Visit of EU Experts on the International Criminal Court
(Overview and Assessment)

1. Background and overview

(1)From December 9 to 11, Japan received eleven experts from the European Union specializing in the field of the International Criminal Court (ICC). The experts came from Denmark (current Presidency), Greece (next Presidency), France, Germany, the Netherlands, the United Kingdom and the European Commission, ranging from Ambassador, Director-General to expert in a certain area. During their visit, the experts had several occasions to discuss extensively on various aspects of the ICC with their counterparts in the Japanese Government and others interested. In addition, the Ministry of Foreign Affairs hosted the panel discussion which was open to the public with the participation of these EU expert as well as Japanese officials, scholars and a Diet member, making use of this occasion.

(2)This visit was made possible by the proposal from the EU, which was supported by the Japanese Foreign Ministry, to conduct an exchange of views with Japan concerning the ICC. The exchange of views taking place this time was useful for the ongoing work undertaken by the Government of Japan concerning the examination on its accession to the Rome Statute establishing the ICC. Moreover, the open-to-public discussion on the ICC was effective to raise awareness and deepen the understanding on the relevant issues among Japanese people.

2. Activities

(1)Discussions with government officials

Officials from the Ministry of Foreign Affairs as well as other relevant government agencies had meetings with the EU experts on December 10 and 11. There were three separate occasions to have such extensive discussions during the visit. The meetings were participated in by officials from the Ministry of Foreign Affairs, Cabinet Secretariat, Defense Agency and Ministry of Justice.

During the meeting, EU experts explained to the Japanese officials the outline as well as some details of their respective implementation legislations on the ICC. The experts also pointed out areas of particular interests to make the ICC more effective and universal. From the Japanese participants, there were detailed and wide-ranging inquiries concerning issues which would require further consideration to make the domestic legal system compatible with the Rome Statute. Both participants engaged in an active dialogue throughout the session.

(2)Discussions with Japanese scholars

On December 9, the experts from the European Union had an opportunity to discuss the ICC related issues with Japanese scholars. The EU experts briefed to the Japanese scholars on the historic significance of the establishment of the ICC as well as the efforts in each EU country to legislate domestic law to implement the Rome Statute. The Japanese participants asked the EU's involvement in the ICC as a whole, as well as the prospect on a future activity of the Court. Various comments were also made by the Japanese scholars on the subject.

(3)Panel discussion for the general public

On December 11, the Ministry of Foreign Affairs hosted an panel discussions which was open to the public to discuss a variety of aspects of the ICC. The EU panelists and Japanese experts on the subject (scholars, government officials and a member of the Diet) participated as panelists in the meeting. Over one hundred people attended the meeting as audience.

The meeting started with the keynote address made by the senior official from the Danish Foreign Ministry, and followed by three separate sessions which dealt with various aspects of the ICC. Respective sessions were titled: "Significance of the ICC in international law," "Challenge for the ICC (Cooperation of State Parties and the prospect for future)" and "the ICC and the Civil Society." Both panelists and audience engaged in active discussions and exchange of views in all of the three sessions and the sessions often exceeded the time allocated. Questions and comments were raised and made by the audience, many of which were related to the prospect of Japan becoming a State Party to the ICC as well as the future challenge that the ICC may face to become more operational.

3. Overall assessment of the visit

(1)Throughout this visit, the EU experts expressed strong hope for the early accession of Japan to the Rome Statute. It was therefore felt the high expectations on the EU side for Japan's active participation in the ICC. Even more, the fact of sending eleven experts from seven EU countries and the European Commission in itself can be interpreted as a clear message from the European Union to Japan.

(2)Through the visit, members of the Japanese Government were able to appreciate in more detail the approaches EU members had taken in ratifying the Rome Statute as well as their efforts in legislating implementation laws. The legislations that the EU members have provided to the Japanese side as well as their comments would facilitate the internal work inside the Japanese Government.

(3)In addition, the holding of an open-to-public event on the ICC seemed to have contributed greatly to increase the awareness among the general public on the issue. By hosting this panel discussion, it was hoped that the audience would become more familiar with various aspects of the ICC, ranging from its significance in the international law, possible challenges for the Court to meet so as to become fully operational, to the relations between the court and the civil society. In spite of the limited time available, there were many positive comments expressed by the audience on the value of holding such an event so as to discuss the issue of such significance and share various views on the ICC.

(4)This visit has assisted the EU participants to gain a clearer picture of the current state of consideration concerning the ICC in Japan. It was also a good opportunity for those experts from EU to become more familiar with the area of interests among relevant people in Japan both inside and outside of the government.

(5)It is important for the Japanese Government to further examine in details all the relevant points that were raised though this visit and make the best use of the views and comments that were expressed by the experts. It would also be useful to take into account various points of interests raised in the panel discussion when the government further examines the issue.

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