44 Amendments of Laima Liucija ANDRIKIENĖ related to 2011/2109(INI)
Amendment 18 #
Motion for a resolution
Recital C
Recital C
C. whereas justice should be seen as an indispensable element underpinning peacekeeping and conflict mitigaresolution efforts,
Amendment 20 #
Motion for a resolution
Recital D
Recital D
D. whereas the Rome Statute of the ICC makesICC is the first permanent international judicial body capable of trying individuals for genocide, crimes against humanity and war crimes making a decisive contribution to the upholding of human rights, to international law and to the fight against impunity, and playing a crucial deterrenting role and sending a clear signal that impunity for crimes against humanity, genocide and warthese crimes will not be tolerated,
Amendment 30 #
Motion for a resolution
Recital E
Recital E
E. whereas the ICC can only prosecutehas jurisdiction over crimes committed on or after 1 July 2002, the date when the Rome Statute entered into forcethe entry into force of the Rome Statute on 1 July 2002,
Amendment 32 #
Motion for a resolution
Recital F
Recital F
F. whereas the ICC only acts in instin accordances where national courts are unable or unwillith the Preamble of the Rome Statute, states parties retaing to hold credible trials at hohe primary responsibility to prosecute war crimes, these instances making international courts essential for holding perpetrators of the worst international crimes to accountcrimes against humanity and genocide; and the Court will act only when national courts are unable or unwilling genuinely to do so,
Amendment 36 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas Member States of the EU should never be safe havens for perpetrators of crimes under international law and international law permits and, in some instances, requires states to exercise universal jurisdiction over such crimes,
Amendment 41 #
Motion for a resolution
Recital G
Recital G
G. whereas the ICC is currently conducting investigations in sevenix countries (Uganda, Democratic Republic of the Congo, the Darfur region of Sudan, Central African Republic, Kenya and Libya), and the ICC prosecutor has recently requested the opening of an eighseventh investigation in Côte d'’Ivoire,
Amendment 45 #
Motion for a resolution
Recital H
Recital H
H. whereas a large number of ICC arrest warrants are still pending, including those against the Sudanese President al-Bashir and the Libyan leader Muammar Gaddafi, the majority of arrest warrants issued by the ICC have not yet been implemented, including those against Joseph Kony and other leaders of the Lord’s resistance army in respect of the situation in Northern Uganda, Bosco Ntaganda in the DRC, Ahmad Muhammad Harun, Ali Muhammad Ali Abd-Al-Rahman and President Omar Hassan Ahmad Al Bashir of Sudan, Muammar Mohammed Abu Minyar Gaddafi, Saif al-Islam Gaddafi and Abdullah Al-Senussi in Libya,
Amendment 50 #
Motion for a resolution
Recital J
Recital J
J. whereas the Court'’s aim is to deliver justice for victims and affected communities in a comprehensive and reparative manner, including through participation, protection, legal representation and outreach activities,
Amendment 57 #
Motion for a resolution
Recital K
Recital K
K. whereas the Court is currently forcedcalled upon to deal with a rapidly increasing number of investigations, cases and preliminary examinations, while the annual budget is incommensurate with needs, remains unchanged and may even be decsome States Parties of the Rome Statute area sed, and the Court is increasingly subjected to unfair, politically motivated attackseking to hold the Court to the same or even a decreased budget,
Amendment 59 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the first Review Conference on the Rome Statute of the ICC, which took place in Kampala, Uganda from 31 May to 11 June 2010, was a critical milestone in the evolution of the Rome Statute system,
Amendment 63 #
Motion for a resolution
Subheading 1
Subheading 1
The need to enhance support and cooperation for the Court through political and diplomatic action
Amendment 68 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the importance of the principle of universality, and calls on the EEAS, the EU Member States and the Commission to continue their vigorous efforts to promote universal ratification of the Rome Statute and the agreement on Privileges and Immunities of the International Criminal Court and national implementing legislation;
Amendment 76 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends thatUrges the EU and its Member States to fulfil all pledges made at the Kampala Review Conference of 31 May-11 June 2010 in a timely manner and report back on the implementation of the pledges at the next Assembly of States Parties, scheduled to take place on 12-21 December 2011 in New York;
Amendment 80 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the updatingreview of the EU Common Position on the ICC through the adoption of a decision on 21 March 2011; notes that the new decision takes into consideration the challenges faced by the Court and stresses that the decision provides a good basis for the EU and its Member States to assist the Court in tackling them; further welcomes the revised EU Action Plan agreed on 12 July 2011 to follow-up the Decision on the ICC which outlines effective and concrete measures to be taken by the EU with a view to deepening its future support for the Court;
