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MANILA,
Oct. 3 (PNA Features) -- (Editor’s Note: The following speech of
Ambassador Alistair MacDonald of the European Commission in Manila, on
the tie-up between the EU and the ICC, was delivered at the recent
conference on the International Criminal Court (ICC) organized by the
Supreme Court. It will be noted that the Philippines signed the
so-called Rome Statute in December 2000, but has not ratified the same
document. With permission from the EU, the PNA opens this material with
MacDonald’s reference to the Philippines and the ICC.)
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I
would like to mention the project that the European Commission recently
supported in cooperation with the Philippine Coalition for the
International Criminal Court. This project, benefiting from a small
grant from the EC, built on the momentum of the Supreme Court's 2007
Summit on extra-judicial killings, which inter alia had recommended the
ratification of the Rome Statute by the Philippine government.
Through
this project, and following on several meetings with interested
Senators and Congressmen, the Philippine Coalition for the ICC
organized a very well-attended roundtable discussion last April
involving key officials of the DND, AFP and PNP, and launched a primer
on ICC principles and working methods intended for use by security
sector personnel. We received some very positive feedback from
participants on this roundtable, which will I very much hope will help
"internalise" the issue and speed up the ratification of the Rome
Statute by the Philippines.
So
I would like to take this opportunity to thank the Philippine Coalition
for the ICC, represented here, I think, by Etta Rosales, for their
consistent strong support for the accession of the Philippines to the
International Criminal Court.
The
EU has consistently been a strong supporter of the ICC, and our support
to the Court lies at the core of our commitment to promoting a
rules-based international order. The EU has consistently taken the view
that the setting up of a permanent International Criminal Court to
prosecute war-crimes, crimes against humanity and genocide was a
development of crucial importance for international peace and security.
We see the Court as a key manifestation of effective multilateralism.
Let
me outline briefly the main elements of the EU’s policy towards the
ICC. The European Union first endorsed the work of the International
Criminal Court in 2001, with a Common Position in which the EU called
for an effective functioning of the Court, and pledged to advance
universal support for the Court by promoting the widest possible
participation in the Rome Statute. Then in 2002, the EU adopted a set
of Guiding Principles on the compliance of State Parties with their
obligations under the Rome Statute, committing ourselves to
safeguarding the integrity of the Rome Statute.
The
EU also adopted an Action Plan on the ICC in 2004, calling for the
coordination of EU activities with regard to the ICC, for the
universality and integrity of the Rome Statute, and for the
independence and effective functioning of the ICC.
The
Council of Ministers of the EU, which represents our Member States in
the EU's governance, has also adopted a number of Decisions in the
field of Justice, Freedom and Security, aimed at facilitating
collaboration among the Member States in the investigation and
prosecution of genocide, crimes against humanity and war crimes at the
national level. Those instruments complement our efforts in the
international arena to bring to justice the perpetrators of serious
international crimes.
Just
recently, in a statement on the occasion of the 10th anniversary of the
adoption of the Rome Statute in July, the EU reiterated its support for
a Court which in a short time has already had a very significant
impact. Since its inauguration in March 2003, the ICC quickly became
fully operational, and has already delivered a number of path-breaking
judgments. The ICC's own track record further ensures the legitimacy of
this new institution in the eyes of the world, and is the strongest
argument for an even wider participation in the Rome Statute.
Of
course it is the individual Member States of the EU, as States Party to
the Rome Statute, who contribute directly to the budget of the ICC. Up
until July 2007 (when Japan acceded to the ICC), EU Member States’
assessed contribution amounted to some 75 per cent of the total
assessed contributions to the Court. Since Japan's accession our share
declined to 57 per cent, but nevertheless remains very substantial.
More
broadly, and in order to support our global campaign for the adoption
of the Rome Statute, the European Commission has funded civil society
organizations active in this field under its European Initiative for
Democracy and Human Rights. Since 2003, after the Rome Statute came
into force, the Commission has provided more than € 17 million (about
P1.1 billion) for global ratification campaigns undertaken by civil
society coalitions such as the Coalition for the International Criminal
Court or Parliamentarians for Global Action.
