47 Amendments of Nadezhda NEYNSKY related to 2011/2109(INI)
Amendment 1 #
Motion for a resolution
Citation 2
Citation 2
– having regard to the Convention on the Prevention and Punishment of the Crime of Genocide that entered into force on 12 January 1951,
Amendment 3 #
Motion for a resolution
Citation 5
Citation 5
– having regard to the Council Common Position 2003/444/CFSP of 16 June 2003 on the International Criminal Court7 ,
Amendment 5 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Agreement between the International Criminal Court and the European Union on cooperation and assistance1, __________________ 1 OJ L 115, 28.4.2006, p.50
Amendment 6 #
Motion for a resolution
Citation 9
Citation 9
– having regard to the Stockholm Programme 2010-2014 entitled ‘An Open and Secure Europe Serving and Protecting Citizens’ (December 2009)10 and the Action Plan implementing the Stockholm Programme (April 2010)11, __________________ 10 OJ C 115, 4.5.2010, p. 4. 11 COM (2010) 171 final
Amendment 9 #
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to 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,2 and Council Decision 2003/335/JHA of 8 May 2003 on the investigation and prosecution of genocide, crimes against humanity and war crimes3, __________________ 2 OJ 167 of 26.6.2002, p. 1 3 OJ L 118 of 14.5.2003, p.12
Amendment 10 #
Motion for a resolution
Citation 10
Citation 10
– having regard to the relevant UN Security Council rResolutions, in particular the Sudan/Darfur 1593 (2005) and Libya 1593 (2005) on Sudan/Darfur and Resolution 1970 (2011) referralson Libya,
Amendment 15 #
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas as of September 2011 117 states have ratified the Rome Statute; nevertheless achieving its universal ratification should remain a primary objective,
Amendment 21 #
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, war crimes and the crime of aggression, thus making a decisive contribution to the upholding of human rights, to international law and to the fight against impunity, and playing a crucial deterrent role and sending a clear signal that impunity for crimes against humanity, genocide and warthese crimes will not be tolerated,
Amendment 37 #
Motion for a resolution
Recital G
Recital G
G. whereas the ICC is currently conducting investigations in seven 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 eighth investigation in Côte d'Ivoire, and has publicly announced that he is analyzing information regarding alleged crimes committed in several other situations,
Amendment 47 #
Motion for a resolution
Recital H
Recital H
H. whereas a large number of the 18 ICC arrest warrants are still pending, including those against the Sudanese President al- Bashir and the Libyan leader Muammar Gaddafi,
Amendment 51 #
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 manner, including through participation, protection, legal representation and outreach activities,
Amendment 54 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the system of reparations for the victims of the crimes within the competences of the Court makes the ICC a unique judicial institution on the international level,
Amendment 55 #
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the success of the reparation proceedings starting in 2011 depends on the voluntary contributions by donors, as well as on the collection of fines and forfeiture from the convicted persons,
Amendment 56 #
Motion for a resolution
Recital K
Recital K
K. whereas the Court is currently forced 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 decreased, and the Court is increasingly subjected to unfair, politically motivated attacks,
Amendment 58 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the ICC is a judicial, not a political, institution but is unfortunately increasingly subjected to unfair, politically motivated attacks,
Amendment 61 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the fight against impunity can only succeed when all state-parties cooperate fully with the ICC, and when non-parties also provide assistance to the judicial institution,
Amendment 62 #
Motion for a resolution
Subheading 1
Subheading 1
Amendment 66 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Urges parties and non-parties to the Rome Statute to refrain from exercising political pressure on the Court in order to preserve and guarantee its impartiality and to allow for justice based on law, not political consideration, to take place;
Amendment 73 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Follow-up on the Kampala conference (New heading)
Amendment 74 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
Amendment 75 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. RecommendsWelcomes the fact that the EU and itsmost Member States fulfil allmade specific pledges made at the Kampala Review Cconference of 31 May-11 June 2010, and recommends that the fulfilment of these pledges is in a timely manner and is reported 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 77 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the adoption of amendments to the Rome Statute, including on the crime of aggression, and calls on all EU Member States to ratify them and integrate them into their national legislation;
Amendment 79 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Cooperation between the European Union and its Member States and the International Criminal Court (New heading)
Amendment 86 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that full and prompt cooperation between state-parties, including EU Member States, and the Court remains essential to the effectiveness and success of the international criminal justice system;
Amendment 87 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the EU and its Member States to comply with all requests by the Court to provide assistance and cooperation in a timely manner to ensure, inter alia, the execution of pending arrest warrants and the provision of information, including requests aimed at helping to identify, freeze and seize the financial assets of suspects;
Amendment 90 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls additionally on 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 sentences) and fully integrate the Rome Statute into national legislationprovide full support and cooperation with the ICC on, inter alia, matters of investigation, collecting evidence, finding, protecting and re- allocating witnesses, arresting, extraditing, holding in custody and hosting indicted persons when released on bail, imprisoning sentenced persons; calls on Member States to mutually cooperate through their police, judicial and other relevant mechanisms to ensure adequate support for the ICC;
