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To
the EU Council and EU Presidency
- Continue to promote member states’ cooperation in criminal
matters, and extend the mandate of existing cooperation mechanisms such as
Europol to include international crimes.
- Ensure that the EU Network meets regularly and has
sufficient resources to function as a forum for law enforcement
professionals to exchange information and experiences about ongoing cases.
Consider nominating a Network coordinator responsible for strategic
planning and the organization of Network meetings.
- Strengthen cooperation between the EU Network and other EU
institutions and bodies (for example, EC delegations in third countries,
EU police missions, rule of law missions and peace building missions) in
order to facilitate extraterritorial investigations into international
crimes.
To EU Member States and other National Governments
- Ensure domestic implementation of international crimes, as
defined in treaties to which the state is a party, and ensure that
statutes of limitations do not apply to international crimes.
- Consider the creation of adequately resourced and staffed
“specialized units” within police and prosecutorial authorities, with
principal responsibility for investigating and prosecuting universal
jurisdiction cases.
- Promote cooperation between immigration authorities and
police and prosecutorial authorities in order to ensure that suspected
perpetrators of international crimes who are visa or refugee applicants
are referred to the appropriate law enforcement authority.
- Commit to appointing contact points in charge of
international crimes in accordance with article 1 of the Council Decision
establishing the EU Network. Ensure that the meetings of the EU Network
are attended by contact points and that information is shared with
relevant institutions involved in the investigation and prosecution of
international crimes.
- Cooperate with Interpol in the creation of a database on
past and current investigations of international crimes in different
countries.
- Ensure adequate measures for the protection of witnesses,
both foreign and national, in universal jurisdiction cases. Protection
should include, where appropriate, the possibility of relocating (within
the country of nationality or another country) seriously at-risk
witnesses.
- Do not extend immunities to persons who no longer have
official duties entitling them to immunity, or whose duties are not
closely analogous to those of a head of state/government or foreign
minister.
- Do not remove the right of victims to pursue private
prosecutions, where such a right already exists in domestic law. Concerns
about vexatious prosecutions can be addressed through less drastic
measures, such as strengthening judicial control of the process.
- Enhance transparency in prosecutorial decision-making
concerning international crimes through publication of applicable
guidelines and judicial review.
- Do not apply amnesties for genocide, war crimes, crimes
against humanity or torture.
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