B4-0295, 0297, 0298, 0306, 0310 and 0312/98

Resolution on the International Criminal Court

12/02/98

The European Parliament,

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

A. whereas, since World War II, over 250 conflicts have resulted in more than 130 million victims and entire populations have suffered gross violations of international law such as genocide, crimes against humanity and war crimes,

B. whereas, in general, national legal systems have failed to hold perpetrators accountable for these offences, thus engendering impunity and preventing all dissuasion and prevention of conflicts and the crimes which ensued,

C. welcoming the progress in this direction made by the ad hoc Tribunals on former Yugoslavia and Rwanda,

D. whereas the defence of human rights is the foundation of the EU, and whereas the Member States and institutions of the Union are therefore called upon to take a leading role in ensuring that the International Criminal Court becomes a reality in the near future,

E. whereas the UN General Assembly of 1997 confirmed the dates of the Diplomatic Conference on the Statute of the International Criminal Court (ICC), to be held in Rome from 15 June to 17 July 1998,

F. whereas there remains one UN Preparatory Committee for the establishment of the International Criminal Court from 16 March to 3 April 1998, which will consider critical questions like ratification and financing of the Court and will re-read the entire Statute as it will be presented at the Diplomatic Conference,

G. welcoming the increasing number of States present and the progress made by the UN Preparatory Committee for the establishment of the International Criminal Court, and welcoming the work schedule on the Statute for the remaining Preparatory Committees,

H. whereas the EU presidency hosted a discussion on the International Criminal Court on 25-26 February 1998 in London; whereas the role of the EU in ensuring a successful conclusion of the Diplomatic Conference in Rome is critical,

1. Calls on the Member States, the Council and the Commission to commit themselves to a successful Diplomatic Conference, completing the Statute of the Court in Rome, by 17 July 1998, with the prompt creation of an independent and effective International Criminal Court;

2. Stresses that the Court must have an Independent Prosecutor able to investigate cases and present indictments on its own initiative and without prior consent of state parties;

3. Stresses that inherent jurisdiction should be extended to cover all the 'core crimes': genocide, crimes against humanity and war crimes;

4. Stresses that the International Criminal Court must be judge of its own competence on questions of admissibility regarding the unavailability or unwillingness of national systems to proceed with a case falling under the jurisdiction of the International Criminal Court, while underlining the necessary complementarity between the national courts and the International Criminal Court;

5. Stresses that the Court must be able to operate without being prejudiced by the actions of the Security Council, recognizing nonetheless the role and competences of the Security Council in maintaining international peace and security;

6. Stresses that the Statute should provide for the obligation that State parties must fully cooperate with the International Criminal Court;

7. Stresses that the Statute of the Court must ensure respect for the rights of suspects, victims, the accused and witnesses in all phases of the procedure, and in particular, respect for the anonymity of witnesses and the use of written testimonies in certain cases;

8. Calls for Parliament to be represented at the Diplomatic Conference on the creation of the ICC in June in accordance with the procedure followed at the Ottawa Conference on anti-personnel mines, and to this end instructs its appropriate committees to consider in detail the issues raised by the Court"s creation;

9. Emphasizes that the Statute of the Court must provide for long-term and secure financing and that the EU must be involved in securing this;

10. Calls on the participants in the Conference, as signatories of the future Treaty, to take the necessary measures for speedy ratification when the Treaty is concluded, enabling the International Criminal Court to begin work without delay;

11. Recognizes that an increasing number of NGOs has made an important contribution to the negotiations; calls on the Council and the Member States to do their utmost to ensure that the non-governmental organizations will be given ample opportunity to present their views to the Diplomatic Conference in Rome in 1998;

12. 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 Preparatory Committee for the establishment of the International Criminal Court.