MOTION FOR A RESOLUTION

20.5.2008

with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 115 of the Rules of Procedure
by Hélène Flautre, Frithjof Schmidt, Margrete Auken, Mikel Irujo Amezaga, Raül Romeva i Rueda
on behalf of the Verts/ALE Group
on the situation in Sudan and the International Criminal court

B6‑0254/2008

European Parliament resolution on the situation in Sudan and the International Criminal court

The European Parliament,

• -having regard to its previous resolutions on Sudan,
• -having regard to the Rome Statute of the International Criminal Court and its entry into force on July 1^st, 2002,
• -having regard to the EU Common Position on the ICC (2003/444/CFSP) of 16 June 2003 and of the EU Action Plan to follow up on the Common Position on the ICC of 4 February 2004,
• -having regard to the adoption of UNSC resolution 1593 on 31 March 2005,
• -having regard to the UN Security council referral of the situation in Darfur to the ICC in 2005,
• -having regard to the recent report of the Secretary General of the UN on Darfur,
• -having regard to the Council Conclusions on Sudan/Darfur of December 2007 and January 2008,
• -having regard to the Declaration by the Presidency on behalf of the European Union on the anniversary of the referral in the situation of Darfur/ Sudan to the ICC, adopted on 31 March 2008,
• -having regard to the awarding of the 2007 Sakharov Prize to Salih Mahmoud Osman, a Sudanese human rights lawyer working in the Darfur region of Sudan, for his work in trying to bring justice to the victims of civil war in Darfur,
• -having regard to Rule 115(5) of its Rules of Procedure,
• A.whereas the security situation in Darfur remains extremely volatile and significant clashes have taken place between rebel movements and government forces, which affect humanitarian operations,
• B.whereas tension between Chad and Sudan led to fierce fighting last March where Chadian armed opposition based in Darfur attacked N'Dajamena, capital city of Chad,
• C.deeply shocked at the suffering of the hundreds of thousands of women, men and children beaten, killed, raped, displaced or otherwise victimised by the conflict in Darfur and noting that the situation has continued to spiral downward since 2003 and that indiscriminate aerial attacks on civilians continue,
• D.whereas comprehensive peace agreement involving all stake holders is a necessary step to solve the conflict peacefully and considering that ending impunity for the planners and perpetrators of the crimes committed in Darfur is part of the solution,
• E.recalling that following the first ever referral by the United Nations Security Council to the court of the situation in Darfur on 31 March 2005, the ICC Office of the Prosecutor decided that the situation in Darfur satisfied the ICC requirements to open an investigation, which he did on 5 June 2005,
• F.stressing that the government of Sudan, as a member of the United Nations, is obliged to cooperate with the ICC by virtue of resolution 1593, which the Security Council adopted under its Chapter 7 powers,
• G.recalling that, on 27 April, 2007, the Pre-Trial Chamber I of the ICC issued warrants of arrest against Ahmad Muhammad Harun, former Minister of State for the Interior of the Sudan and Ali Muhammad Ali Abd Al Rahman, otherwise known as Ali Kushayb—a Janjaweed/militia leader— and that they are both charged with 51 counts of war crimes and crimes against humanity, including murder, torture and inhumane treatment, rape and sexual violence and pillaging,
• H.deeply dismayed by the fact that, since the issuance of the arrest warrants, the government of Sudan has repeatedly refused to cooperate with the International Criminal Court and has indeed multiplied acts of defiance towards the Court and the international community;
• I.Recalling that, in spite of the ICC arrest warrants, Ahmad Harun remains sitting Minister of State for Humanitarian Affairs and in charge of protecting the very persons he has allegedly victimized; that he was nominated to be the main focal point for the UN peace keeping mission in Darfur, UNAMID; that he was also promoted to become the chair of a governmental committee tasked with hearing human rights complaints; and that Ali Kushayb – who was in Sudanese custody on other charges at the time the warrants were issued - was released from jail in October 2007 despite being sought by the ICC,
• J.whereas in June 2007 and again in December 2007 the Office of the Prosecutor has reported to the UN security Council the failure and unwillingness of the Sudanese Government to cooperate with the Court and has noted that no steps were taken to arrest and surrender Ahmad Harun and Ali Kushayb,
• K.noting with deep concern that, according to the Prosecutor’s report to the Security Council, Ahmad Harun continues to be part of the system enabling current crimes committed in Darfur,
• L.welcoming the fact that the ICC Prosecutor has announced that he is continuing his investigations in Darfur,
