International Criminal Court

Doc. 8780

27 June 2000

International Criminal Court

Recommendation 1408 (1999)

Reply from the Committee of Ministers

adopted at the 715^th meeting of the Ministers’ Deputies (21 and 26 June 2000)

The Committee of Ministers has taken note with interest of Parliamentary Assembly Recommendation 1408 (1999) on an International Criminal Court.

The adoption in Rome, in July 1998, of the Statute of the International Criminal Court represents major progress for international criminal law and a significant step forward in the fight against impunity on a global scale, with the establishment of an instrument which should promote the processes of peace and reconciliation, while strengthening effective implementation of international humanitarian law and respect for human rights in a broader sense The Committee of Ministers welcomes the active contribution of member states to the success of this important initiative.

The Committee of Ministers notes that five member states have ratified the Statute of the Court to date, and that several others have begun the relevant national procedures. It also observes that, while certain states have opted for rapid ratification, deferring the requisite adaptation of their domestic legislation, others have opted to amend that legislation first, and then to ratify the Rome Convention.

The Committee of Ministers shares the Assembly's view that the re-opening of the negotiations on the Statute of the Court, and any attempt to water down its provisions or to narrow its scope, at the meetings of the Preparatory Commission which draws up the Court's rules of procedure and evidence and defines the essential elements of crimes, or by any other means, should not be permitted.

The Committee of Ministers takes note of the Assembly's concerns and recommendations with regard to the exemption clause provided in the Court's Statute and to the possible signature of agreements with states which are not Parties, in order to prevent their nationals from being handed over to the Court.

The Committee of Ministers is aware of the complexity of the constitutional and other procedures which face those member states wishing to ratify the Rome Convention as soon as possible. Hence it is gratified to note member states' desire for a multilateral consultation enabling them to exchange views about the problems encountered by Council of Europe member States in respect of the ratification and implementation of the Statute.

This consultation meeting was jointly organised by the European Committee on Crime Problems (CDPC) and the Ad hoc Committee of Legal Advisers on Public International Law (CAHDI). It took place in Strasbourg on 16 and 17 May 2000. The Conclusions adopted by the participants are attached to this reply.

The implications for Council of Europe member states of the ratification of the Rome Statute of the International Criminal Court

Conclusions of the Consultation

(Strasbourg, 16-17 May 2000)

Following the joint initiative of the European Committee on Crime Problems (CDPC) and the Ad hoc Committee of Legal Advisers on Public International Law (CAHDI), the Council of Europe organised a consultation meeting on the implications for Council of Europe member States of the ratification of the Rome Statute of the International Criminal Court (ICC) in Strasbourg, 16-17 May 2000.

This meeting was organised in the framework of the intergovernmental programme of activities of the Council of Europe with a view to facilitating an exchange of views and information among the member states of the Council of Europe and considering the possible role that the Council of Europe could play in this respect.

Experts from 32 Member States, the European Commission, 3 Observer States and INTERPOL, NATO and ICRC took part in the meeting.

Participants were informed about developments concerning the Rome Statute and the activities of the Preparatory Commission. They exchanged views concerning the issues of implementation and co-operation with the ICC, including efforts undertaken in this perspective at the national level and in the framework of international organisations participating as observers.

C O N C L U S I O N S

Participants recognised that the ratification and implementation process requires thorough consideration by the competent national authorities of a number of legal, administrative and budgetary issues and that exchanges of information and views among Member States, Observer States and organisations mentioned above may benefit this process.

Participants noted that ratification requires that the State Party concerned be able to ensure compliance with the obligations derived from the Rome Statute. This may require inter alia adapting constitutional provisions taking into account the specific features of each State, or legislative enactments in the field of international co-operation and judicial assistance, to ensure effective and swift co-operation.

Participants agreed that the preparation of such legislation and of possible co-operation agreements between the States and the ICC and between the latter and international organisations, may to a large extent benefit from the experience of implementing the obligations resulting from United Nations Security Council Resolutions 827 (1993) and 955 (1994) establishing the International Criminal Tribunals for the former Yugoslavia and Rwanda.

Participants acknowledged that the ICC is complementary to national criminal jurisdictions and, therefore, primary responsibility for prosecution of these crimes lies with States, taking also into account the relevant rules of international humanitarian law. To this effect, national legislation and practices should enable States to bring to justice the persons responsible for the crimes under Articles 6-8 of the Rome Statute.

Participants further acknowledged that different approaches are possible for the implementation of the Statute, taking into account different legal systems and traditions.

Participants noted the particular importance for the future work of the ICC of appropriate State support with regard to enforcement of sentences in accordance with Article 103 of the Rome Statute.

Participants noted that 3 Member States of the Council of Europe had ratified the Rome Statute and that a number of others were in a position to do so. They stressed their commitment to the integrity of the Rome Statute and reaffirmed the objective of the early establishment of the ICC and, to that extent, recalled the important role that the 41 member States of the Council of Europe can play, as they represent two-thirds of the necessary number of 60 ratifications for the entry into force of the Rome Statute.

Participants recognised the useful role of the Council of Europe in conformity with the principles and rules contained in its Statute, as well as the treaties concluded within its framework.

Participants thanked the Council of Europe for the organisation of the consultation meeting and called upon the Council of Europe to continue assisting its Member States in the ratification and implementation process with a view to an early establishment of the ICC and its effective functioning by facilitating exchanges of information and views among its member States and observers by appropriate means and in particular by holding consultations at the appropriate time whenever the need arises. For that purpose, appropriate provision should continue to be made in the programme of activities of the Council of Europe.

Participants decided to submit these conclusions to the Committee of Ministers asking it to forward them to the CDPC and CAHDI so that they can take them into account in their work.