Turkey is not yet party to the Roma Statute establishing the International Criminal Court, which entered into force in 2002. Turkey, however, is expected to fulfil this criterion prior to EU accession as being party to the Rome Statute is part of the EU acquis communautaire. This study will initially explain EU’s approach to candidate countries’ alignment with the Common and Foreign Security (CFSP) acquis and ‘’being party to the Rome Statute’’ in particular within EU Enlargement Policy. This will contribute to clarify its approach towards Turkey’s accession to the Rome Statute and thus to analyse the expected results of Turkey’s choice of non-accession for its EU membership. In this way, this article strives to demonstrate that Turkey’s fundamental and satisfactory alignment with the CFSP acquis could be considered adequate for EU accession, ruling out its choice of non-accession to the Rome Satute, due to EU’s flexible approach to alignment with the CFSP acquis and to the Rome Statute accession in particular.
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