Activities of Enrique GUERRERO SALOM related to 2016/2239(INI)
Shadow reports (1)
REPORT on addressing human rights violations in the context of war crimes, and crimes against humanity, including genocide PDF (481 KB) DOC (79 KB)
Amendments (30)
Amendment 13 #
Motion for a resolution
Recital A
Recital A
A. whereas genocide, crimes against humanity and war crimes, also known as ‘atrocity crimes’, are the most serious crimes against humankinda reason of concern for the entire international community;
Amendment 16 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the Kampala amendments to the Rome Statute on the crime of aggression, added in 2010, have been ratified by 32 States, reaching the 30 acceptances required for its activation and opening the possibility for the Assembly of States Parties to adopt, after January 1st 2017, the activation of the Court's treaty- based aggression-related jurisdiction;
Amendment 21 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the international community and the European Union have an obligation to take in refugees who have been the victims of atrocity crimes or are seeking to escape them;
Amendment 24 #
Motion for a resolution
Recital D
Recital D
D. whereas universal accession to the Rome Statute is essential for the full effectiveness of the ICC; whereas 124 countries, including all EU Member States, are States Parties tohave ratified the Rome Statute of the ICC;
Amendment 26 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the African Union (AU) on 31 January 2017 adopted a non- binding resolution including an ICC Withdrawal Strategy and calling on AU member states to consider implementing its recommendations;
Amendment 28 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the ICC is currently conducting ten investigations in nine countries (Georgia, Mali, Côte d'Ivoire, Libya, Kenya, Darfur (Sudan), Uganda, Democratic Republic of the Congo and two investigation in the Central African Republic);
Amendment 29 #
Motion for a resolution
Recital E
Recital E
E. whereas, in accordance with the Preamble to the Rome Statute, as well as with the principle of complementarity, the ICC only acts in instances where national courts are unable or unwilling to hold trialinvestigate or prosecute atrocity crimes, so that States Parties retain the primary responsibility for investigating and prosecuting atrocitysuch crimes;
Amendment 43 #
Motion for a resolution
Recital I
Recital I
I. whereas several reports by UN bodies, including by the Special Adviser of the UN Secretary-General on the Prevention of Genocide, the Special Adviser of the UN Secretary-General on the Responsibility to Protect and the Office of the UN High Commissioner for Human Rights, and reports from reputable non- governmental organisations have stated that acts committed by so-called ‘ISIS/Daesh’ may constitute atrocity crimes;
Amendment 58 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the EU and its Member States to support the reform of the UN which would lead to a more effective protection of Human rights in war times. In particular, calls on the EU to support a quick reform of the functioning of the UN Security Council notably on the use of the right of veto; in this context requests to support the proposal initiated by France to refrain from the right of veto when evidence of genocide, war crimes, ethnic cleansing and crimes against humanity occur;
Amendment 59 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. welcomes the meeting on 6 July 2016, between EU and ICC representatives in Brussels for the 2nd EU-ICC Roundtable meeting set up to allow relevant staff at the ICC and in the European Institutions to identify common areas of interest, exchange information on relevant activities and ensure better co- operation between the two organisations;
Amendment 70 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the international community to establish instruments that can minimize the warning-response gap in order to prevent the emergence, re- emergence and escalation of violent conflict such as the EU´s early warning system.
