Motion for Resolution on the prompt entry into force of the Rome Statute of the International Crimination Court

Tabled by:

Ms Bonino and Mr Cappato, Mr Dell’alba, Mr Della Vedova, Mr Dupuis, Mr Pannella, Mr Turco on behalf of the TDI group

Pursuant to:

Article 50 of the Rules of Procedure, with inclusion in the debate ontopical and urgent subjects of major importance;

The European Parliament,

  1. Whereas, on 17 July 1998, the UN Rome Diplomatic Conference of Plenipotentiaries for the establishment of the International Criminal Court (Diplomatic Conference) adopted through a vote of 120 in favour, 7 against and 21 abstentions, the Rome Statute of the International Criminal Court (ICC), establishing, for the first time in history, a permanent Court with international jurisdiction to try those responsible for genocide, crimes against humanity and war crimes;

    2.  

  2. Whereas, on 30 June 2000, the UN Preparatory Commission, adopted by consensus the Rules of Procedure and Evidence and the Elements of Crimes of the Court, as mandated by the Diplomatic Conference;

    3.  

  3. Considering the interest and determination the European Parliament has demonstrated in following this issue, including the adoption of strong positions on essential elements of the Statute before the Diplomatic Conference, which were eventually incorporated in the final text of the Rome ICC Statute, such as that the ICC have inherent jurisdiction on core crimes, an independent prosecutor, that it be judge of its own competence on questions of admissibility, and operate without undo interference by states or the UN Security Council;

    4.  

  4. Considering that the EP position, expressed before the Diplomatic Conference, has been the basis of a increasingly common EU strategy at the Diplomatic Conference and that since then Member States have been speaking with one voice on this important issue;

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  5. Whereas, as stated in article 126 of the Statute, the Rome ICC Statute will enter into force soon after the deposit of the 60th instrument of ratification;

    6.  

  6. Congratulating the 139 States that signed the Statute by the deadline of 31 December 2000, set in article 125 of the Statute, including all EU Member States, as well as the USA, the Russian Federation, the Federal Republic of Yugoslavia, Iran, Israel and many key Arab countries, many of whom has voted against or abstained in the final vote of the Diplomatic Conference;
  7. Commending the 27 states, including Italy, France, Belgium, Luxembourg, Spain, Germany, Austria and Finland, that, as of 31 December 2000, have deposited their instruments of ratification with the Secretary General of the United Nations;

  8. Considering the international mobilisation campaigns for the prompt and effective entry into force of the ICC Statute carried out by many NGOs, particularly Amnesty International, Human Rights Watch and No Peace Without Justice;

    9.  

 

  1. Urges the seven EU Member States that have not yet ratified the Rome ICC Statute to do so by the end of the year 2001;

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  2. Asks EU Associated and Applicant States to ratify the Rome ICC Statute as soon as possible and invites the Council and the Commission to regard such ratification as a prerequisite in EU accession negotiations;

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  3. Invites the Council, the Commission and Member States to regard the prompt and effective entry into force of the ICC Statute as a priority of the Union’s foreign policy, taking firm action in order to persuade those States that have not yet ratified to do so as soon as possible and including this item in the agenda of all bilateral and multilateral consultations in the course of the year 2001;

    4.  

  4. Notes that appropriate and necessary implementing legislation at national level may be necessary for the entry into force of the Rome ICC Statute to translate in an integrated and effective national and international criminal justice system to prevent and punish genocide, crimes against humanity and war crimes and calls on all countries to give this item priority in their legislative agendas;

    5.  

  5. Asks EU Member States to take action in all appropriate seats to maintain and protect the integrity of the Rome ICC Statute, rejecting any proposal for amendment that would weaken the fairness, effectiveness or impartiality of the future ICC and to conclude all ongoing negotiations relating to the practical implementation of the Rome ICC Statute, including the financial regulations, the headquarters agreement, in view of the concrete establishment of the ICC in the shortest possible time;

    6.  

  6. Notes with satisfaction the financial contribution of the Commission and of EU Member States to the trust fund established by the United Nations to assist the participation to ongoing negotiations relating to the ICC by the Least Developed Countries and to international NGO campaigns in support of the prompt and effective entry into force of the Rome ICC Statute, and invites the Commission and EU Member States continue and intensify this effort;

    7.  

  7. Asks that its Inter-Parliamentary Delegations to include an item on the ICC in the agenda of all meetings with their respective partners;

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  8. Decides to send a European Parliament ad hoc delegation to the forthcoming sessions of the UN Preparatory Commission at the UN Headquartes;

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  9. Decides to review by the end of the year the progress of the ratification and implementation of the Rome ICC Statute;

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  10. Calls on the Council, the Commission and Member States to operate at the appropriate levels so that the 17th of July of every year be declared "International Justice Day".

    11.  

  11. Instructs its President to forward this resolution to the Council and the Commission, the Parliaments of the Members States, the governments and parliaments of applicant countries, and to the Secretary General of the United Nations.