Doc. 9786

10 April 2003

Threats to the International Criminal Court

Motion for a resolution

presented by Mr Marty and others

The Parliamentary Assembly recalls its Resolution 1300 (2002), which refers to the risks for the integrity of the Statute of the International Criminal court posed by bilateral agreements granting immunity.

It welcomes the coming into operation of the Court, whose importance cannot be underestimated in the current international situation.

However, it continues to be concerned that certain Council of Europe member states and observer states have still not acceded to the Rome Statute of the International Criminal Court or have not yet ratified it and by the current United States campaign to conclude bilateral agreements granting immunity.

It regrets the adoption on 12 July 2002 of Security Council Resolution 1422, which defers for 12 months (renewable) any prosecution by the International Criminal Court of nationals of states that are not parties to the Statute who are suspected of offences committed in connection with a United Nations authorised operation.

The Assembly therefore,

- renews its appeal to Council of Europe member and observer countries, where appropriate, to accede to and ratify the Rome Statute of the International Criminal Court;

- opposes the renewal of Security Council Resolution 1422, which restricts the jurisdiction of the International Criminal Court to prosecute certain offences committed in connection with United Nations authorised operations.

Signed (see overleaf)

Signed ¹:

Marty, Switzerland, LDR

Bruce, United Kingdom, LDR

Cilevičs, Latvia, SOC

Clerfayt, Belgium, LDR

Gentil, Switzerland, SOC

Gross, Switzerland, SOC

Kucheida, France, SOC

Laakso, Finland, UEL

McNamara, United Kingdom, SOC

Pourgourides, Cyprus, EPP/CD

Vermot-Mangold, Switzerland, SOC

Wohlwend, Liechtenstein, EPP/CD

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group