B4-1006, 1023, 1027 and 1050/98

Resolution on the International Criminal Court

19/11/98

The European Parliament,

A. whereas on 17 July 1998 the statutes of the permanent International Criminal Court for war crimes, acts of genocide and crimes against humanity were adopted in Rome by 120 votes to 7 with 21 abstentions,

B. whereas this decision is of epoch-making significance, since for the first time an international court will be empowered to try those charged with the above crimes in full independence, even where there is no specific political mandate from the Security Council,

C. whereas the new court will have an independent prosecutor and will also be empowered to try crimes committed in the context of internal conflicts; whereas the court will act on a complementary basis together with national courts, but it will be for the latter to determine the respective spheres of competence where there is a conflict of jurisdiction,

D. whereas already, since the conclusion of the Rome international conference, 58 countries have signed the treaty setting up the court,

E. whereas concerted action is needed by as many countries as possible to maintain the commitment that the preparatory commission should, by 30 June 2000, have completed the remaining technical tasks and drawn up the Court's rules of procedure and criteria for proof,

F. whereas for the court to begin operations it is essential that as many countries as possible accede to its statutes and that at least 60 countries deposit the instruments of ratification of the treaty at UN headquarters,

G. whereas this must be done as rapidly as possible, and at all events by 31 December 2000, so as not to lose the benefits of the outcome of the Rome negotiations,

H. whereas action must also be taken at all levels to ensure that even those countries which have not acceded to the statutes approved in Rome have the chance to review their position and associate themselves with this new move by the international community to enforce respect for the rules of international law,

The European Parliament,

1. Calls on all countries, and on the EU Member States as a matter of urgency, where they have not yet signed the Rome agreement, to do so by the end of 1998, thus recognising the jurisdiction of the court from the outset;

2. Calls on the Council and Commission to make the signature and ratification of the Rome agreement a priority in their relations with third countries;

3. Expects the Member States not to resort to the 'opt-out' clause (Article 124);

4. Calls on those Member States which have already signed the Rome agreement to ratify it as soon as possible, so as to enable the court to commence its activities no later than 31 December 2000;

5. Calls on the Council, the Commission, the EU Member States and the Council of Europe to make every effort within each of the relevant bodies to ensure that the preparatory commission is in place as soon as possible and is able to hold a sufficient number of meetings to allow it to complete its work by 30 June 2000;

6. Calls on the Council, the Commission, the EU Member States and the Council of Europe to make every effort to convince those countries which have not acceded to the court's statutes to agree to accept its binding jurisdiction;

7. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Secretary-General of the Council of Europe and the UN Secretary-General.