By 2 Giugno 2024 By Redazione
Introduction.
This principle is crucial as it restricts the EU institutions, including the EC and EP, to act only within the scope of powers explicitly granted to them.
Treaty on the Functioning of the European Union (TFEU)
The TFEU further elaborates on the specific areas where the EU has competence. Article 4 and Article 24 of the TFEU indicate that common foreign and security policy, including the common defence policy, remain primarily the responsibility of Member States. Specifically, Article 4(2) states:
“The Union shall have competence to carry out activities, in particular to define and implement a common foreign and security policy, including the progressive framing of a common defence policy that might lead to a common defence, in accordance with the provisions of the Treaty on European Union.”
However, these activities are subject to the unanimous approval of the Member States and do not confer independent war-waging capabilities upon the EC or EP.
Competence in Defence and Military Matters
The EU’s role in defence is mainly facilitative and coordinative, without autonomous military authority. The primary responsibility for national security and defence remains with the Member States. Article 42 of the TEU emphasizes that the EU’s defence policy is subordinate to the North Atlantic Treaty Organization (NATO) for those Member States that are NATO members.
Article 42 of the TEU
Article 42(2) TEU states:
“The common security and defence policy shall include the progressive framing of a common Union defence policy. This will lead to a common defence, when the European Council, acting unanimously, so decides. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements.”
Furthermore, Article 42(7) TEU, the so-called “mutual defence clause,” provides a collective defence obligation similar to NATO’s Article 5, yet it emphasizes the Member States’ primacy in taking action:
“If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the United Nations Charter.”
The Role of the European Commission and European Parliament
Under the Rome Statute of the International Criminal Court (ICC), individuals, including those in leadership positions, can be held accountable for war crimes.
The Rome Statute and War Crimes
The Rome Statute, which established the ICC, defines war crimes in Article 8. War crimes include, among other actions, grave breaches of the Geneva Conventions, attacks on civilian populations, and extensive destruction of property not justified by military necessity.
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