Selected Legal and Policy Implications Arising from the EU–ICC Agreement of 2006

Abstract

The cooperation between the EU and the ICC is regulated by the EU–ICC Agreement (2006) and deals with matters of mutual interest. It regulates cooperation and assistance, attendance to meetings, exchange of information, testimony, cooperation between the EU and the prosecutor and privileges and immunities. The Common Foreign Security Policy (CFSP) covers all ICC-related acts. With regard to sharing information, the ICC is held to ensure the regular exchange of information and documents. The central problem in this aspect, according to the author, is the delivery of sensitive information. The Agreement mentions two types of information. First, the type that could endanger the safety or security of former EU staff, proper conducts or any EU activity;. the second type is classified information that requires protection from unauthorized disclosure. The ICC decides on the retention of this information. The author questions whether this is appropriate, as the ICC decides if a transfer of information could endanger the EU. He claims that the EU should at least be involved in making this decision. The author concludes that since the Agreement is one-sided, uncertainty is created for the EU about how sensitive information would be treated by the ICC.