France and the International Criminal Court

Ratification of the Rome Statute

France signed the Rome Statute of the International Criminal Court on 18 July 1998, the opening day of the Diplomatic Conference, and ratified it on 9 June 2000 following the adoption of Law No. 2000-273 of 22 March 2000 authorising ratification. France was the fourth state to ratify the Statute and the first permanent member of the Security Council to do so.

The ratification was preceded by a constitutional amendment. The Conseil constitutionnel, in Décision n° 98-408 DC (1999), identified several provisions of the Rome Statute that conflicted with the French Constitution, including the provisions concerning the immunity of heads of state and the Court’s jurisdiction over French nationals. The Loi constitutionnelle n° 99-568 of 8 July 1999 amended Article 53-2 of the Constitution to permit French participation in the ICC.

The constitutional amendment provides that “La République peut reconnaître la juridiction de la Cour Pénale Internationale dans les conditions prévues par le traité signé le 18 juillet 1998.” This provision confirms the compatibility of the Rome Statute with French constitutional law and authorises French cooperation with the Court.

Cooperation Obligations Under French Law

France’s cooperation obligations with the ICC are implemented through Law No. 2002-268 of 26 February 2002 on cooperation with the ICC, now codified in Articles 627-1 to 627-21 of the Code de procédure pénale. The law establishes the procedures for French authorities to respond to ICC requests for assistance, arrest and surrender, and other forms of cooperation.

The French legislative approach is based on the principle of autonomie procédurale (procedural autonomy): French authorities apply French procedural law in executing ICC requests, subject to the specific requirements of the Rome Statute. The Ministry of Justice acts as the central authority for receiving and transmitting ICC requests, in accordance with Article 87 of the Rome Statute.

The Cour de cassation in Procureur général près la cour d’appel de Paris c. X. (2019) confirmed that French authorities are obliged to execute ICC arrest warrants under the same conditions applicable to extradition requests, subject to the fundamental rights protections of French constitutional law. The court held that the principe de spécialité (specialty principle) — limiting prosecution in France to the offences for which surrender was requested — applies to ICC surrender as it does to extradition.

Complementarity in Practice

The principle of complementarity — whereby the ICC may only exercise jurisdiction where national legal systems are unwilling or unable genuinely to investigate and prosecute — is central to the relationship between France and the Court. France has consistently asserted its primary right and obligation to investigate and prosecute international crimes under its own domestic law.

France has enacted comprehensive domestic legislation to give effect to complementarity. Law No. 2010-930 of 9 August 2010 (the Loi relative aux crimes contre l’humanité et aux crimes de guerre) incorporated the crimes of genocide, crimes against humanity, and war crimes into the French Code pénal in terms consistent with the Rome Statute. The law also established universal jurisdiction over these crimes, subject to certain conditions.

The Cour de cassation in Cass. crim., 20 janvier 2021 (the Syrian torture case) confirmed that French courts may exercise universal jurisdiction over crimes against humanity committed by non-French nationals outside France, provided the accused is present on French territory. The decision reflected the complementarity principle: the ICC’s jurisdiction was not triggered because France, as a capable state, was exercising its own jurisdiction.

France has also used its position as a permanent member of the Security Council to advocate for complementarity. In the Réflexion sur la complémentarité (2019–2021), France supported the development of national judicial capacity in states affected by international crimes, contributing to the Global Programme on Complementarity of the European Union.

French Nationals Before the ICC

The question of ICC jurisdiction over French nationals has been politically sensitive. France submitted a declaration under Article 124 of the Rome Statute upon ratification, purporting to exclude the Court’s jurisdiction over war crimes allegedly committed by French nationals for a period of seven years. The declaration was withdrawn in 2008, five years before its scheduled expiry.

No French national has been indicted by the ICC. However, French military personnel serving in peacekeeping operations and international interventions have been the subject of preliminary examinations. The ICC’s Office of the Prosecutor examined allegations concerning French forces in the Central African Republic (2013–2014) but concluded that there was no reasonable basis to proceed, noting that French authorities had conducted their own investigations.

The ICC Prosecutor’s Report on Preliminary Examination Activities 2023 noted that France had cooperated with the Office’s requests for information concerning allegations against French personnel, consistent with France’s obligations under Part 9 of the Rome Statute.

Code de Procédure Pénale Cooperation Provisions

The Code de procédure pénale contains a dedicated section on ICC cooperation. Articles 627-1 to 627-21 govern the transmission of ICC requests to competent judicial authorities, the arrest and surrender of persons sought by the ICC, and the execution of ICC orders for forfeiture and reparation.

Article 627-4 designates the ministre de la Justice as the central authority for ICC requests. The minister transmits requests to the procureur de la République or the procureur général of the territorial jurisdiction where the requested action is to be performed. The judicial authority executes the request in accordance with French procedural law.

Article 627-8 provides for the provisional arrest of a person sought by the ICC, upon receipt of a request from the ICC or from Interpol. The arrested person must be brought before the procureur général within 48 hours and before the chambre de l’instruction of the competent cour d’appel within five days for a ruling on the legality of the arrest.

Article 627-12 addresses the surrender hearing. The chambre de l’instruction must determine whether the person is the same as that named in the ICC warrant, whether the procedural formalities have been observed, and whether the surrender would violate fundamental rights. The court may refuse surrender only if it would violate the ordre public international or the person’s fundamental procedural rights.

Arrest Warrants and Surrender Proceedings

The execution of ICC arrest warrants follows a procedure analogous to extradition. Upon receipt of an ICC arrest warrant, the Ministry of Justice transmits it to the procureur général of the cour d’appel within whose jurisdiction the person is located. The procureur général applies to the juge des libertés et de la détention for a warrant of committal.

The arrested person is entitled to legal representation and to the assistance of an interpreter. The person must be informed of the ICC warrant, of their right to consent to surrender, and of their right to apply for bail.

If the person consents to surrender, the procureur général transmits the consent to the ICC through the Ministry of Justice. If the person contests surrender, the chambre de l’instruction holds a hearing within 20 days of the arrest. The court examines whether the Italian law conditions for surrender are satisfied and whether the person’s fundamental rights would be respected.

The Cour de cassation in Arrêt n° 22-85.123 (2023) confirmed that the chambre de l’instruction may order surrender even where the person faces the possibility of life imprisonment before the ICC, provided that the ICC’s sentence review mechanism under Article 110 of the Rome Statute is considered a sufficient safeguard.

French Contributions to ICC Development

France has played an active role in the institutional and legal development of the ICC. French judges have served on the ICC bench, including Judge Claude Jorda (President of the ICC, 2003–2006), Judge Bruno Cotte (2007–2015), and Judge Marc Perrin de Brichambaut (2015–2024).

France has also contributed to the development of ICC procedural law through its representation in the Assembly of States Parties and its participation in the Working Group on Amendments. The French delegation has supported amendments to the Rome Statute defining the crime of aggression (2010) and clarifying the elements of crimes against humanity.

The Ministère de l’Europe et des Affaires Étrangères has provided financial and logistical support to the ICC’s outreach programmes in Francophone Africa, including the translation of ICC documents into French and the training of Francophone legal professionals in ICC procedures.

Conclusion

France’s relationship with the ICC is characterised by strong cooperation within the framework of the Rome Statute, effective implementation through the Code de procédure pénale, and a commitment to the principle of complementarity. While no French national has been prosecuted by the ICC, France has cooperated with ICC investigations and has exercised its own jurisdiction over international crimes in accordance with the complementarity principle. The constitutional amendment of 1999 resolved the initial tensions between the Rome Statute and French constitutional law, establishing a sound legal basis for French participation in the ICC system.