Statute, to support the independence of the Court and its effective and efficient functioning
and to support the implementation of the principle of complementarity; calls on the EUSR
for human rights to implement the actions related to the ICC contained in the EU Strategic
Framework on Human Rights and Democracy;
27. Recognises the efforts of the Commission to establish an ‘EU Complementarity Toolkit’
aimed at supporting the development of national capacities and generating political will for
the investigation and prosecution of alleged international crimes, and stresses the
importance of thorough consultations with the Member States, Parliament and civil society
organisations in order to finalise the toolkit;
28. Reiterates its recommendation that the Rome Statute be added to the package of
international treaties on good governance, and that the rule of law be ratified by third
countries admitted to the System of Generalised Preferences Plus (GSP+); supports
consistent inclusion of an ICC clause in EU agreements with third countries; calls for the
mainstreaming of the ICC in all EU foreign policy priorities, by, in particular,
systematically taking into account the fight against impunity and the principle of
complementarity;
29. Stresses the importance of strong EU action to anticipate and thereby avoid or condemn
instances of non-cooperation, such as invitations of individuals subject to an ICC arrest
warrant and failure to arrest and surrender such individuals; calls again on the EU and its
Member States to comply with all the requests by the Court to provide assistance and
cooperation in a timely manner, to ensure, inter alia, the execution of pending arrest
warrants; reaffirms the need for the EU and its Member States, with the help of the EEAS,
to put in place a set of internal guidelines outlining a code of conduct for contact between
EU/Member State officials and persons wanted by the ICC;
30. Expresses its deep concern over the outcome of the budget discussions of the 10th session
of the Assembly of State Parties (ASP) on 12-21 December 2011, which threatened to
leave the Court underfunded; deeply regrets that some European States Parties to the Rome
Statute push for the adoption of a zero growth budget/lower budget, and that the Assembly
did not agree to provide the Court with sufficient resources to effectively fulfil its judicial
mandate and deliver justice in a robust, fair, effective and meaningful manner; calls on the
Member States to show robust support for the functioning of the Court at the ASP, and
reject the proposals for a zero nominal growth of the Court’s budget as this would
undermine its ability to deliver justice and to respond to new situations;
31. Emphasises that the EU’s support to the fight against impunity should cover a number of
initiatives that include, among others: increased efforts to promote wider ratification and
implementation of the Rome Statute and of the Agreement on Privileges and Immunities
(APIC) in order to make the Court truly global and universal; enhanced efforts to secure
full cooperation with the Court, including through enacting relevant national legislation on
cooperation and concluding framework agreements with the ICC for the enforcement of
the Court’s sentences, the protection and relocation of victims and witnesses, etc, in order
to facilitate adequate and timely cooperation with the Court; and determined political and
diplomatic support, in particular with regard to the execution of pending arrest warrants;
32. Underlines, further to the Arab Spring, the importance of developing a coherent and
nuanced EU policy on transitional justice in addition to the reinforcement of the
independence of the judiciary, including the linkage to the ICC as a court of last resort, to