And
in order to strengthen the awareness of the Court’s mandate and
proceedings among key officials from national ministries and legal
communities, the Commission has also supported the Court’s Internship
and Visiting Professionals Programmes, with grants totaling Euros2.6
million (about P170 million) since 2003.
The
EU was the first regional organisation with whom the ICC signed an
agreement on cooperation and assistance, in April of 2006. The
agreement covers cooperation between the EU and the ICC, particularly
with regard to the regular exchange of information and documentation of
mutual interest, but remains separate from the Court's requests for
information from individual Member States, which are governed by
bilateral arrangements. The EU and the ICC are currently finalizing the
implementing arrangements concerning the exchange of classified
information.
I
should however mention some practical examples of how the EU has been
able to assist the Office of the ICC Prosecutor. The EU was for example
been particularly engaged in the ICC cases in relation to Darfur, the
Democratic Republic of Congo and Uganda.
In
the case of Darfur, the EU had already called on the UN in 2004 to
establish a Commission of Inquiry into crimes committed there. This
Commission was indeed set up, and on the basis of its report the EU
called for the Security Council to refer the situation to the ICC. And
in 2007 and 2008, the EU has called repeatedly on the Government of
Sudan to cooperate unconditionally with the ICC, and to surrender the
two individuals for whom the ICC has issued arrest warrants. The EU has
also assisted the ICC through the work of the EU's Special
Representative for Sudan, and through the military observers seconded
by EU Member States, while the EU Situation Centre has provided the
Office of the Prosecutor with satellite images and analytical reports.
The
EU has also supported the warrants issued by the ICC in the case of
Uganda, and has welcomed the firm action taken by the ICC to combat
impunity in the Democratic Republic of the Congo. In that latter case,
the EC Delegation in Kinshasha, the EU Special Representative for the
Great Lakes, and the EU electoral mission, have all helped facilitate
access to information and local contacts.
In
addition, some of our Member States are of course very active in the
field of bilateral cooperation with the ICC. Austria, for example,
signed an agreement on the enforcement of ICC sentences back in 2005,
followed by the UK in 2007, while some other Member States, such as
Belgium and Finland, are considering entering into such agreements.
In
order to implement effectively our policy towards the ICC, an EU Focal
Point has been established in the Council Secretariat, in addition to
the national Focal Points set up by individual EU Member States. All
these Focal Points are tasked to exchange information on the
implementation of the 2001 Common Position and other significant
ICC-related developments.
In
2002, the EU Council of Ministers set up a specific Working Group
devoted to the ICC, which follows closely all issues related to the
work of the Court. This Working Group brings together representatives
of our 27 Member States and the Commission, and meets 4 or 5 times a
year in Brussels (and once a year in The Hague) to prepare for the
Assembly of State Parties – the oversight and legislative authority of
the ICC. The Working Group also meets informally with the NGOs active
in this field as well as with guests from the ICC and other
international tribunals.
We
also work closely with NGOs worldwide, who have been tremendously
important in providing us with information on internal developments in
individual countries and regions. In order to follow up on the
information provided, each EU Presidency has been encouraged to convene
meetings, twice a year, of the EU network of contact points regarding
persons responsible for genocide, crimes against humanity and war
crimes.
I
would like here to single out in particular the Coalition for the
International Criminal Court, which has helped us ensure that ICC
issues are mainstreamed into different EC policies and in our bilateral
relations with third countries. And I might add that the European
Commission recently supported a very successful project with the
Philippine branch of the Coalition for the ICC, to which I will return
later.
The
EU also pursues its goal of ensuring the universality and integrity of
the Rome Statute through our political dialogue with third countries,
and through demarches and statements in the UN and other multilateral
bodies. Around the world, the EU has since 2002 carried out nearly 300
demarches, in more than 100 third countries and international
organisations, to encourage ratification of the Rome Statute, and of
the Agreement on Privileges and Immunities. We were particularly
pleased to see Japan accede to the Rome Statute in July 2007.