Amendment 82 #
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 88 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls onUrges all the EU Member States to sign framework agreements with the ICC in order to facilitate adequate and timely cooperation with the Court (as regards replying to information requests, asset tracking, freezing and seizing requests and executing arrest warrants, as well as in the areas of witness protection, relocation and the enforcement of sentenchat have not yet done so to enact national legislation on cooperation and to conclude framework agreements with the ICC for the enforcement of the Court’s sentences, the protection and relocation of victims and witnesses, etc in order to facilitate adequate and timely cooperation with the Court and in this regard, urges Malta, as the last EU Member State that has not yet done so, to ratify the Agreement on Privileges) and fully integrate the Rome StatutImmunities of the iInto ernational legislationCriminal Court (APIC);
Amendment 96 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the adoption at the Kampala Review Conference of amendments to the Rome Statute relating toof important amendments to the Rome Statute at the Kampala Review Conference, including the inclusion of a definition of and jurisdictional conditions for the crime of aggression; and calls on all the EU Member States to ratify them and integrate them into their national legislation;
Amendment 101 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. RecommendWelcomes the contribution of some EU member states to the fight against impunity for the worst crimes known to humanity through the application of universal jurisdiction; encourages all EU member states to do the same; Underlines that the role of the EU Network of Contact Points for War Crimes, Crimes against Humanity and Genocide in facilitating cooperation between EU law enforcement authorities in the prosecution of serious crimes should continue to be strengthened;
Amendment 107 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly encourages the EU and its Member States, with the help of the EEAS, to put in place a set of internal guidelines, modelled on existing UN and ICC guidelines, outlining a code of conduct for contact between EU and Member State officials and persons wanted by the ICC, in particular when the latter still occupy official posts, regardless of their status and whether they are nationals of non- states parties to the Rome Statute;
Amendment 112 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Asks the EU and its Member States, in the event of a partner country issuing an invitation to or expressing a willingness to allow visits on their territories by an individual who is the subject of an ICC arrest warrant, to exert strong pressure on that country without delay, with a view to either to arrest or support an arrest operation or, at a minimum, to preventing the travel of such an individual,; Recently such invitations havinge been issued recentlyto Sudan's president Omar al-Bashir by Chad, China, Djibouti, Kenya and Malaysia, among others;
Amendment 116 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses its deep concern that ICC States Parties such as Chad, Djibouti and Kenya have recently welcomed Sudan'’s President al-Bashir ton their territories without arresting him and surrendering him to the Court, despite their clear legal obligation under the Rome Statute to arrest and surrender him;
Amendment 117 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the importance of a strong EU action to anticipate and avoid or condemn such instances of non- cooperation; and encourages the EU (and Member States) to set-up an internal protocol with concrete and standard actions enabling them to respond timely and consistently to instances of non- cooperation with the Court, when appropriate in coordination with mechanisms of other relevant institutions, including the Assembly of States Parties;
Amendment 120 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers support for the ICC on the part of African states to be an indispensible factor in facilitatingNotes that African States had a major role in creating the ICC and considers their support as indispensible for the Court'’s work and in determining its effectivenesseffective functioning and independence;
Amendment 123 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the African States Parties to the Rome Statute of the ICC to ensure an increase, rather than a decrease, show strong support for the Court during African Union (AU) support for the task of holding the world's worst offenders to accountmeetings and urges the AU to support justice for the gravest crimes to serve the victims of atrocities;
Amendment 128 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the EU and its Member States to continue the dialogue with the AU on these matters and to support African States Parties in continuing to abide by their obligations under the Rome Statute; Expresses support for the Court’s request to open a liaison office with the African Union in Addis Ababa;
Amendment 132 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Encourages the next ACP-EU Joint Parliamentary Assembly to discuss the fight against impunity in international development cooperation and relevant political dialogue, as advocated in several resolutions and in Article 11.6 of the revised Cotonou Agreement, with a view to mainstreaming the fight against impunity and the strengthening of the rule of law within existing development cooperation programmes and actions;
