PRESIDENCY OF THE EUROPEAN UNION

IRELAND 1966

PRESS RELEASE

PREPARATORY COMMITTEE ON THE ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT

At the outset of this second session of the Preparatory Committee on the Establishment of an International Criminal Court, the European Union reaffirms the position outlined in its press release of 25 March 1966 (attached).

The following summarizes the European Union views:

- The International Criminal Curt should be an independent permanent

institution with the widest participation of States in its Statute

and closely linked to the United Nations.

- The Court should be complementary to national system of justice, and

this principle of complementary should be duly reflected in the

Statute.

- The jurisdiction of the court should be limited to the most serious

offences of concern to the international community. There should be

certainty as to the crimes which fall within the Court's jurisdiction.

- The Court should have proper standards of due process to protect the

rights of the accused.

- The Statute of the Court should contain provisions obliging States

Parties to cooperate with the Court, including through effective and

speedy transfer of accused persons.

- The Court will have an important role in preventing serious violations

on international humanitarian law and serious human rights violations,

and will ensure that those responsible for such crimes are brought to

justice.

12 August 1996

PRESS RELEASE

PREPARATORY COMMITTEE ON THE ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT

New York - 25 March 1966 - The European Union looks forward to an intensive and fruitful work in the Preparatory Committee on the Establishment of an International Criminal Court. A new crucial phase in the process toward establishing the Court has begun, which is characterized by the mandate to negotiate the text of a draft statute. Under para. 2 of General Assembly resolution 50/46, the Preparatory Committee will have "to discuss further the major substantive and administrative issue arising out of the draft Statute prepared by the International Law Commission and, taking into account the different views expressed during meetings, to draft texts". This "with the view to preparing a widely acceptable consolidated text of a conference of plenipotentiaries".

The European Union is grateful to the Chairman of the Preparatory Committee for the programme of work that he has presented in this respect. It is, in our view, a sound and efficient plan which we are confident will allow the Committee to achieve its tasks. In particular, the European Union agrees with the view to indicating where alternative or additional texts are necessary and elaborating them if the need arises..

The European Union would like to reiterate its position with respect to some of the main questions to be addressed by the Preparatory Committee.

First, we see the International Criminal Court as an independent institution with the widest participation of States in its Statute, and closely linked to the United Nations.

Secondly, the European Union underlines the importance it attaches to the Court being complementary to national system of criminal justice. The principle of complementarity should be duly reflected in the Statute, which should contain clear criteria in accordance with which the Court will decide on the matter.

Thirdly, we are of the view that the jurisdiction of the Court should be limited to the crimes which represent the most serious offences of concern to the international community as a whole. Since every court should have clear and precise law to adjudicate upon, there should be certainty as to the crimes within the jurisdiction of the International Criminal Court. The Statute should also contain provisions on the general rules of criminal law applicable by the Court.

Finally, the Court must protect the rights of the accused by having proper standards of due processs and the Statute must provide for States Parties' obligations to cooperate with the Court in an effective and speedy manner in the field of transfer of individual, taking into account the existing structures of judicial cooperation.

In conclusion, the European Union would like to stress once again the important role for the International Criminal Court both in preventing serious violations of international humanitarian law as well as serious human rights violations, and ensuring that those responsible for such heinous crimes are brought to justice. To have these functions preformed by such a Court, we must persist in the effort undertaken by the International Law Commission, in order to prepare the text of a Statute for an International criminal court tat would be adopted by a diplomatic conference. The European Union will continue to take an active part in this effort.