (hereinafter the ‘Rome Statute’) by promoting the
Member States of the Agreement on the Privileges and
widest possible participation in it, to preserve the integrity of
Immunities of the International Criminal Court as soon as
the Rome Statute, to support the independence of the ICC and
possible and promote such accession or ratification by other
its effective and efficient functioning, to support cooperation
States; and
with the ICC, and to support the implementation of the
principle of complementarity.
(c) endeavour to support as appropriate the development of
training and assistance for judges, prosecutors, officials
Article 2
and counsel in work related to the ICC.
1. In order to contribute to the objective of the widest
possible participation in the Rome Statute, the Union and its
Member States shall make every effort to further this process by
Article 4
raising the issue of the widest possible ratification, acceptance,
approval or accession to the Rome Statute and the implemen
1. The
Union
and
its
Member
States
shall
follow
closely
tation of the Rome Statute in negotiations, including
developments concerning cooperation with the ICC in
negotiations of agreements, or political dialogues with third
accordance with the Rome Statute.
States, groups of States or relevant regional organisations,
whenever appropriate.
2. The
Union
shall
keep
under
review
the
implementation
of
the Agreement between the International Criminal Court and
2. The
Union
and
its
Member
States
shall
contribute
to
the the European Union on cooperation and assistance.
worldwide participation in and implementation of the Rome
Statute also by other means, such as by adopting initiatives to
promote the dissemination of the values, principles and
3. The
Union
and
its
Member
States
shall
consider
the
conclusion, as appropriate, of ad hoc arrangements and
( 1 ) OJ L 155, 12.6.2001, p. 19.
agreements to enable the effective functioning of the ICC and
( 2 ) OJ L 150, 18.6.2003, p. 67.
shall encourage third parties to do so.

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L 76/58
EN
Official Journal of the European Union
22.3.2011
4. The
Union
and
its
Member
States
shall
continue,
as
appro
Article 8
priate, to draw the attention of third States to the Council
Conclusions of 30 September 2002 on the International
The Union shall ensure consistency and coherence between its
Criminal Court and to the EU Guiding Principles annexed
instruments and policies in all areas of its external and internal
thereto, with regard to proposals for agreements or
action in relation to the most serious international crimes as
arrangements concerning conditions for the surrender of
referred to in the Rome Statute.
persons to the ICC.
Article 9
The Council shall review this Decision as appropriate.
Article 5
The Union and its Member States shall, as appropriate, take
Article 10
initiatives or measures to ensure the implementation of the
principle of complementarity at national level.
Common Position 2003/444/CSFP is hereby repealed and
replaced by this Decision. References to the repealed
Common Position 2003/444/CSFP shall be construed as being
made to this Decision.
Article 6
The Council and the High Representative of the Union for
Article 11
Foreign Affairs and Security Policy shall, where appropriate,
coordinate measures by the Union and its Member States for
This Decision shall enter into force on the day of its adoption.
the implementation of Articles 2 to 5.
Done at Brussels, 21 March 2011.
Article 7
For the Council
Member States shall cooperate to ensure the smooth func
The President
tioning of the Assembly of States Parties in all respects.
C. ASHTON

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