MOTION FOR A RESOLUTION on Kenya: failure to arrest Sudan's President Omar Al-Bashir
7.9.2010
pursuant to Rule 122 of the Rules of Procedure
Charles Tannock, Derk Jan Eppink, Jan Zahradil, Jan Zahradil, Michał Tomasz Kamiński, Tomasz Piotr Poręba, Adam Bielan on behalf of the ECR Group
See also joint motion for a resolution RC-B7-0505/2010
B7‑0505/2010
European Parliament resolution on Kenya: failure to arrest Sudan's President Omar Al-Bashir
The European Parliament,
- having regard to the 1948 Universal Declaration of Human Rights of the United Nations (UN),
- having regard to the 1998 Rome Statute of the International Criminal Court (ICC),
- having regard to the resolutions adopted by the Security Council of the United Nations under Chapter VII, UNSCR 1593 (2005), requiring all Member States of the United Nations to cooperate with the ICC,
- having regard to its resolution of 19 May 2010 on the Review Conference on the Rome Statute of the ICC, which took place from 31 May to 11 June 2010, in Kampala, Uganda,
- having regard to the Decision No. ICC-02/05-01/09 of the Pre-Trial Chamber of the ICC of 27 August 2010 informing the UNSC and the Assembly of the States Parties to the Rome Statute about Omar Al-Bashir's presence in the territory of the Republic of Kenya,
- having regard to the Statements by the spokesperson of High Representative Catherine Ashton on President Al-Bashir of 22 July 2010 and on President Al-Bashir's visit to Kenya on 27 August 2010,
- having regard to the Statements of Amnesty International and Human Rights Watch on President Al-Bashir's case,
- having regard to Rule 122(5) of its Rules of Procedure,
A. whereas Sudan's President Omar Al-Bashir faces two arrest warrants by the ICC issued respectively on 4 March 2009 with five counts of crimes against humanity and two of war crimes and 12 July 2010 on three charges of genocide, for allegedly orchestrating atrocities in the Sudan's western province of Darfur,
B. whereas the 13th Ordinary Session of the Assembly of the African Union (AU) in Sirte, Great Socialist People’s Libyan Arab Jamahiriya, decided on 3 July 2009 that "the AU Member States shall not cooperate pursuant to the provisions of Article 98 of the Rome Statute of the ICC relating to immunities, for the arrest and surrender of President Omar El Bashir of The Sudan",
C. whereas Kenya, a Member State of the UN and State Party to the Rome Statute of the ICC, as all other State Parties concerned, should cooperate fully with the ICC, including on the execution of arrest warrants,
D. whereas the Government of Kenya invited Sudan's President Omar Al-Bashir to attend the celebrations for the promulgation of the new Kenyan Constitution that took place on 27 August 2010,
E. whereas the solemn promulgation of Kenya's new Constitution democratically approved in a referendum, should have committed leading Kenyan authorities to abide in general, and in particular on that historical day, by the highest ethical standards and the rule of law,
F. whereas failure to stand by its obligations under the Rome Statute of the ICC, and as a UN Member State, raised concerns about the validity and sincerity of Kenya's international commitments to combat impunity for the most serious crimes against universal human rights,
1. Firmly condemns Sudan's President Omar Al-Bashir's travel to Kenya in defiance of ICC arrest warrants issued against him with charges of serious war crimes, crimes against humanity and genocide,
2. Condemns Sudan, a Member State of the United Nations, for its persistent refusal to cooperate with the ICC, thus denying truth and justice to millions of victims of war atrocities in Sudan, and especially in the Darfur region,
3. Expresses disappointment with Kenyan's authorities decision to extend an invitation to Sudan's President Omar Al-Bashir in first instance, and subsequent failure to arrest him or bar him entry to Kenya in total disrespect to the ICC,
4. Regrets the African Union's insufficient leadership in ensuring full accountability for war crimes committed in Sudan, regardless of the ranking of the alleged perpetrators,
5. Stresses that should Kenya's mediator role in the Sudanese peace talks yield stability for north-eastern Africa, Kenyan leaders should not give priority to particular interests over compliance with binding international commitments under the Rome Statute of the ICC, especially when serious war crimes against humanity are at stake;
6. Calls on the African Union to strengthen its cooperation with the ICC in order to promote awareness of, and uphold respect for, Human Rights in Africa, and to do so with a particular sense of urgency in Darfur as part of the AU's joint engagement in the UNAMID mission alongside the United Nations,
7. Welcomes the decision of Botswana and South Africa to remain committed as ICC Member States to cooperating with the court,
8. Calls for an end to impunity for all crimes perpetrated during the war in Sudan, and hopes that President Omar Al-Bashir will soon be brought to the ICC in Hague as part of the necessary re-establishment of justice, the rule of law, and piety for victims;
9. Calls on the High Representative Catherine Ashton to step up efforts to this aim,
10. Instructs its President to forward this resolution to the Council, the Commission, the ICC, the Assembly of the States Parties to the Rome Statute of the ICC, the UN Secretary-General, the Assembly of the African Union, and the Government of the Republic of Kenya.