• M.determined to support the ICC at this crucial juncture of its work and fully convinced that ending impunity for the planners and perpetrators of horrific crimes committed in Darfur is an essential component of the solution to the conflict in Darfur,
• 1.Calls upon the government of Sudan and all armed groups to respect human rights and international humanitarian law by refraining from any indiscriminate attacks on civilians including sexual violence against women,
• 2.Is concerned at reports of mass arrests in Khartoum following the rebel attack; Reminds the Government of Sudan of its obligations under the African Charter on Human and Peoples' Rights, according to which, inter alia, no one may be arbitrarily arrested or detained, and every individual has the right to defence and to be tried within a reasonable time;
• 3.Condemns also the 4 May aerial bombing in North Darfur, killing 12 people, wounding another 30 and destroying a school, a water installation and a market;
• 4.Calls on the EU to concert with other international actors to exert utmost pressure on the conflicting parties to put an end to the atrocities and embark on peaceful conflict resolution, in this respect, the increased use of targeted sanctions and divestment should be promoted;
• 5.Calls on the EU to exert pressure on China to join the international efforts for ending the conflict and to use her considerable leverage on the Government of Sudan based on her role as main provider of income for the Government of Sudan from oil sales; urges China to stop delivering weapons to Sudan;
• 6.Strongly condemns Sudan’s persistent failure to cooperate with the ICC and to arrest and hand over Ahmad Harun and Ali Kushayb to the ICC, in violation of UNSC resolution 1593 and in blatant disrespect of the hundred thousands of victims and their families and of the millions of people who have been forced to leave their homes since the beginning of the conflict;
• 7.Urges the authorities in Khartoum to arrest and surrender the two ICC suspects with no further delay, as to immediately break the cycle of impunity in Darfur and to cooperate with future ICC investigations in Darfur;
• 8.Deplores the lack of strong reaction of the European Union and of the UN Security Council and that no significant costs have been imposed on Sudan for its lack of cooperation with the ICC so far, in spite of the evidence put forward by the Prosecutor on the occasion of its sixth report in December 2007, and of the repeated public refusal of the authorities in Khartoum to cooperate with the Court;
• 9.Urges EU Member States and EU candidate countries with a seat at the UN Security Council to take a principled stance calling on Sudan to immediately comply with UNSC resolution 1593 and with the Court’s requests;
• 10.Calls on all other States represented at the UN Security Council to also support any cooperation request put forward by the ICC Prosecutor on behalf of the Court and in particular calls on China, Russia, South Africa and Libya to follow through their own words under Security Council resolution 1593 and not to obstruct Security Council’s action on 5 June;
• 11.Urges the EU Special Representative for Sudan, in keeping with his mandate and with the EU Common Position on the ICC, to take a proactive role and use all available opportunities to raise with Sudanese interlocutors and other partners the need to immediately arrest and surrender Ahmad Harun and Ali Kushayb, to cooperate with the ICC and calls on him to regularly report to other EU institutions on developments in that regard;
• 12.Calls on the African Union and the Arab League to actively engage in Darfur by pushing the Government of Sudan to cooperate with the Office the Prosecutor with the current and future investigations and calls on the EU presidency to include Sudan’s cooperation with the ICC on the agenda of political dialogues and summits with key partners, such as China, the United States, the African Union or the Arab League;
• 13.Stresses once again that there cannot be durable peace without justice for grave crimes; calls on EU observers to the peace talks to underscore the importance of ending impunity for building sustained respect for the rule of law and human rights in Sudan;
• 14.Welcomes and supports the “Justice for Darfur” campaign, launched by a large group of Non-Governmental Organisations (including, among others, Amnesty International, the Cairo Institute for Human Rights Studies, the Coalition for the International Criminal Court, Parliamentarians for Global Action, Human Rights Watch, the FIDH, the Sudan Organization Against Torture), aimed at pressing Khartoum to comply with the Court’s arrest warrants and to press Sudan to cooperate with the ICC;
• 15.Instructs its President to forward this resolution to the Commission and the Council, notably to the EU Special Representative for Darfur, to the governments of Sudan, of the EU Member States and of the Members of the UN Security Council, to the African Union institutions, to the Arab League institutions, and to the Prosecutor of the International Criminal Court.