Amendment 135 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages the EEAS and the diplomatic services of the EU Member States to systematically monitor the impact of the diplomatic tools used by them both to raise support for the ICC and to promote wider ratification and implementation of the Rome Statute; notes that these tools include, inter alia, démarches, political declarations, statements, and ICC clauses in agreements with third countries, as well as political and human rights dialogues and that, as and when necessary,. Advises that appropriate action should be taken based on the results of such impact assessments;
Amendment 148 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recommends thatUrges the EU, and particularly the EEAS, to continue promoteing the universality of the Rome Statute and of the fight against impunityAPIC, as well as respect for, cooperation with and assistance tof the Court in its relations with 3rd countries, including within the framework of the Cotonou Agreement and of dialogues between the EU and regional organisations, particularlysuch as the AU, the Arab League and the Association of South Eeast Asian Nations (ASEAN);
Amendment 154 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the EU leaders to liaise with thto encourage key states that have not yet become pajoined the Courty to the Rome Statutedo so and engage with it , particularly those that are permanent members of the UN Security Council (i.e. Russia, China and the United States), to encourage them to do so;
Amendment 159 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes Tunisia'’s recent accession to the Rome Statute and hopes that this sends a positive signal to other North African and Middle Eastern countries, that they might follow suit; Welcomes the recent ratification of the Rome Statute by the Philippines thus increasing the number Asian States in the Court’s system; welcomes the recent bill by the National Assembly of Cape Verde authorising ratification of the Rome Statute and encourages its government to proceed accordingly without delay;
Amendment 166 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the EU and EU Member states to support the capacity and the political willingness of third states - in particular ICC situation countries and countries under preliminary analysis by the ICC - to undertake national proceedings on genocide, war crimes and crimes against humanity; in that framework calls on the EU and its Member States to support reform processes and national capacity-building efforts aimed at strengthening the independent judiciary, the law- enforcement sector and the penitentiary system in all countries directly affected by the alleged commission of serious international crimes;
Amendment 171 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reaffirms the need for the EU and its Member States to enhance their diplomatic efforts to promote a better understanding of the mandate of the ICC, i.e. the pursuit of perpetrators of war crimes, crimes against humanity, and genocideand foster greater support to the Court and its mandate, in particular in UN fora such as the UN Security Council;
Amendment 172 #
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 177 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the UN Security Council's members to find a way members and the UN General Assembly members to find appropriate ways and means for the UN to provide the Court with financial resources, in particular to cover the costs related to the opening of investigations and prosecutions into situations referred by the UN Security Council, as envisaged by the Rome Statute;
Amendment 180 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the EU Member States to ensure that coordination and cooperation with the ICC is included in the mandate of relevant regional EU Special Representatives (EUSRs), and recommends the creation of; calls on the High Representative to appoint an ‘EUSR foron International Justice’ post with the mandate to promote, mainstream and represent the EU’s commitment to the fight against impunity and the ICC across EU foreign policies;
Amendment 182 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. AdvisesCalls on the EEAS to ensure that the ICC is mainstreamed across all EU foreign policy priorities, in particular systematically take into account the fight against impunity and the principle of complementarity in the broader context of development and rule of law assistance as well as in relation to policies related to investigations and prosecutions to be conducted by EU Member States;
Amendment 185 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. SuggestAffirms that the EU should ensure that the EEAS has the necessary expertise and high-level capacity to make the ICC a real priority; Recommends that the EEAS ensure adequate staffing levels both in Brussels and within delegations of officials tasked with handling international justice issues, and that the EEAS and the European Commission develop further theirdevelop staff training on ICC issuesinternational justice and ICC issues, including EU and third-state cooperation with the Court, the interface between peace and justice, and the complementarity principle, establishing a staff exchange programme with the ICC in order to promote mutual institutional knowledge and facilitate further cooperation;
