Motion for an urgent resolution pursuant to Article 47 of the Rules of Procedure

tabled by Gianfranco Dell'Alba, Olivier Dupuis e Jean-François Hory on behalf of ARE Group

The European Parliament,

- having regard to its previous resolutions on an International Criminal Court,

A. whereas, the international community has recognised the need to establish a permanent International Criminal Court to complement national legal systems and to end the impunity enjoyed by perpetrators of genocide, crimes against humanity, war crimes, acts of aggression and other serious violations of international law,

B. whereas the preparatory phase for the establishment of the International Criminal Court was completed at the last session of the UN Preparatory Committee from 16 March to 3 April 1998,

C. welcoming the generous offer of Italy to host a Diplomatic Conference of Plenipotentiaries for the Establishment of an International Criminal Court from 15 June to 17 July 1998,

D. welcoming the increased participation of States to the negotiating process, and hoping to see an ever greater participation of States from all regions fully represented at the Rome Diplomatic Conference,

E. welcoming the organisation of intersessional meetings such as Dakar, Costa Rica and Salamanca which provided an opportunity for further participation and commitment of States in different regions,

F. congratulating the UK presidency for its committment to the establishment of the International Criminal Court, and welcoming the increased convergence of EU Members States' position,

G. whereas representatives of all Member States and a European Commission delegation are now taking part to the Rome Diplomatic Conference, and considering that the role of the EU in ensuring a successful conclusion of the Rome Diplomatic Conference is critical,

1. Calls on the international community represented at Rome from 15 June to 17 July 1998 to take the historical opportunity presented by the Rome Diplomatic Conference to conclude the text of a Statute for a independent, fair and effective International Criminal Court,

2. Calls on the Member States, on the Council and on the Commission to ensure that the decision making practice of the Diplomatic Conference in Rome will enable it to resolve any obstacles to its sucessufull conclusions,

3. Stresses that the Statute of the permanent international criminal to be established at Rome, to represent an effective complement to national judicial systems, must provide for

a. an independent Prosecutor able to investigate situations on its own initiative situations where the core crimes under the jurisdiction of the court have been committed

b. the Court's inherent and universal jurisdiction on the the core crimes of genocide, crimes against humanity, war crimes and aggression without any State consent requirement

c. a constructive relationship with all organs of the international community, and in particular with the United Nations Security Council, in full recognition of their respective roles and competences,

d. the obligation of States Parties to comply and effect compliance without delay with orders and decisions of the Court,

e. the highest standards of respect for the rights of the accused, of the suspects, the protecttion of the interests of victims and witnesses

f. secure and long-term financing to ensure the Court's self-reliance and independence from any external pressure

4. Calls on the Council and the Member States to ensure the universality and transparency of the negotiations and the continued participation of the international legal community and civil society,

5. Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Secretary-General of the United Nations, the President of the United Nations General Assembly and the President of the UN Diplomatic Conference for the establishment of the International Criminal Court.