Amendment No. 11 | Doc. 14402 | 11 October 2017

Prosecuting and punishing the crimes against humanity or even possible genocide committed by Daesh

Signatories: Ms Susanne EBERLE-STRUB, Liechtenstein, ALDE ; Mr Roland Rino BÜCHEL, Switzerland, ALDE ; Ms Doris FIALA, Switzerland, ALDE ; Mr Thomas MÜLLER, Switzerland, ALDE ; Mr Christoph WENAWESER, Liechtenstein, ALDE

Origin - 2017 - Fourth part-session

In the draft resolution, paragraph 5, in the second sentence, delete the words "and the ICC Prosecutor has declined to open an investigation in relation to offences that may have been committed by nationals of a State Party to the Rome Statute of the ICC".

Explanatory note

The statement that the prosecutor refused to initiate an investigation falsely gives the impression that the ICC could have initiated investigations but has not done so. This is not legally correct and leads to a problematic perception of the ICC. The Court simply has no jurisdiction.