European Parliament

Resolution on a permanent international criminal court

The European Parliament,

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

A. whereas crimes against humanity, genocide and serious war crimes continue to be perpetrated, and national courts often fail to prosecute those of these crimes,

B. whereas a permanent impartial system of international criminal justice is needed to stop the current reign of impunity and help prevent future serious violations of international law,

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

D. whereas the UN General Assembly of 1996 has decided to hold a Diplomatic Conference in mid-1998 to create an International Criminal Court (ICC), and Italy has offered to host the conference,

E. whereas the PrepComs scheduled for December 1997 and March 1998 will be critical for a successful outcome on issues like state cooperation and compliance as well as criminal procedures and the definition of war crimes in internal armed conflict,

F. Welcoming the supportive statement by the Luxembourg Presidency made at the 6th committee on the UN General Assembly on 20 October 1997,

1. Calls on the Council and the Member States to reach a common position on all aspects of the Statute for the International Criminal Court, and to act in concert in the PrepComs and at the 52nd General Assembly of the UN to ensure that the Diplomatic Conference is completed in a successful way in Rome in 1998, without compromising on essential on essential points of principle;

2. Stresses that the court must be strong and independent, not subject to vetoes on the UN Security Council, and able to investigate cases and present indictments on its own initiatives and without prior consent of state parties;

3. Stresses that the statute of the court must provide for longterm and secure financing and that the EU must be involved in securing this;

4. Stresses that the commitment of an increasing number of NGOs present at the UN Preparatory Committees has made an important contribution to the negotiations, and calls on the Council and the Member States to do their utmost to ensure the participation, along the line of prior PrepCom involvement, of non-governmental organisations in the Diplomatic Conference in Rome in 1998;

5. 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 and the President of the United Nations General Assembly.