Amendment 190 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Encourages the EU Member States, iIn the context of the upcoming election of six new jJudges and a new pProsecutor, to take place at the December 2011 session of the Assembly of States Parties, to nominate andurges EU Member States to elect the most highly-qualified candidates through a fair, transparent and merit-based process, ensuring both geographic and gender balance, and notes that the election of a new prosecutor is of utmost importance to the effectiveness and legitimacy of the Court; to encourage States from regions that are benefitted by Minimum Voting Requirements (such as Group of Latin America and Caribbean Countries (GRULAC) to take advantage of this and nominate sufficient candidates, thus ensuring a balanced regional representation on the bench; notes that the election of a new prosecutor is of utmost importance to the effectiveness and legitimacy of the Court, and expresses appreciation for the work of the Search Committee established by the Bureau of the Assembly of States Parties;
Amendment 195 #
Motion for a resolution
Subheading 2
Subheading 2
The need to ensure further assist the Court financially and logistically assistance to the Court
Amendment 197 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the EU's financial and logisticEU individual member states financial support for the ICC thus far, and recommends that current forms of support (including the visitare preserved and further expanded, ing professionals and internship programmes)11 are continued and expanded further, especially in the following fields: outreach activities aimed at helping victims and affected communities; legal representation; witness relocation; the participation and protarticular to support the Court’s outreach efforts; the Court’s legal aid programme which ensures the preservation of the right to a fair and expeditious trial and the effective representation of victims; the participation and protection of victims and others at risks on account of their activities in relation with the Court (such as intermediaries), taking into special regard the needs of women and juvenile/child victims and other vulnerable victims; and to support the Court’s efforts to enhance its field presence and to provide the necessary resources to this end, recognising that a strong ICC field presence is crucial to promote understanding and support for its mandate, to manage expectation of victims/ws and to enable victims and affected communitniesses, with special consideration for the needs of women and juvenile/child victims; the provision of support enabling the Court to cover urgent operational needs stemming from new investigations to follow and understand the international criminal justice process and is essential for the Court to carry out its various functions (including investigations, reaching out to victims and affected communities, witness protection and facilitating victims' rights to participation and reparations) and to increase the Court’s impact and ability to leave a strong and positive legacy;
Amendment 208 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recommends that the EU and its Member States increase their contributions to the ICC Trust Fund for the Victims and to the Witness Relocation Fundensure adequate funding to the ICC Trust Fund for Victims (in order to complement potential upcoming reparation awards while continuing to carry out current assistance activities) and contribute to the newly established ICC Special Fund for relocations and to the Fund for family visits of detainees at the seat of the Court in The Hague;
Amendment 214 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Encourages the EU to secure adequate and stable funding for civil society actors working on ICC-related issues within the European Instrument for Democracy and Human Rights (EIDHR),retain and enhance the crucial assistance to international justice and the ICC via financial support to civil society actors and to relevant programmes of the Court through the European Instrument for Democracy and Human Rights (EIDHR); Calls for the EIDHR to be retained and strengthened when the next revision of the financial instruments is carried out, and calls for more resources to be assigned to it; and encourages the EU Member States and existing European foundations to increase their funding for such actors;
Amendment 218 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Encourages the EU Member States and the EEAS to start discussions relating to the review of current EU financial instruments, in particular the European Development Fund (EDF), with a view to examining how they could further contribute to supporting complementarity activities in beneficiary countries in order to boost the fight against impunity within these countries;
Amendment 220 #
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Welcomes the initiative of the Commission of organising a seminar for European and African civil society to discuss international justice in Pretoria in April 2011, takes notes of the recommendations from that meeting and calls on the Commission to continue to support such opportunities;