Caption: AdoptedRejectedWithdrawnNo electronic votes
11 October 2017
Tabled by Mr Talip KÜÇÜKCAN, Mr Şaban DİŞLİ, Ms Emine Nur GÜNAY, Mr Suat ÖNAL, Ms Leyla ŞAHİN USTA
In the draft resolution, at the beginning of paragraph 3, insert the following sentence: "Daesh has committed various crimes targeting different national, ethnic and religious groups, including Sunnis who do not adhere to its radical ideology, both in the territories it controlled and beyond, resorting not only to mass executions and suicide attacks, but also to prohibited weapons such as chemical weapons and to inhumane treatment such as torture and rape as well as using civilians as human shields."
Explanatory note
It is known that Daesh has also committed crimes against Sunnis. For example, there are many cases where Daesh used Sunnis as human shields, especially during the Mosul operation. This shows that Daesh directed its brutality against all Iraqis and Syrians, regardless of their ethnic or sectarian identities.
11 October 2017
Tabled by Mr Talip KÜÇÜKCAN, Mr Şaban DİŞLİ, Ms Emine Nur GÜNAY, Mr Suat ÖNAL, Ms Leyla ŞAHİN USTA
In the draft resolution, paragraph 3, in the first sentence, after the words "conclusive evidence that", insert the following words: ", within the framework of criminal law,"
Explanatory note
In international law, "genocide" is a very narrow legal concept and denotes a clearly defined crime. According to the 1948 Genocide Convention, in order to incriminate a person with the crime of genocide, a competent court must ascertain that the crime has been committed exactly as defined in the Convention.
11 October 2017
Tabled by Mr Talip KÜÇÜKCAN, Mr Şaban DİŞLİ, Ms Emine Nur GÜNAY, Mr Suat ÖNAL, Ms Leyla ŞAHİN USTA
In the draft resolution, paragraph 4, in the penultimate sentence, after the word "Christian", insert the following word: ", Sunni" and in the last sentence, after the word "Christians", insert the following word: ", Sunni"
Explanatory note
Daesh destroyed not only Yazidi, Christian and non-Sunni Muslim places of worship, but also very important Sunni places of worship such as the Great Mosque of al-Nuri in Mosul, which is very important to Sunni heritage. It is also known that Daesh systematically destroyed several Sunni tombs and cemeteries.
11 October 2017
Tabled by Ms Susanne EBERLE-STRUB, Ms Doris FIALA, Mr Christoph WENAWESER, Mr Roland Rino BÜCHEL, Mr Thomas MÜLLER
In the draft resolution, paragraph 5, in the second sentence, delete the words "and the ICC Prosecutor has declined to open an investigation in relation to offences that may have been committed by nationals of a State Party to the Rome Statute of the ICC".
Explanatory note
The statement that the prosecutor refused to initiate an investigation falsely gives the impression that the ICC could have initiated investigations but has not done so. This is not legally correct and leads to a problematic perception of the ICC. The Court simply has no jurisdiction.
11 October 2017
Tabled by Ms Susanne EBERLE-STRUB, Ms Doris FIALA, Mr Christoph WENAWESER, Mr Roland Rino BÜCHEL, Mr Thomas MÜLLER
In the draft resolution, after paragraph 5, insert the following paragraph:
"The Assembly welcomes the establishment of the “International, Impartial and Independent Mechanism (IIIM) to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011” in the United Nations General Assembly as an important step to ensure accountability for the crimes committed in Syria."
Explanatory note
The IIIM is an investigative authority which, in the context of future trials, will bring prosecutions against those responsible for serious crimes in conflict and has the aim and mission to close the gap in criminal responsibility for the most serious violations of international law in Syria.
11 October 2017
Tabled by Mr Talip KÜÇÜKCAN, Mr Şaban DİŞLİ, Ms Emine Nur GÜNAY, Mr Suat ÖNAL, Ms Leyla ŞAHİN USTA
In the draft resolution, paragraph 6.1, after the words "Daesh has committed", insert the following words: "various crimes targeting different national, ethnic and religious groups and there is conclusive evidence that, within the framework of criminal law, Daesh has committed"
Explanatory note
It is known that Daesh has committed crimes indiscriminately. In international law "genocide" is a legal concept and defined clearly. In order to charge a person with the crime of genocide, a competent court must ascertain that the crime has been committed exactly as defined in the 1948 Genocide Convention.
11 October 2017
Tabled by the Committee on Political Affairs and Democracy
Votes: 63 in favor 0 against 3 abstentions
In the draft resolution, in paragraph 6.2.1, after the words "not already the case, and", insert the following words: ", following the example set by Sweden and Germany,"
11 October 2017
Tabled by the Committee on Political Affairs and Democracy
Votes: 64 in favor 0 against 4 abstentions
In the draft resolution, after paragraph 6.2.2, insert the following paragraph:
"not prioritising, systematically and exclusively, with regard to the members of Daesh, the application of national anti-terrorist legislation, to the detriment of their universal jurisdiction when examining cases involving the crimes described in the Rome Statute of the ICC;"
11 October 2017
Tabled by the Committee on Political Affairs and Democracy
In the draft resolution, in paragraph 6.2.3, after the word “Iraq”, insert the following words: ", in particular not granting refugee status to fighters who may have committed acts of genocide and/or other serious crimes prohibited under international law and who seek international protection on returning to Europe, in accordance with the exclusion clauses provided for in Article 1F of the United Nations Convention of 28 July 1951 on the status of refugees"
11 October 2017
Tabled by the Committee on Political Affairs and Democracy
In the draft resolution, after paragraph 6.2.4, insert the following paragraph:
"supporting the UN Secretary-General in setting up the Investigative Team described in Resolution 2379 (2017) of the United Nations Security Council to support the Iraqi justice system in gathering evidence of war crimes, crimes against humanity and genocide committed by Daesh in Iraq;"
11 October 2017
Tabled by the Committee on Political Affairs and Democracy
In the draft resolution, after paragraph 6.2.4, insert the following paragraph:
"insisting that the United Nations ordinary budget should, as soon as possible, contribute to the funding of the Mechanism and of the Investigative Team;"
11 October 2017
Tabled by the Committee on Political Affairs and Democracy
Votes: 65 in favor 0 against 2 abstentions
In the draft resolution, in paragraph 7, replace the first three sentences with the following sentences: "The Assembly calls on the Iraqi authorities to contribute to and co-operate with the work of the Investigative Team. It calls on the international community to provide the necessary resources for the Investigative Team to become promptly operational."