Doc. 10388

3 January 2005

The United States of America and international law

Motion for a recommendation

presented by Mr Lloyd and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1.       The United States of America, through its sheer military, economic and trade power, but also through its leading role as a democracy and protector of human rights, has great influence on the world order. The stability of the world order is therefore of tremendous importance to the nations in the world, including all Council of Europe member states.

2.       The Assembly is convinced that a stable world order can only be brought about through the worldwide respect of international law and that this requires the full backing and co-operation of the United States of America.

3.       It takes note of the fact that the United States of America, in contradiction with its leading position, has in quite a few instances, refused to take part in international agreements which contribute essentially to the development of international law and humanitarian protection.

4.       The Assembly therefore calls upon the United States of America to change its policy concerning the applicability of some essential instruments of international law, which promote humanitarian protection and the rule of law.

5.       Therefore, the Assembly urges the government of the United States to:

-       abide by International Court of Justice decisions concerning it;

-       reverse their position with regard to the International Criminal Court (ICC) in particular by refraining from entering into bilateral immunity agreements;

-       stop overpressuring states which have given the ICC their active support;

-       withdraw its reservations concerning the International Covenant on Civil and Political Rights and the United Nations Convention against Torture;

-       observe the Geneva Conventions applying to prisoners at Guantanamo Bay and in Afghanistan and in Iraq;

-       accede to human-rights instruments of the Organisation of American States;

-       accede as speedily as possible to the Council of Europe legal instruments to which it is allowed to be a party.

-       sign and/or ratify the following treaties:

a. the Convention on the prohibition of the use, stockpiling, production and transfer of anti-personnel mines;

b. the United Nations Convention on the Law of the Sea;

c. the United Nations Treaty on the International Criminal Court;

d. the United Nations Convention on the Elimination of All Forms of Discrimination against Women and its protocol;

e. the International Convention on the Rights of the Child and its protocols;

f. the Kyoto Protocol to the United Nations Framework convention on climate change.

Signed 1:

LLOYD, Tony, United Kingdom, SOC

ALEURAS, Athanasios, Greece, SOC

ARABADJIEV, Alexander, Bulgaria, SOC

ATEŞ, Abdülkadir, Turkey, SOC

AZEVEDO, Maria Eduarda, Portugal, EPP/CD

BRUCE, Malcolm, United Kingdom, LDR

CILEVIČS, Boriss, Latvia, SOC

HAJIYEVA, Gultakin, Azerbaijan, EPP/CD

IVANOV, Sergei, Estonia, LDR

KIRILOV, Evgeni, Bulgaria, SOC

McNAMARA, Kevin, United Kingdom, SOC

POURGOURIDES, Christos, Cyprus, EPP/CD

1        SOC: Socialist Group

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

      LDR : Liberal, Democratic and Reformers’ Group

      EDG: European Democratic Group

      UEL: Group of the Unified European Left

      NR: not registered in a group