Visit of EU and ICC Officials to Japan
(Overall Assessment)
December 2004
Ministry of Foreign Affairs of Japan
Japanese
Summary
This visit to Japan was organized so as to exchange views among officials of Japan, the European Union (EU) and the International Criminal Court (ICC) on current work of the ICC as well as Japan's ongoing examination towards the accession of the Rome Statute. During the visit, events such as the exchanges of view with Japanese government officials, scholars and Diet members were organized. A seminar open to public also took place so as to attract public attention to the issue. The visit contributed in increasing the degree of interest inside Japan towards the ICC as well as in facilitating the process of internal studies concerning the Rome Statute.
1. Summary of the Event
| (1) | The delegation from the EU was led by its Presidency, the Netherlands, headed by Ambassador Edmond Wellenstein, Directory General of the ICC Task Force of the Dutch Foreign Ministry. From other EU members, officials from France, Germany, Italy, Luxemburg (next Presidency), Slovenia and Sweden participated in this visit. The EU delegation also included representatives from the Council Secretariat and European Commission, making the total number of thirteen participants. Furthermore, for the first time after the entry into force of the Rome Statute establishing the ICC, a senior official from the ICC, Ms. Fernández de Gurmendi, Chef de Cabinet of the Office of the Prosecutor, visited Japan. (Annex 1: the list of participants [PDF]) This visit was held subsequent to the similar program held in December 2002, and was suggested by the Netherlands, EU Presidency for the second half of 2004. The Japanese Ministry of Foreign Affairs cooperated in realizing the visit. |
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| (2) | During the visit, EU and ICC officials had an all-day meeting with relevant officials of the Japanese government (from the Foreign Ministry, Ministry of Justice and Defense Agency, on December 2) and another meeting with Japanese scholars of international law (on December 1). The EU on its part held a luncheon meeting with Diet members (on December 1). (Annex2: overall schedule [PDF])
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| (3) | On December 3, an open-to-public seminar titled "Work and Future of the International Criminal Court" was co-hosted by the Foreign Ministry and the European Union. (Annex 3: The program and details of the seminar [PDF] |
Below: Parliamentary Secretary Itsunori ONODERA making opening remarks at the public seminar ICC held on December 3, 2004, co-hosted by the Japanese Foreign Ministry and the European Union
2. Achievement
| (1) | This program can be viewed as a follow-up of the previous visit of the EU officials which took place in December 2002. With regard to the previous event, it was held shortly after the entry into force of the Rome Statute (in July 1, 2002) and the work of the Court was yet to become visible. Accordingly, the public interest to the ICC in Japan remained at a general level. In contrast, the current visit took place when the public had increased and more specific interests on current activities as well as the future of the Court since in two years time the Court has commenced investigations in both Democratic Republic of Congo and northern Uganda. Because of such background, it can be said that this visit was organized at most opportune timing. It was also valuable to have had the presence of the senior official from the ICC's Office of the Prosecutor; it provided an opportunity to directly exchange views on the current phase of investigation as well as the approach the Office is taking. |
| (2) | Regarding the exchanges of views with government officials, wide-ranging issues were covered in addition to the current work of the ICC and each State's assessment. Participants from the EU and ICC raised many questions related to the status of the ongoing studies on the Rome Statute conducted by the Japanese government officials; such questions illustrated their keen interests on Japan's early accession to the Rome Statute. In this relation, participants from both sides discussed various legal aspects of the Rome Statute arising from the current examinations by the Japanese government. In comparison to the previous program in 2002, the substance of the discussion was more focused and detailed. During the meeting, some specific aspects of interpretation of the Rome Statute as well as implementing legislations of respective EU member States were also analyzed. Such discussions will facilitate further examination made by the Japanese Government for the accession to the Rome Statute. |
| (3) | At the meeting with Japanese scholars, a senior ICC official briefed to the audience the current state of affairs concerning the work of the ICC, providing the perspective of a practitioner. Participants from the EU member States explained some areas which became an issue when implementing the Rome Statute. As seen from those examples, the meeting provided an opportunity for academics to hear a firsthand view of practitioners. Furthermore, Japanese scholars raised specific points such as how the ICC can conduct effective investigation within its limited human and financial resources when a State Party decided to refer a situation within its territory. Scholars have also asked the EU delegates' view on the prospect of the debate on the crime of aggression and its relations to the role of the United Nations Security Council. Such focused and specific questions may have impressed the EU and ICC participants on the high degree of academic interests on the ICC inside Japan. |
| (4) | Despite the limited time available for the registration, the public seminar on the current work and future of the ICC attracted far more applications than the conference room can actually accommodate. Due to such a large number of applications, the meeting was filled to the capacity (about 120 people attending). Such positive turnout illustrated the growing public interests to the ICC. During the seminar, active debate among the panelists (Japanese Diet members, scholars as well as representatives of both EU and ICC) took place. Combined by the questions and comments from the audience, the seminar proved to be an appropriate forum for deepening the public understanding to the work of the ICC as well as the views of major State Parties to the Court. In particular, the seminar provided an opportunity to discuss and analyze multi-faceted aspects of the Court; discussions addressed those issues such as the detailed information on the ongoing activities of the ICC, how State Parties cooperate to the Court, and what kind of challenges the Court would face so as to function as an effective international judicial body. Although it was not directly touched upon at the seminar itself, in a number of meetings during the visit, not a few comments were made regarding the importance of winning the domestic support and understanding on Japan's participation to the ICC. In particular, given the difficult financial situation surrounding the Japanese Government, it has become all the more important to explain persuasively the positive impact for newly joining an international organization. |
| (5) | After the completion of the entire program, the participating EU and ICC officials have commented favorably on the visit. The Ministry of Foreign Affairs believe that a series of events have provided a valuable opportunity for the EU and ICC representatives a more accurate understanding on the current phase of internal studies conducted by the Japanese Government as well as the domestic interests towards the Court. The comments made regarding the substance of various meetings as well as the response general public attended the seminar were also positive as a whole. |
| (6) | Based on the results of the series of meetings took place through this visit, it is believed that the Foreign Ministry, with the cooperation of relevant domestic Ministries and Agencies, needs to further accelerate the examination towards the Rome Statute. |
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