EU
support to the ICC is also expressed within the framework of the United
Nations. EU Member States have co-sponsored several resolutions in
support of the ICC, and have also played an active role in securing the
adoption of UN Security Council Resolution 1593 in 2005 that authorized
the Security Council for the first time to refer a case to the ICC
(this was in the case of Darfur).
A
particular attention is given to mainstreaming ICC issues in our
foreign policy strategies, especially with areas where the ICC is
under-represented, such as Asia, Pacific and the Middle East. In our
Strategy for Central Asia, for example, adopted by the European Council
in June 2007, the EU acknowledged that Central Asia remains
significantly under-represented in the Court’s system, and therefore
included the ratification of the Rome Statute among the major
objectives to be pursued in our cooperation with all countries from the
region. The EU also pledged to share with the Central Asian States its
own experience in the adoption of the legal adjustments required to
accede to the Rome Statute, and to provide appropriate technical
assistance.
The
importance of supporting the ICC is also often raised with third
countries during political dialogue meetings and Summits. In 2006, this
issue was for instance included in the joint statements during the 9th
EU-China Summit and the 7th EU-India Summit which both took place in
Helsinki. I might mention also the Joint Africa-EU Strategy adopted at
the 2007 EU-Africa summit in Lisbon, where all parties vowed to fight
impunity, and pledged support to an effective functioning of the ICC.
The
EU also systematically pursues the inclusion of an ICC clause in our
negotiation of cooperation agreements with third countries. The revised
Cotonou agreement of 2005, covering 79 African, Caribbean and Pacific
countries, included an ICC clause. And an ICC clause is being included
in the negotiations on Partnership and Cooperation Agreements with
South-East Asian countries, including with the Philippines, just as ICC
issues are on the agenda in our negotiations with, as well as in with
China, Iraq, Russia, South Africa and the Ukraine, and with the Andean
Community and Central America.
We
have also included an ICC clause, and support for ICC ratification and
implementation, in the Action Plans that we have signed with
neighbouring countries in the context of the European Neighbourhood
Policy. This has already been done with Armenia, Azerbaijan, Georgia,
Egypt, Lebanon, Jordan, Moldova and Ukraine. And even closer to home,
support for the ratification of the Rome Statute was also listed as a
major objective during the enlargement negotiations with the new EU
Member States from Central and Eastern Europe that joined the EU in
2004 and 2007.
The
EU is particularly focused on assisting those countries that have the
necessary political will to accede to the ICC but are encountering
difficulties with ratification or implementation of the Rome Statute.
We can for example provide information, expert assistance, or technical
support. For technical assistance, the EU has established a list of
experts who can provide such assistance. This kind of collaboration can
take place in several ways: either by providing expertise on any
technical issue related to the participation in and implementation of
the Rome Statute and its instruments, or by holding seminars that aim
to disseminate the knowledge of the principles and provisions of the
Statute, as well as of the existing channels of co-operation between
the EU and the ICC.
In
conclusion, I would like to acknowledge that while European governments
are more accustomed to oversight by international bodies such as the
European Court of Justice and the European Court for Human Rights, some
other countries may seem more inclined to believe that only national
legal systems can legitimately demand accountability. And despite the
ICC's unprecedented role in advancing the cause of international
justice, it can also give rise to potential fears and misunderstandings
(as we can see from the very protracted ratification process in the
Philippines).
We
can understand the concerns raised by our partners worldwide, but I
must underline that the EU sincerely believes that the Rome Statute
upholds the highest standards of objectivity and accountability, and
cannot in any sense lend itself to political manipulation. The Rome
Statute contains a robust set of safeguards and checks and balances to
avoid such a risk.
The
EU therefore remains entirely confident that the work of the ICC in the
years to come will continue to demonstrate its impartiality and
commitment to justice, and thus assuage any concerns that may remain,
in the Philippines or elsewhere. The EU will therefore continue to
engage with our partners in the Philippines to support an early
ratification of the Rome Statute. And I am sure that the voice of this
Conference today will in itself make an essential contribution to
furthering this process. (PNA Features)
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