Amendment 72 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the EU to step up its efforts to develop a coherent and efficient approach to identifying and responding to crisis or conflict situations that might lead to an atrocity crime being committed; underlines, in particular, the importance of exchanging information and coordinating preventive actions between EU institutions, including EU delegations, common security and defence policy (CSDP) missions and operations and Member States, together with their diplomatic representations; and, therefore, welcomes the new initiative of the White Paper by the European Commission which would lead to a more effective external action of the EU
Amendment 81 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Encourages the EU Member States to continue their financial support for the ICC either as State Parties' contributions or through EU funding such as the European Instrument for Democracy and Human Rights (EIDHR) with a particular attention in funding for civil society actors working on ICC- related issues; expresses its concern that the lack of resources remains an impediment to the optimal functioning of the Court;
Amendment 86 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Welcomes the efforts of the EU Member States and the EEAS to find the best use for the EU financial instruments, in particular the European Development Fund (EDF) and encourages the EU and its Member States to further increase their effort in support of the ICC through their development programmes aimed at strengthening the rule of law;
Amendment 90 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Reaffirms that maintaining the independence of the ICC is crucial not only to ensure that it is fully effective, but also to promote the universality of the Rome Statute;
Amendment 92 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reaffirms the paramount importance of universal adherence to the Rome Statute of the ICC; calls on the states which have not yet done so to ratify the Rome Statute and the Agreement on Privileges and Immunities of the Court in order to support accountability and reconciliation, which are key elements in preventing future atrocities; reaffirms, equally, the crucial importance of the integrity of the Rome Statute;
Amendment 95 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls the Assembly of States Parties to adopt the Kampala amendments on the crime of aggression;
Amendment 97 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with regret the recent announcements of withdrawals from the Rome Statute, of Burundi, The Gambia and South Africa, which represent a challenge in terms of victims’ access to justice; calls on the countries concerned to reconsider their decision; welcomes the fact that one of theseThe Gambia and South Africa hasve already retracted itstheir withdrawal notification;
Amendment 102 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes with regret that four signatory states (Israel, Russia, Sudan, and the United States) have informed the UN Secretary General that they no longer intend to become parties to the Rome Statute;
Amendment 103 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Welcomes that the ICC's Assembly of State Parties responded in November 2016 by agreeing to consider proposed amendments to the Rome Statute to address the AU's concerns raised during the special summit of the African Union;
Amendment 105 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls, furthermore, on all ICC State Parties to step up their efforts to promote universal accession to the ICC and the Agreement on Privileges and Immunities of the Court; considers that the Commission and the European External Action Service (EEAS) should continue to encourage third countries to ratify and implement the Rome Statute and the Agreement on Privileges and Immunities of the Court and conduct an assessment of the EU’s achievements in this regard;
Amendment 112 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Strongly encourages the EU and its Member States to use all the diplomatic tools at their disposal to support effective cooperation with the ICC, including in relation to the execution of pending arrest warrants and with a particular regard to the 13 suspects who are at large as fugitives; calls on the Commission, the EEAS and the Council to agree on the adoption of concrete measures for responding to non-cooperation with the ICC that could complement political statements;
Amendment 115 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the EEAS to ensure that the ICC is mainstreamed across the EU's foreign policy priorities, by systematically taking into account the fight against impunity;
Amendment 120 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Encourages the EU Member States to amend Article 83 of the Treaty of the Functioning of the European Union to add the "atrocity crimes" to the list of crimes for which the EU has competences;
Amendment 124 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the EU and its Member States to engage with third countries – in particular countries with situations under investigation by the ICC and countries under preliminary examination by the ICC – in order to bolster their political will and to support their capacity to launch national proceedings on atrocity crimes; and to offer them full support to those countries in order to help them comply with the ICC requirements;
Amendment 132 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Highlights the essential role of the European Parliament in monitoring EU action in this matter; Welcomes the insertion of a section on the fight against impunity and the ICC in the EP Annual Report on Human Rights and democracy in the world and further suggests that the European Parliament plays a more proactive role by promoting and mainstreaming the fight against impunity and the ICC in all EU policies and institutions, in particular in the work of the European Parliament's committees responsible for External Policies of the Union and the European Parliament's delegations with third countries;
Amendment 158 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that international criminal law and particularly the mandate and jurisprudence of the international criminal courts and tribunals have clearly defined the responsibility of non- state actors in international crimes;
Amendment 163 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reaffirms, in this context, its strong condemnation of the heinous crimes and human rights violations committed by Boko Haram in Nigeria and ‘ISIS/Daesh’ in Syria and Iraq, including killings, torture, rape, sexual slavery, forced religious conversions and the systematic murder of religious minorities and crimes against children, including conscription, enlistment or use of children to participate actively in hostilities; believes that the prosecution of the perpetrators should be a priority for the international community;
Amendment 187 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the Commission of Inquiry on Syria set up by the Human Rights Council and the International, Impartial and Independent Mechanism (IIIM) set up by the UN General Assembly, and; calls on all EU Member States, all parties to the conflict in Syria, civil society and the UN system as a whole to cooperate fully with the IIIM and to provide it with any information and documentation they might possess to assist in the delivery of its mandate; thanks EU Member States who have contributed financially to the IIIM and calls on those who have not to do so as a matter of urgency;
Amendment 194 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the EUʼs efforts to support the work of the Commission for International Justice and Accountabilityorganisations documenting atrocity crimes in Iraq and Syria; calls for the EU to give direct support to Iraqi and Syrian civil society in gathering, preserving and protecting evidence of crimes committed by ‘ISIS/Daesh’any side to the Syrian conflict; supports the United KingdomBritish and Belgian initiative at UN level to gather evidence of the crimes committed by ‘ISIS/Daesh’ in Syria and Iraq in order to facilitate its prosecution internationally;