32 Amendments of Ana GOMES related to 2011/2109(INI)
Amendment 11 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes and Council Decision 2003/335/JHA of 8 May 2003 on the investigation and prosecution of genocide, crimes against humanity and war crimes,
Amendment 29 #
Motion for a resolution
Recital E
Recital E
E. whereas the ICC can only prosecute crimes committed on or after 1 July 2002, the date when the Rome Statute entered into forcehas jurisdiction over crimes committed after the entry into force of the Rome Statute on 1 July 2002,
Amendment 35 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas EU Member States should never be safe havens for perpetrators of crimes under international law which, in some instances, requires states to exercise universal jurisdiction over such crimes,
Amendment 40 #
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 (DRC), the Darfur region of Sudan, Central African Republic, Kenya and Libya), and the ICC prosecutor has recently requested the opening of an eighth investigation in Côte d'Ivoire,
Amendment 43 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the ICC prosecutor has recently requested the opening of a seventh investigation in Côte d’Ivoire and has publicly announced that it is analyzing information and looking into alleged crimes committed in several situations to determine whether to open new investigations, including Afghanistan, Colombia, Georgia, Guinea, Honduras, Republic of Korea, Nigeria, and Palestine,
Amendment 49 #
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 70 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the first Review Conference of the Rome Statute, held in Kampala, from 31 May to 11 June 2010 was a momentous event for States Parties, as well as non-State Parties, international organisations, parliamentarians, civil society and other stakeholders, which strongly reaffirmed their commitment to justice and accountability and was a crucial step in the further development of the Court thanks to substantive discussions on the key current challenges it is facing;
Amendment 78 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underscores the importance of the stocktaking segment devoted to the assessment of the impact and challenges encountered by the Rome Statute system since its creation; welcomes the meaningful engagement and discussions in the four areas of examination: complementarity; cooperation; the impact of the Rome Statute system on victims and affected communities; peace and justice; and suggests that States and the Court maintain a focus on such topics;
Amendment 89 #
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; 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 legislation; Criminal Court (APIC);
Amendment 92 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that full and prompt cooperation between the EU, States parties and the Court remains essential to the effectiveness and success of the international criminal justice system; calls on the EU and its Member States to comply with all the requests by the Court to provide assistance and cooperation in a timely manner, to ensure, inter alia, the execution of the pending arrest warrants, regardless of the status of the person named in the warrant, and the provision of information, including those aimed at helping to identify, freeze, and seize financial assets of the suspects;
Amendment 113 #
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 preventing either travelo arrest ofr such an individual, such invitations having been issued recently by Chad, China, Djibouti, Kenya and Malaysia, among otherspport an arrest operation or, at a minimum, to prevent the travel of such an individual;
Amendment 115 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses its deep concernStrongly condemns 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 118 #
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; 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 129 #
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;
Amendment 133 #
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 140 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises the role of the EU in promoting the universality of the Rome Statute and of the Agreement on Privileges and Immunities of the Court (APIC) and welcomes the recent accessions to/ratifications of the Rome Statute by the Philippines, Tunisia, and Graenada, Moldova, St Lucia and the Seychelles, which brought the total number of States Parties to 1167;
Amendment 147 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recommends that the EU, and particularly the EEAS, continue to promote the universality of the Rome Statute and the fight against impunityof the APIC, as well as respect for, cooperation with and assistance tof the Court in its relations with third 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 156 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the participation of the United States as an observer at the Assembly of States Parties of the ICC and expresses the hope that it will soon become a State Party; calls on the US administration to further engage with the Court, including by fully cooperating in all situations which are the subject of an ICC investigation or preliminary analysis, including providing any relevant information to the Court and by completing a comprehensive policy towards the ICC;
Amendment 160 #
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; further welcomes the recent ratification of the Rome Statute by the Philippines thus increasing the number Asian States in the Court’s system, and the recent bill by the National Assembly of Cape Verde authorising ratification of the Rome Statute, hoping its Government will proceed accordingly without delay;
Amendment 167 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that the effectiveness of the principle of complementarity of the Court lays in the primary obligation of States Parties to investigate and prosecute war crimes, genocide and crimes against humanity; expresses concern that not all of the EU Member States have legislation defining these crimes under national law over which their courts can exercise jurisdiction;
Amendment 168 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Urges those States that have not yet done so to enact full and effective implementing legislation in transparent consultation with civil society, and to endow their national judiciaries with the necessary tools to investigate and prosecute these crimes;
Amendment 169 #
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Calls on the EU and Member states to support the capacity and the political willingness of third states - in particular in ICC situation countries or under analysis - 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 178 #
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 183 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Advises the EEAS to ensure that the ICC is mainstreamed across EU foreign policy priorities, in particular by systematically taking into account the fight against impunity and the principle of complementarity in the broader context of development and rule of law assistance;
Amendment 186 #
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 international justice and ICC issues, establishing a staff exchange programme with the ICC in order to promote mutual institutional knowledge and facilitate further cooperation;
Amendment 194 #
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Stresses that States Parties should provide the Court with sufficient resources to effectively fulfil its judicial mandate and to deliver justice in a robust, fair, effective and meaningful manner;
Amendment 202 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Expresses concern that some States have stated that they will not agree with an increase of the Court’s budget (in 2012) despite the widespread and rampant impunity for international crimes around the world and a consequent increase in the Court’s activities;
Amendment 203 #
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Regrets that the lack of resources have been stated as a reason for the Court’s inability to ensure victims’ adequate and effective representative participation during ICC proceedings, in particular the inability of the Court’s Registry to process victims’ applications in time to allow for their participation in crucial hearings before the Court and the lack of meaningful consultation with victims on their choice of common legal representatives;
Amendment 204 #
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29c. Stresses the significant impact of the Rome Statute system on victims, individuals and communities affected by the crimes under the Court’s jurisdiction; considers the Court’s outreach efforts crucial to promote understanding and support for its mandate, to manage expectations and to enable victims and affected communities to follow and understand the international criminal justice process and the work of the Court;
Amendment 206 #
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 213 #
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), andretain 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; further encourages the EU Member States and existing European foundations to increase their funding for such actors;
Amendment 221 #
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Recalls that the European Parliament has been one of the earliest vocal supporters of the Court and notes its essential role in monitoring the EU action in this matter; calls for the insertion of a section on the fight against impunity and the ICC in the EP Annual Report on Human Rights in the world and further suggests that the European Parliament undertakes an increased proactive role, by promoting and mainstreaming the fight against impunity and the ICC in all EU policies and institutions, including in all the committees, groups and delegations with third countries;