1. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 31 – Common Foreign, Security and Defence Policy Bilateral screening: Chapter 31 PRESENTATION OF MONTENEGRO Brussels, 27 May 2013

2. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 31 – Foreign Security and Defense Policy - Poglavlje 25 Nauka i istraživanje Bilateral screening: Chapter 31 Presentation of Montenegro Brussels, 27 May 2013 Chapter 31: Foreign, Security and Defence Policy

3. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Mr. Blagoje Gledović, Ministry of Justice blagoje.gledovic@mpa.gov.me Chapter 31: Foreign, Security and Defence Policy Montenegro’s policy on the International Criminal Court

4. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign, Security and Defence Policy Chapter 31: Foreign, Security and Defence Policy Outline  Introduction – the Constitution of Montenegro and international law;  Important dates and activities in state policy on the ICC;  The Law on Cooperation with the International Criminal Court;  Montenegrin criminal legislation and the Rome Statute;  Conclusions

5. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign, Security and Defence Policy Chapter 31: Foreign, Security and Defence Policy The Constitution of Montenegro, “Official Gazette of MNE”, No. 1/2007  Article 9 (Legal order): “Ratified and published international agreements and generally accepted rules of the international law are the component of the domestic legal order, have supremacy over the domestic legislation and are being directly implemented when governing relations differently from domestic legislation.”

6. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign, Security and Defence Policy Chapter 31: Foreign, Security and Defence Policy Overview of relations with ICC  Montenegro ratified the Rome Statute on 23 rd October 2006 (prior to that, Montenegro had been a member of the Rome statute since 2001;  Montenegro ratified the Agreement on Privileges and Immunities of the ICC (APIC) on 23 October 2006;  In December 2003 the Criminal Code was adopted, which created a basis for investigation and prosecution of criminal offences of genocide, crime against humanity and war crimes before the domestic courts;  27 July 2009 the Parliament of Montenegro adopted the Law on Cooperation with the International Criminal Court

7. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign, Security and Defence Policy Chapter 31: Foreign, Security and Defence Policy The Law on Cooperation with ICC  Adopted on 17 July 2006 within the wide strategy of fostering international judicial cooperation, and particularly in the context of fulfilling international obligations of Montenegro from the Rome Statute of the ICC;  The Law establishes jurisdiction of the Ministry of Justice for cooperation and other types of communication with ICC, as well as jurisdiction of the Supreme State Prosecutor for representation of the state in proceedings before the ICC for the purpose of protection of interests of the state or its citizens;  Urgency of the proceeding upon the request of the ICC;  Criminal proceedings in Montenegro and transfer of criminal proceeding to the ICC

8. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign, Security and Defence Policy Chapter 31: Foreign, Security and Defence Policy The Law on Cooperation with the ICC  Principles of cooperation (Art. 93 of the Rome Statute, confidentiality of the ICC request, conducting activities by the competent authority);  The presence of the ICC representatives and their involvement in all phases of the proceedings;  Takeover of proceeding by the ICC;  Enforcement of the ICC decisions;  Participation of Montenegro in the ICC work;  Contributions to the budget of the ICC

9. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign, Security and Defence Policy Chapter 31: Foreign, Security and Defence Policy Alignment of criminal legislation  By adoption of the 2003 Criminal Code, Montenegro has aligned its criminal legislation with the legal requirements from the Rome Statute of the ICC  Through the Chapter 35 of the Criminal Code, the Articles 6, 7, 8 of the Rome Statute related to the incrimination of the genocide, crimes against humanity and war crimes were implemented;  The Proposal of the Law on Amendments to the Criminal Code which is currently in the parliamentary procedure forsees the criminal offence of agression. In that regard, the existing solutions were changed and improved in accordance with the 2010 Kampala ammendments as well as UNSC Resolution 3314

10. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign, Security and Defence Policy Chapter 31: Foreign, Security and Defence Policy Alignment of criminal legislation  The Law on Cooperation with the International Criminal Court also provides procedural aspects of cooperation with the ICC and by that meets the Rome Statute obligations for the member states in this regard;  Montenegro is also the state party to the numerous international instruments from the area of humanitarian law and security which correspond with the Rome statute

11. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign, Security and Defence Policy Chapter 31: Foreign, Security and Defence Policy Alignment of criminal legislation  At the 15 th Session of the Human Rights Council within the Universal Periodic Review (UPR) 2013, Montenegro was among the states that were under the review in regard with the ratification of the Rome Statute, Agreement on Privileges and Immunities and alignment of the criminal legislation with the mentioned agreements. In this regard, there were no recommendations for Montenegro, automatically meaning that Montenegro is among the states that have already undertaken such steps.

12. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31: Foreign, Security and Defence Policy Chapter 31: Foreign, Security and Defence Policy Conclusion  Through the continuous reform of the criminal legislation, Montenegro has aligned its normative framework with legal requirements from the Rome Statute and by that reaffirmed the state commitment to the implementation all the obligations from the Rome Statute;  In the future period, Montenegro will continue to be committed to the principles and work of the International Criminal Court, taking into account its important role in investigating and prosecuting of the most serious crimes that are endangering fundamental values of civilization among which are especially placed human rights, freedom, peace, principles of humanity and penalizing perpetrators of the most serious crimes.

13. Thank you for your attention! QUESTIONS