European Parliament resolution on the ratification of the Rome Treaty to establish the Permanent International Criminal Court
Date: 2001-01-18
Institutions: European Parliament
Subjects: crime against humanity, international agreement, international court, international criminal law, ratification of an agreement

C 262/262

Official Journal of the European Communities

EN

18.9.2001

Thursday 18 January 2001

C. whereas international human rights organisations report that thousands of people have gone missing

since 1992 and no practical action has been taken to shed light on these disappearances,

D. whereas the issue of de facto impunity is a major problem for the full restoration of the rule of law in

Algeria,

E. whereas the risk of instability in the Maghreb countries is bound to affect the safety of citizens of

those countries and the security of European countries,

1.

Expresses its sympathy and solidarity with the Algerian people;

2.
Condemns in the strongest terms the killings, massacres and disappearances to which civilians reg-
ularly fall victim in Algeria; calls on the Algerian authorities to spare no effort to carry out the necessary
investigations and bring to justice those responsible for these crimes;

Calls on any Algerian political and religious leaders who may have some power or influence over the

3.
people behind the massacres to undertake to do their utmost to end the violence in Algeria;

4.
Calls on the Algerian Government to step up the dialogue with all political, democratic and civil
society movements that reject the use of violence, so as to permit restoration of the rule of law and respect
for human rights;

Calls on the Algerian authorities to cooperate fully with the UN Working Group on Enforced or

5.
Involuntary Disappearances;

6.
Is deeply concerned at the difficulties that a number of Algerian citizens threatened by the terrorist
groups are continuing to encounter in obtaining a temporary right of asylum in a Member State, and
draws attention to the fact that the European Union’s Charter of Fundamental Rights makes a new
approach possible in this area; but at the same time underlines the need for greater vigilance in granting
political asylum to Algerian nationals, when it appears that they are using such hospitality to organise
operational home bases for the terrorist movements;

Instructs its President to forward this resolution to the Council, the Commission and the Algerian

7.
Government and Parliament.

13. International Criminal Court

B5-0060, 0067, 0073, 0078 and 0085/2001

European Parliament resolution on the ratification of the Rome Treaty to establish the Permanent
International Criminal Court

The European Parliament,

A. whereas on 17 July 1998 the Statute of the Permanent International Criminal Court (ICC) to judge war
crimes, genocide and crimes against humanity was adopted in Rome by 120 votes to 7 with 19 absten-
tions,

B. whereas, for the first time, a court with international jurisdiction can independently judge the people

responsible for the above crimes,

C. mindful that during the last century millions of children, women and men have been victims of unim-

aginable atrocities that deeply shock the conscience of humanity,

18.9.2001

EN

Official Journal of the European Communities

C 262/263

D. determined to put an end to impunity for the perpetrators of these crimes and to contribute to the

prevention of such crimes,

Thursday 18 January 2001

E.

considering the interest and determination the European Parliament has demonstrated in following
this issue, including the adoption of strong positions on essential elements of the Statute before the
Diplomatic Conference, which were eventually incorporated in the final text of the Rome ICC Statute,

F. welcoming the fact that 139 governments have signed the Rome Treaty and 27 have ratified it, but
noting that at least 60 ratifications are needed for the Treaty to enter into force and for the Court to
be set up,

G. whereas on 30 June 2000 the UN Preparatory Commission adopted by consensus the Rules of Pro-
cedure and Evidence and the Elements of Crimes of the Court, as mandated by the Diplomatic Con-
ference,

H. whereas the UN Preparatory Commission has been mandated by the Diplomatic Conference to finalise
the Relationship Agreement with the UN, the Financial Regulations and Rules, the Agreement on
Privileges and Immunities, the Definition on Aggression, the Rules of Procedure of the Assembly of
State Parties, the first year’s Budget of the Court, and the Headquarters Agreement,

Congratulates the 27 States that have already ratified the Rome Treaty, including eight EU Member

1.
States: Italy, France, Belgium, Luxembourg, Spain, Germany, Austria and Finland;

2.
Urges the Member States of the EU and the candidate countries that have not yet ratified the Rome
Treaty to do so as soon as possible, without opting out of the provisions on war crimes, pursuant to
Article 124 of the Treaty;

3. Welcomes US President Bill Clinton’s signing of the Treaty on 31 December 2000, as well as the
recent signing by the Yugoslav Federation on 19 December 2000, and calls on both Parliaments to ratify
the Treaty;

4.
Asks EU Member States to take action in all appropriate fora to maintain and protect the integrity of
the Rome ICC Statute, rejecting any proposal for amendment that would weaken the fairness, effectiveness
or impartiality of the future ICC;

Urges all other states to ratify the Treaty as soon as possible in order to reach the minimum level of

5.
60 ratifications before the end of 2001 so that the Court can begin to function;

Calls upon all states to continue to support the work of the International Criminal Tribunals for

6.
Rwanda and former Yugoslavia;

Calls on the Council to set the ratification of the Treaty of Rome regarding the International Criminal

7.
Court as a priority of its action for the year 2001, especially in the perspective of its bilateral relations;

Notes with satisfaction the financial contribution of the EU and Member States to the trust fund
8.
established by the UN to assist participation in ongoing negotiations relating to the ICC by the least devel-
oped countries and international NGO campaigns in support of the prompt and effective entry into force
of the Rome ICC Statute, and invites the EU and Member States to continue and intensify this effort;

9.
Instructs its President to forward this resolution to the Council, the Commission, the parliaments of
the Member States, the governments and parliaments of the candidate countries and the UN Secretary-
General.