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Procedūra : 2010/2847(RSP)
Procedūros eiga plenarinėje sesijoje
Dokumento priėmimo eiga : B7-0506/2010

Pateikti tekstai :


Debatai :

PV 09/09/2010 - 10.1
CRE 09/09/2010 - 10.1

Balsavimas :

PV 09/09/2010 - 11.1

Priimti tekstai :

PDF 111kWORD 120k
See also joint motion for a resolution RC-B7-0505/2010

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 122 of the Rules of Procedure

on Kenya: failure to arrest Sudan's President Omar Al-Bashir

Marietje Schaake, Charles Goerens, Ramon Tremosa i Balcells, Leonidas Donskis, Marielle De Sarnez on behalf of the ALDE Group
NB: This motion for a resolution is available in the original language only.

European Parliament resolution on Kenya: failure to arrest Sudan's President Omar Al-Bashir  

The European Parliament,

having regard to its previous resolutions on the Sudan's Darfur crisis,


–   having regard to the International Criminal Court arrest warrants issued against Sudanese President Omar al-Bashir for crimes against humanity and genocide,


–   having regard to the UN Security Council resolution 1593/2005,


–   having regard to the EU High Representative Catherine Ashton's statement of 27 August 2010 urging Kenya to arrest President al-Bashir and hand him over to the ICC,


–   having regard to the Comprehensive Peace Agreement signed between the Sudanese parties that ended the civil war in 2005,


–   having regard to the Rome Statute,


–   having regard to the various partnership agreements, such as the Cotounou Agreement, between the EU and African states, where trade and aid are conditional upon conditions pertaining the rule of law,


–   having regard to the EU High Representative Catherine Ashton´s statement of 22 July 2010 urging Chad to arrest President al-Bashir and reminding Chad of its obligations as a signatory of the Rome Statute,


–   having regard to article 4 of the Constitutive Act of the African Union, rejecting impunity,


–   having regard to Rule 122(5) of its Rules of Procedure,


A. whereas President Omar al-Bashir is subject to two arrest warrants issued by the ICC for atrocities committed in Darfur: the first issued in March 2009 on charges of war crimes and crimes against humanity, the second issued in July 2010 on charges of genocide; whereas Sudan has refused to cooperate with the ICC's work to ensure justice for the crimes committed in Darfur,


B. whereas the Kenyan government invited President Omar al-Bashir of Sudan to take part in the 27 August 2010 Constitution promulgation ceremony and did not arrest him while on Kenyan territory,


C. whereas Kenya is not the first ICC signatory to choose not to arrest Mr Bashir; earlier this year he travelled to Sudan's neighbour Chad, which took no action either,


D. whereas the African Union asked the ICC to postpone any action against al-Bashir for fear of heightening tensions in Sudan at a critical juncture in its peace efforts,

E. whereas the former UN Secretary General Kofi Annan demanded that Kenya should make clear its position on the ICC and reaffirm its commitment to the ICC,


F.  whereas the ICC has reported Kenya to the UN Security Council over the visit,



1. Calls on all Members of the international community to ensure full accountability for crimes under international law committed particularly those in Sudan;


2. Regrets that some UN Security Council members are not signatory to the Rome Statute which established the ICC;


3. Stresses African Union's (AU) decision on the ICC at the Union's recent summit in Kampala, July 2010 which recognises the need for ICC members to balance AU obligations with obligations under the court's Rome Statute;


4. Recalling the crucial role African nationals played in the establishment of the International Criminal Court, also solidified in article 4 of the Constitutive Act of the African Union, rejecting impunity;


5. Calls on Kenya to honour its commitment to cooperate with the ICC in its investigations focused on the serious crimes committed following Kenya's 2007 general elections;


6. Instructs the High Representative and the European Commission to investigate whether the conditions of multi- or bilateral agreements between the EU and Kenya and Chad have been violated by the negligence in arresting al-Bashir, and to implement the consequences following the conditionality in these agreements;


7. Instructs its President to forward this resolution to the Council, the Commission, the institutions of the African Union, the governments and parliaments of the Member States, the United Nations Security Council, the International Criminal Court, the Kenyan government and all parliaments and governments of IGAD.


Atnaujinta: 2010 m. rugsėjo 7 d.Teisinis pranešimas