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MOTION FOR A RESOLUTION
DOC 39k
See also joint motion for a resolution RC-B5-0386/2002
27 June 2002
PE 319.820
 
B5‑0393/2002
further to the Council and Commission statements
pursuant to Rule 37(2) of the Rules of Procedure
by Armando Cossutta, Giuseppe Di Lello Finuoli, Pernille Frahm and Lucio Manisco
on behalf of the GUE/NGL Group
on the International Criminal Court and the consequences for transnational relations of the law on the protection of US and allied personnel

European Parliament resolution on the International Criminal Court and the consequences for transnational relations of the law on the protection of US and allied personnel 
B5‑0393/2002

The European Parliament,

–  having regard to the American Servicemen's Protection Act adopted by US Senate and US House of Representatives,

–  having regard to the signing by all EU Member States of the International Criminal Court Statute and its entry into force by 1 July 2002,

–  having regard to the common position adopted by the Council of 20 June supporting the ICC,

A.  having regard to the wide support for the ICC underlining global solidarity in the fight against international crime and, in particular, war crimes,

B.  having regard to the fundamental principle that everyone is equal under the law,

1.  Condemns the decision taken by the US Senate and the House of Representatives not to sign the Rome Statute establishing the International Criminal Court;

2.  Strongly opposes the American Servicemen's Protection Act (ASPA) adopted by both houses of the US Congress, which contradicts the sovereign rights of a great majority of World democracies and the widely recognised will to create the court;

3.  Strongly opposes the unilateral position taken by the US Government, undermining the acknowledgement of international solidarity in the fight against international crime;

4.  Welcomes the common position adopted by the Council of 20 June supporting the ICC; decisively endorses global support for the ICC, and calls upon the Council to repeat its full support for the widest possible participation in the Statute;

5.  Regrets nevertheless that several EU Member States participating in the British-led ISAF-force operating in Afghanistan, negotiated with the interim government of Afghanistan an agreement similar in content to the ASPA, to the effect that forces in action in Afghanistan should not 'surrender to or [be] otherwise transferred to, the custody of an international court tribunal or other entity or state without the express consent of the contributing nation';

6.  Deplores the fact that the ASPA is contradictory to fundamental principals and standards of international law, in particular stating that everybody is equal under the law, and that the ASPA is undermining the fundamental principles embodied in the ICC Statute;

7.  Recalls that, on 31 December 2000, US President William J. Clinton signed the ratification of the Rome Statute;

8.  Calls upon the European Parliament to put pressure on the US Congress to change its position on the ASPA and withdraw its support for the law;

9.  Calls upon the EU-Delegation to the US to put pressure on the members of the US Congress to revoke the ASPA;

10.  Calls upon the Council to make concrete and decisive representations to the US Government, calling on it to change its position on the ASPA, in order to make it possible for the US to add its signature to the Rome Statute establishing the ICC;

11.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and of the applicant countries and the President and the Congress of the USA.

Zadnja posodobitev: 2. april 2004Pravno obvestilo