B4-0599, 0606, 0625, 0639, 0648 and 0673/98

Resolution on the International Criminal Court

The European Parliament,

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

A. whereas it is necessary 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 and war crimes,

B. whereas the UN Commission on Human Rights strongly supports the establishment of such a Court,

C. 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,

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

E. whereas the Diplomatic Conference of Plenipotentiaries for the Establishment of an International Criminal Court is being held in Rome from 15 June to 17 July 1998,

F. whereas the Member States and the European Commission delegation taking part in the Rome Diplomatic Conference can play a critical role in ensuring a successful conclusion of the Diplomatic Conference in Rome and welcoming the increased convergence of EU Member States' positions,

G. welcoming the offer by the Government of the Netherlands to host the permanent International Criminal Court,

1. Calls on the Rome Diplomatic Conference to take this historic opportunity to conclude the text of a Statute for an independent, fair and effective International Criminal Court;

2. Calls on the Member States, the Council and the Commission to be active in ensuring a successful outcome, i.e. the establishment of an effective International Criminal Court, and not to compromise on essential points of principle in efforts to conciliate reluctant states;

3. Stresses that the Statute of the permanent International Criminal Court to be finalised at the Rome Conference, in order to represent an effective complement to national judicial systems, must provide for:

a) an independent prosecutor able to initiate and conduct investigations and prosecutions, on an own-initiative basis, in situations where the core crimes under the jurisdiction of the court have been committed,

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

c) a good working relationship with the existing International Courts already established in The Hague,

d) a constructive relationship with the United Nations, and in particular with the Security Council, in full recognition of their respective roles and competences,

e) the obligation of States Parties to comply without delay with orders and decisions of the Court,

f) the highest standards of respect for the rights of the accused and of the suspects and the protection of the interests of victims and witnesses,

g) the guarantee of long-term financing to ensure the Court's self-reliance and independence from any external pressure;

4. Stresses furthermore that the Court's jurisdiction over the core crimes of genocide, crimes against humanity and war crimes should apply to the same range of criminal acts whether they are committed in international or intranational armed conflict;

5. 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;

6. 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.