Council Decision 2011/168/CFSP of 21 March 2011 on the International Criminal Court and repealing Common Position 2003/444/CFSP
Council Decision 2011/168/CFSP of 21 March 2011 on the International Criminal Court and repealing Common Position 2003/444/CFSP
Decision 2011/168/CFSP · Decision · 11 articles
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
1. The International Criminal Court (hereinafter the ‘ICC’), for the purpose of preventing and curbing the commission of the serious crimes falling within its jurisdiction, is an essential means of promoting respect for international humanitarian law 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 principles of the Charter of the United Nations.
2. The objective of this Decision is to advance universal support for the Rome Statute of the International Criminal Court (hereinafter the ‘Rome Statute’) by promoting the widest possible participation in it, to preserve the integrity of the Rome Statute, to support the independence of the ICC and its effective and efficient functioning, to support cooperation with the ICC, and to support the implementation of the principle of complementarity.
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 raising the issue of the widest possible ratification, acceptance, approval or accession to the Rome Statute and the implementation of the Rome Statute in negotiations, including negotiations of agreements, or political dialogues with third States, groups of States or relevant regional organisations, whenever appropriate.
2. The Union and its Member States shall contribute to the 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 provisions of the Rome Statute and related instruments. In furtherance of the objectives of this Decision, the Union shall cooperate as necessary with other interested States, international institutions, non-governmental organisations and other representatives of civil society.
3. The Member States shall share with all interested States their own experiences on the issues related to the implementation of the Rome Statute and, when appropriate, provide other forms of support to that objective. The Member States 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 by third States. The Union may, when requested, also contribute with such assistance. States considering to become party to the Rome Statute or to cooperate with the ICC shall be encouraged to inform the Union of difficulties encountered on that path.
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.
In order to support the independence of the ICC, the Union and its Member States shall, in particular:
(a)
encourage States Parties to transfer promptly and in full their assessed contributions in accordance with the decisions taken by the Assembly of States Parties;
(b)
make every effort towards the accession or ratification by Member States of the Agreement on the Privileges and Immunities of the International Criminal Court as soon as possible and promote such accession or ratification by other States; and
(c)
endeavour to support as appropriate the development of training and assistance for judges, prosecutors, officials and counsel in work related to the ICC.
1. The Union and its Member States shall follow closely developments concerning cooperation with the ICC in accordance with the Rome Statute.
2. The Union shall keep under review the implementation of the Agreement between the International Criminal Court and the European Union on cooperation and assistance.
3. The Union and its Member States shall consider the conclusion, as appropriate, of ad hoc arrangements and agreements to enable the effective functioning of the ICC and shall encourage third parties to do so.
4. The Union and its Member States shall continue, as appropriate, to draw the attention of third States to the Council Conclusions of 30 September 2002 on the International Criminal Court and to the EU Guiding Principles annexed thereto, with regard to proposals for agreements or arrangements concerning conditions for the surrender of persons to the ICC.
The Union and its Member States shall, as appropriate, take initiatives or measures to ensure the implementation of the principle of complementarity at national level.
The Council and the High Representative of the Union for Foreign Affairs and Security Policy shall, where appropriate, coordinate measures by the Union and its Member States for the implementation of Articles 2 to 5.
The Union shall ensure consistency and coherence between its instruments and policies in all areas of its external and internal action in relation to the most serious international crimes as referred to in the Rome Statute.
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.