Amendment 91 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages EU Member States to amend Article 83 of the Treaty of the Functioning of the European Union to include the crimes under the jurisdiction of the ICC to the list of crimes for which the EU has competences; more specifically, urges EU Member States to transfer competences to the EU in the area of identification and confiscation of assets of indicted by the ICC persons, notwithstanding the fact that judicial proceedings are initiated by the ICC; calls on EU Member States to cooperate in exchanging relevant information through the existing Asset Recovery Offices as well as through the Camden Asset Recovery Inter-Agency Network (CARIN);
Amendment 93 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Urges EU Member States to fully integrate the provisions of the Rome Statute and the Agreement on Privileges and Immunities of the Court into their national legislation;
Amendment 94 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 104 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the European Union and its Member States to ensure the existence of training programmes for, but not limited to, police investigators, prosecutors, judges, army officials that focus, first, on the provisions of the Rome Statute and the relevant international law and, second, on the prevention, detection, investigation and prosecution of violations of these principles;
Amendment 108 #
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;
Amendment 127 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Urges the EU and its Member States to mainstream the work of the ICC and the provisions of the Rome Statute in its rule of law development programmes; calls on the EU and its Member States to provide the necessary technical, logistical and financial assistance and expertise to developing countries that have limited resources to adapt their national legislation to the principles of the Rome Statute and to cooperate with the ICC, no matter whether these countries have ratified or not the Statute; further encourages the EU and its Member States to support training programmes for the police, judicial, military and administrative authorities of developing countries introducing them to the provisions of the Rome Statute;
Amendment 131 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. The universality of the Rome Statute (New heading)
Amendment 139 #
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, Granada, Moldova, St Lucia and the Seychelles, which brought the total number of States Parties to 1167; calls on more Asian, North African, Middle Eastern and Sub-Saharan countries to become parties to the Rome Statute;
Amendment 151 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the EU leaders to liaise with the key states that have not yet become party to the Rome Statute, 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 158 #
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 162 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Encourages Turkey, the only official EU candidate who has not yet done so, to become a State Party to the Rome Statute and to the Agreement on Privileges and Immunities (APIC) as soon as possible, stressing the need for any future candidate countries and the partner countries covered by the European Neighbourhood Policy (ENP) to do the same;
Amendment 170 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reaffirms the need for the EU and its Member States to enhance their diplomatic efforts among non-parties to the Rome Statute and regional organizations (e.g. AU, ASEAN, and the Arab League) to promote a better understanding of the mandate of the ICC, i.e. the pursuit of perpetrators of war crimes, crimes against humanity, and genocide, including through the development of a special communication strategy for that matter;
Amendment 173 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Affirms the crucial role of the EU Member States' diplomatic support for the ICC's mandate and for its activities in UN fora, including in the UN General Assembly and the UN Security Council;
Amendment 175 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the need for continued diplomatic efforts to encourage UN Security Council members to ensure the timely referral of cases, as postulated in Article 13 (b) of the Rome Statute and as most recently illustrated by the unanimous referral of the situation in Libya to the ICC by the UN Security Council; also expressed its hope that the UN Security Council will refrain from deferring investigations or prosecutions of the Court as postulated in Article 16 of the Rome Statute;
Amendment 176 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the UN Security Council's members to find a way for the UN to provide the Court with financial resources, in particular to cover costs related to the opening of investigations into situations referred by the UN Security Council; in accordance with Article 115 of the Rome Statute;
Amendment 188 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Elections of judges and a Chief Prosecutor (New heading)
Amendment 192 #
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Welcomes the establishment of an advisory committee to receive and review all nominations of new judges as well as the establishment of a search committee for the ICC Prosecutor, and expresses its opinion that the work of the two committees should not be influenced by political considerations;
Amendment 196 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the EU's and Member States' financial and logistical support for the ICC thus far and recommends that current forms of support (including the visiting professionals and internship programmes)11 are continued and expanded further, either through the regular budget of the ICC funded by state-parties contributions or through the European Instrument for Democracy and Human Rights (EIDHR) funded by the EU budget, are continued, especially in the following fields: outreach activities aimed at helping victims and affected communities; legal representation; witness relocation; the participation and protection of victims/witnesses, 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; maintaining the visiting professionals and internship programmes in the Court; further developing and supporting the legal tools computer products; keeping the funding for an annual seminar and training session for ICC defence lawyers; assisting NGOs, including the Coalition for the ICC, Parliamentarians for Global Action and others, particularly those from ICC situation countries;
Amendment 200 #
Motion for a resolution
Paragraph 29 – footnote
Paragraph 29 – footnote
Amendment 210 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recommends that the EU and itsEU Member States increascontinue their contributionsfinancial support to the ICC Trust Fund for the Victims and to the Witness Relocation Fund;
Amendment 212 #
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), and encourages the EU Member States and existing European foundations to increaspreserve their fundingsupport for such actors;