International Law: Speech by Commissioner for Democracy, Justice, Rule of Law and Consumer Protection McGrath at the EP Plenary on behalf of High Representative/Vice-President Kallas on protecting the ICJ and the ICC
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Thank you very much, Chair, Minister Szłapka, Honourable Members of the European Parliament,
This is a timely debate, as multilateral cooperation is essential to address global challenges effectively, ensuring security and justice.
Mass atrocities cannot be addressed in isolation. The defence of the rule of law depends on our collective action.
Our shared values translated into fundamental rights and solid rules of international law represent the only reliable compass to guide our action at all times.
Only a solid and functioning system of international justice which ensures accountability for the violation of international rules, provides guarantees for the rules-based international order – that we all consider fundamental. But today, that system is being challenged.
On 6 February, US President Trump signed an Executive Order to authorise sanctions on the International Criminal Court (ICC). On 10 February, the United States published the annex to the executive order which lists ICC prosecutor [Imran] Khan to be affected by these sanctions.
This decision represents a serious challenge to the work of the ICC with the risk of affecting ongoing investigations and proceedings impacting years of efforts to ensure accountability around the world.
It is sadly the case that in the world today, violations of human rights and international humanitarian law increase by the hour. So too does the number of victims of atrocity crimes defying the most elementary considerations of humanity. All these victims deserve justice and reparation. Only a solid system of international justice can provide that.
Among the many international justice institutions and mechanisms that the European Union supports, the International Criminal Court and the International Court of Justice play a crucial role.
First, on the International Criminal Court (ICC). The European Union and its Member states have always been a staunch supporter of the ICC and the principles of the Rome Statute. All Member States have ratified the Rome Statute – and such is its importance [that] ratification is one of the criteria for accession to the European Union.
The ICC guarantees accountability for international crimes and gives a voice to victims all over the world. It is an essential instrument for the purpose of preventing and curbing core international crimes, ultimately promoting freedom, security, justice, and peace. The Court must be able to freely pursue the fight against global impunity – free from interferences. Its independence must be steadfastly defended at all times.
In the face of the US sanctions, the Union is aware of the urgency of providing support to the Court, both financially and also diplomatically, and we will continue to use the tools at our disposal to protect the ICC.
All feasible tracts of action are being explored to support the Court and allowing it to continue its crucial work.
Second, the International Court of Justice (ICJ). As the principal judicial organ of the United Nations, the International Court of Justice plays a leading role in ensuring respect for international law. Through its judgements, advisory opinions and orders, the Court contributes significantly to a rules-based international order and also to the maintenance of international peace. The European Union steadfastly supports the work of the ICJ in international fora and consistently recalls that the decisions of the ICJ are binding on the parties and must be complied with.
We will remain unwavering in our support for these two core institutions of international justice, multilateralism and the Rule of Law. Ultimately, in protecting these institutions we protect our future.
I look forward to the contributions of the Honourable Members. Thank you.
Link to the video (starting at 3:33): https://audiovisual.ec.europa.eu/en/video/I-266940
Closing remarks
I thank all the Honourable Members for the valuable contributions to the debate here this evening.
I heard the strong majority of members present who spoke express their support and indeed their recognition of the vital role played by the International Criminal Court and the International Court of Justice in ensuring accountability for international crimes and also in ensuring respect for international law.
At a time when we are witnessing increasing incidents of violations of human rights [and] of international humanitarian law, the truth is that we all need to work together to support the pursuit of accountability, justice and the rule of law.
I took the opportunity recently to visit the ICC in The Hague to first and foremost show my support and solidarity for the work that they do, but also to listen to those that I met at the ICC. And it was clear that there was a palpable sense of concern and anxiety about the impact of what then they expected to come in terms of an executive order which has since transpired. And we, in the European Union, absolutely recognise the urgency of providing support to the Court financially and, as I said earlier on, diplomatically.
And we will continue to use the tools at our disposal to protect the ICC and I again reiterate that all feasible tracks of action are being explored by the Commission to support the Court to allow it to continue with its crucial work and it is vital that that work continues uninterrupted because we must win the fight against global impunity.
The debate this evening also shows the importance and complexity of ensuring the protection of international law and the international justice system. We need to make sure that our core values are not threatened by attempts to undermine the key principles of our rules-based international order, on which our international relations, our security and, ultimately, our future lie.
In times of multiple ongoing conflicts, alongside an alarming trend to disregard international law, it is essential to remain committed to the rules-based international order, steadfastly upholding the United Nations and the principles enshrined in the UN Charter.
Therefore, the European Union will do its utmost to protect the vital institutions of international justice that it has contributed to creating, supporting and sustaining over the years.
Thank you, Honourable Members.
Link to the video: https://audiovisual.ec.europa.eu/en/video/I-266942