United Nations Security Council draft resolution S/2014/348
Date: 2014-05-22 (meeting 7180)
Agenda: The situation in the Middle East
Vetoed by: CHINA
RUSSIA/USSR

United Nations
Security Council
S/2014/348
Distr.: General
22 May 2014
Original: English
Albania, Andorra, Australia, Austria, Belgium, Botswana,
Bulgaria, Canada, Central African Republic, Chile, Côte d'Ivoire,
Croatia, Cyprus, Czech Republic, Democratic Republic of the
Congo, Denmark, Estonia, Finland, France, Georgia, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Japan, Jordan, Latvia,
Libya, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall
Islands, Mexico, Monaco, Montenegro, Netherlands, New Zealand,
Norway, Panama, Poland, Portugal, Qatar, Republic of Korea,
Republic of Moldova, Romania, Samoa, San Marino, Saudi
Arabia, Senegal, Serbia, Seychelles, Slovakia, Slovenia, Spain,
Sweden, Switzerland, The former Yugoslav Republic of
Macedonia, Turkey, Ukraine, United Arab Emirates, United
Kingdom of Great Britain and Northern Ireland and United States
of America: draft resolution
The Security Council,
Recalling its resolutions 2042 (2012), 2043 (2012), 2118 (2013) and 2139
(2014), and its Presidential Statements of 3 August 2011, 21 March 2012, 5 April
2012 and 2 October 2013,
Reaffirming its strong commitment to the sovereignty, independence, unity and
territorial integrity of the Syrian Arab Republic, and to the purposes and principles
of the Charter of the United Nations,
Recalling its full endorsement of the Geneva Communiqué of 30 June 2012
which states that accountability for acts committed during the present conflict in the
Syrian Arab Republic must be addressed,
Taking note of the reports of the independent international commission of
inquiry on the Syrian Arab Republic, mandated by the Human Rights Council to
investigate all alleged violations of international human rights law since March 2011
in the Syrian Arab Republic, to establish the facts and circumstances that may
amount to such violations and of the crimes perpetrated and, where possible, to
identify those responsible with a view to ensuring that perpetrators of violations,
including those that may constitute crimes against humanity, are held accountable,
Recalling the statements made by the Secretary-General and the United
Nations High Commissioner for Human Rights that crimes against humanity and
war crimes are likely to have been committed in the Syrian Arab Republic,
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S/2014/348
Noting the repeated encouragement by the United Nations High Commissioner
for Human Rights for the Security Council to refer the situation to the International
Criminal Court,
Determining that the situation in the Syrian Arab Republic constitutes a threat
to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Reaffirms its strong condemnation of the widespread violations of human
rights and international humanitarian law by the Syrian authorities and
pro-government militias, as well as the human rights abuses and violations of
international humanitarian law by non-State armed groups, all committed in the
course of the ongoing conflict in the Syrian Arab Republic since March 2011;
2.
Decides to refer the situation in the Syrian Arab Republic described in
paragraph 1 above since March 2011 to the Prosecutor of the International Criminal
Court;
3.
Decides also that the Government of the Syrian Arab Republic shall
cooperate fully with and provide any necessary assistance to the Court and the
Prosecutor, including by implementing fully the Agreement on the Privileges and
Immunities of the International Criminal Court, pursuant to this resolution and,
while recognizing that States not party to the Rome Statute have no obligation under
the Statute, strongly urges all States and concerned regional and other international
organizations to cooperate fully with the Court and the Prosecutor;
4.
Demands that non-State armed groups in the Syrian Arab Republic also
cooperate fully with and provide any necessary assistance to the Court and the
Prosecutor in connection with investigations and prosecutions undertaken pursuant
to this resolution;
5.
resolution;
Expresses its commitment to an effective follow-up of the present
6. Recalls the guidance issued by the Secretary-General on contacts with
persons who are the subject of arrest warrants or summonses issued by the
International Criminal Court;
7.
Decides that nationals, current or former officials or personnel from a
State outside the Syrian Arab Republic which is not a party to the Rome Statute of
the International Criminal Court shall be subject to the exclusive jurisdiction of that
State for all alleged acts or omissions arising out of or related to operations in the
Syrian Arab Republic established or authorized by the Council, unless such
exclusive jurisdiction has been expressly waived by the State;
8.
Recognizes that none of the expenses incurred in connection with the
referral, including expenses related to investigations or prosecutions in connection
with that referral, shall be borne by the United Nations and that such costs shall be
borne by the parties to the Rome Statute and those States that wish to contribute
voluntarily and encourages States to make such contributions, noting the need for
funding of expenses related to investigations or prosecutions of the International
Criminal Court, including in connection with situations referred to the Court by the
Security Council, as stated in General Assembly resolution 67/295;
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S/2014/348
9. Invites the Prosecutor to address the Council within two months of the
date of adoption of this resolution and every six months thereafter on actions taken
pursuant to this resolution and requests the Secretary-General to circulate the report
of the Prosecutor as a document of the Council, in advance of such briefings;

10. Decides to remain seized of the matter.

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Voting result: 13 yes, 2 no, 0 abstentions
Votes by member:
country: Argentina
vote: Y
country: Australia
vote: Y
country: Chad
vote: Y
country: Chile
vote: Y
country: France
vote: Y
country: Jordan
vote: Y
country: Lithuania
vote: Y
country: Luxembourg
vote: Y
country: Nigeria
vote: Y
country: Republic of Korea
vote: Y
country: Rwanda
vote: Y
country: United Kingdom of Great Britain and Northern Ireland
vote: Y
country: United States of America
vote: Y
country: China
vote: N
country: Russian Federation
vote: N