European Parliament

16 november 1994

JOINT MOTION FOR A RESOLUTION (Rule 47)

by the following Members: KOUCHNER, on behalf of the Group of the Party of European socialists

OOSTALANDER, PACK, HABSBURG, LENZ, on behalf of the Group of the European People's Party

GOL, on behalf of the European Liberal, Democratic and Reformist Party

CARNERO, PETTINARI, PAPAYANAKIS, on behalf of the confederal Group of the Eropean United Left

LANGER, AGLIETTA, ULLMAN, on Behalf of the Green Group in the European Parliament

and LALUMIERE, DELL'ALBA and VADEMEULEBROUCKE, on behalf of the Group of the European Radical Alliance

to replace the motions for resolution by:

the following Members:

- KOUCHNER, on behalf of the Group of the Party of European Socialists (B4-351/94)

- LANGER, on behalf of the Green Group in the European Parliament (B4-359/94)

- DELL'ALBA and PRADIER, on behalf of the Group of the European Radical Alliance (B4-373/94)

on the creation of an International Criminal Tribunal

The European Parliament,

A. having regard to its resolution on the creation of an internatinonal criminal tribunal (21 April 1994, A3-225/94), paragraphs 13 to 16 of which call on the union to advocate, in all international bodies, the establishment of such a tribunal, and express clearly Parliament's wish that the UN general assembly should deal wiht the matter in 1994,

B. whereas, at its 46th session, the International Law Commission adopted the text of a draft statute and recommended that the 49th UN general Assembly reach agreement on a Convention concerning the creation of an International Criminal Tribunal,

C. noting, further, that the representatives of the European union stated during the debate of the sixth Committee of the UN General Assembly (24 October-4 November) that the union would support the recommandation of the International Law Commission if sufficient agreement was reached whithin the international community,

D. whereas the govrenments of some countries - Germany, Belgium, Denmark, Spain, France, Ireland, Italy, the Netherlands (to name but the member states of the union) stated during that they would approve the idea of a conference being organised at an early date by the 49th UN general Assembly,

E. recalling that article VI of the 1948 Genocide Convention provides for the possibility of individuals being tried by such a Criminal Tribunal, in accordance with certain conditions relating to recognition of the Tribunal's jurisdiction,

F. recalling, further, that, in resolution 827 of 1993, the Security Council, by instituting and ad hoc tribunal to prosecute persons for serious violations of international human rights legislation committed on the territory of former Yugoslavia, made de facto a first step towards the establishment of a new international law and jurisdiction,

G. welcoming the creation by the UN, in resolution 995, of an international tribunal charged with trying those responsible for genocide or serious violations of international law in Rwanda,

H. welcoming with deep appreciation the generous offer of the government of one of its Members States to host the Conference,

1. Calls on the Council to take the requisite steps at an early date so that the 49th UN General Assembly convenes a United Nations Conference at the highiest level of participation in 1995;

2. Calls on the EU Member States to pursue this objective jointly in the competent bodies of the UN General Assembly;

3. Affirms that the Conference should adopt a Convention on the creation of an International Criminal Tribunal;

4. Instructs its President to forward this resolution to the Commission, the Council, the UN Secretary-General and the gorvenments of the Member States.