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Resolution 1644 (2009)
Co-operation with the International Criminal Court (ICC) and its universality
1. Recalling
its Resolutions 1300
(2002) and 1336 (2003), the Parliamentary Assembly reiterates
its firm commitment to the International Criminal Court (ICC). The
ICC is the first ever permanent independent judicial institution
with jurisdiction over individuals accused of genocide, crimes against
humanity and war crimes. The ICC is based on complementarity, seeking
to empower states to investigate and prosecute such crimes, assuming
jurisdiction only as a last resort.
2. Recalling Recommendation
1408 (1999) on the International Criminal Court, the Assembly reiterates
its belief that the universal ratification of the Rome Statute and
its effective implementation into domestic systems, as well as close
co-operation by states parties and other states in providing practical
and judicial assistance to the ICC, are of key importance for the
fight against impunity.
3. The Assembly welcomes the fact that, since its adoption in
1998, the Rome Statute of the ICC has been ratified by 108 states
across the world. Regrettably, eight Council of Europe member states
(Armenia, Azerbaijan, the Czech Republic, Moldova, Monaco, Russia,
Turkey and Ukraine), one Council of Europe observer state (the United
States) and one state with observer status with the Parliamentary
Assembly (Israel) have not yet ratified it.
4. The Assembly also recalls the importance of the Agreement
on the Privileges and Immunities of the International Criminal Court,
which is indispensable for the ICC’s independent operation. Regrettably,
to date, 14 Council of Europe member states have not ratified the
agreement, including seven countries which are states parties to
the Rome Statute (Bosnia and Herzegovina, Georgia, Malta, Poland,
San Marino, Spain and Switzerland).
5. The Assembly therefore urges those Council of Europe member
and observer states and Parliamentary Assembly observer states which
have not yet done so to:
5.1. sign
and ratify without further delay the Rome Statute and the Agreement
on the Privileges and Immunities of the ICC;
5.2. adopt effective national legislation to implement the
Rome Statute at the earliest opportunity and encourage third states
to do so;
5.3. protect the integrity of the Rome Statute as recommended
in Resolutions 1300 (2002) and 1336 (2003).
6. In addition, the Assembly recommends that Council of Europe
member and observer states and the Parliamentary Assembly observer
states:
6.1. fully co-operate with
the ICC in the fight against impunity for the most serious crimes
of international concern;
6.2. empower their judicial and law-enforcement authorities
in order to exercise the states’ primary jurisdiction over crimes
within the purview of the ICC;
6.3. make meaningful financial contributions to the ICC’s Trust
Fund for Victims;
6.4. incorporate in their legal orders relevant standards on
victims’ rights, without prejudice to existing higher standards
in some Council of Europe member and observer states and Parliamentary
Assembly observer states.
7. Furthermore, the Assembly urges the Secretary General of the
Council of Europe to take up a mediation role with two permanent
members of the Security Council of the United Nations, the United
States and Russia, in order to foster co-operation with the ICC
and to take away obstacles in domestic laws for such co-operation, for
example the 2002 “American Servicemen Protection Act” and international
agreements such as bilateral immunity agreements, to ultimately
be able to ratify the Rome Statute.
8. The Assembly welcomes the referral of situations, such as
the situation in Darfur, by the United Nations Security Council
to the ICC. It calls upon the United Nations Security Council to
fulfil its responsibilities to implement the decisions and orders
of the court and to make financial contributions as provided for
by the Rome Statute.