Explanatory Memorandum to COM(2004)348 - Restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2004)348 - Restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the ... |
|---|---|
| source | COM(2004)348  |
| date | 29-04-2004 |
On 16 April 2003, the Council adopted Common Position 2003/280/CFSP which provides that Member States have to take the necessary measures to prevent the entry into, or transit through, their territories of certain persons who are engaged in activities which help persons at large to evade justice for crimes for which the International Criminal Tribunal for the former Yugoslavia (ICTY) has indicted them or are otherwise acting in a manner which could obstruct the ICTY's effective implementation of its mandate. These restrictive measures were renewed by Common Position 2004/293/CFSP of 30 March 2004.
When renewing these restrictive measures, Member States indicated that they will adopt a Common Position on further measures and invited the Commission to submit a proposal for a Regulation on the freezing of certain funds and economic resources in support of the effective implementation of the mandate of the ICTY. The draft Common Position provides for the Council to adopt a list of those persons indicted by ICTY whose funds and economic resources should be frozen.
The ICTY has the power to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991. This Tribunal was established by means of UN Security Council Resolutions 808 and 827 (1993), which are based on Chapter VII of the UN Charter. The Security Council argued that the widespread and flagrant violations of humanitarian law occurring within the territory of the former Yugoslavia constituted a threat to international peace and security and that the establishment as an ad hoc measure of an international tribunal and the prosecution of persons responsible for serious violations of international humanitarian law would contribute to the restoration and maintenance of peace.
On 28 August 2003, the UN Security Council adopted Resolution 1503 (2003), which calls on all States to intensify cooperation with and render all necessary assistance to the ICTY, particularly to bring all fugitive indictees to the ICTY.
The Commission proposes to adopt legislation based on Articles 60, 301 and 308 of the EC Treaty. The persons, groups and entities whose funds and economic resources should be frozen are not part of a regime of a third country, and the objective of the restrictive measures is to help to preserve international peace and security. Their position under the Treaty is therefore similar to that of the persons, groups and entities whose funds and economic resources are frozen because of indication of involvement in international terrorism (Regulations (EC) Nos 2580/2001 and 881/2002).
The proposed provisions and set-up are in line with recent Regulations imposing financial restrictions, and in particular with the relevant provisions of Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe.
In order to prevent, in so far as possible, before the proposed Regulation enters into force, funds and economic resources that should be frozen from being moved, the Commission asks for the contents thereof not to be disclosed to the public before the Regulation is approved by the Council and published in the Official Journal of the European Union.