Leden Europarlement vragen om universele bekrachtiging Statuut van Rome (en)
Ahead of the International Criminal Court Review Conference in Kampala, which will amend the Rome Statute and reflect on the Court's progress, MEPs called in a resolution adopted on Wednesday for all countries in the world to sign and ratify the Statute. They also urged EU Member States to participate in Kampala at the highest political level, to show their commitment to the Court.
Almost 10 years after the establishment of the International Criminal Court (ICC), the first Review Conference will take place in Kampala (Uganda) from 31 May to 11 June. It will evaluate the effectiveness and challenges that lie ahead of the ICC, which remains the only independent court for ensuring that genocide, war crimes or crimes against humanity do not go unpunished.
A delegation of MEPs representing several EP committees is planning to attend the conference between 31 May and 2 June in Kampala.
Defining crime of aggression
One of the main items on the conference agenda is a definition of "crimes of aggression". MEPs "firmly support" the proposed definition, which describes such a crime as "the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations".
Deleting article 124
The EP resolution calls for the "prompt deletion from the Rome Statute of article 124 on ‘transitional provision’, which allows states to choose not to have their nationals subject to the Court’s jurisdiction over war crimes for a seven-year period after ratification. "In this way the law is applied equally to all suspects of alleged war crimes", say MEPS.
Protection of victims
MEPs are concerned about the impact of the Rome Statute system on victims, individuals and communities affected by the crimes under the ICC’s jurisdiction and therefore say that "victims’ rights and interests should be a primary concern for the Rome Statute community".
In this context, Member States should:
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-actively cooperate when a person is subject to an ICC arrest warrant on EU territory, to facilitate the transfer of the person to the ICC for judgment;
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-ensure that victims, as well as their lawyers, benefit from adequate legal assistance and protection;
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-announce during the Kampala conference a substantial financial contribution to the Trust Fund for Victims.
No new immunity agreements
"No immunity agreement should allow impunity of any individual accused of war crimes, crimes against humanity or genocide" say MEPs, who also "welcome the announcement of the US administration that no new immunity agreements will be concluded and call on the USA and its partners to abandon the existing ones".
Last but not least, MEPs highlight the importance of the choice of an African country, Uganda, to host this Review Conference, and express support for the Court’s request to open a liaison office to the African Union in Addis Ababa, Ethiopia.
Background
Of the 139 countries that signed the Rome Statute, 111 countries have so far ratified it, including all 27 EU Member States. Over these 10 years, the EU has provided more than €40 million under the EIDHR (European Instrument for Democracy and Human Rights) for projects aimed at supporting the ICC and international criminal justice.
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