UN Security Council Resolution to Refer CIA Torture to the International Criminal Court

Draft United Nations Security Council Resolution on the Interrogation of Detained Persons by the United States of America

drafted by Thomas Gangale and Marilyn Dudley-Flores

OPS-Alaska

OPSA-2014-13

11 December 2014

The Security Council,

Taking note of the report of the United States Senate Select Committee on Intelligence, "Committee study on the Central Intelligence Agency's detention and interrogation program;"

Expressing grave concern at the report's findings of the gross and systematic violations of international human rights law and the law of war;

Stressing the need to hold to account those responsible for torture;

Recalling article 16 of the Rome Statute under which no investigation or prosecution may be commenced or proceeded with by the International Criminal Court for a period of 12 months after a Security Council request to that effect;

Acting under Chapter VII of the Charter of the United Nations;

1. Strongly condemns the gross and systematic violations of human rights perpetrated by persons acting under the authority of the United States of America, whether having occurred within its territory or in facilities outside its territory under the control of its government;

2. Decides to refer the situation regarding the United States of America since 11 September 2001 to the Prosecutor of the International Criminal Court;

3. Decides also that the Government of the United States of America shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor, including by implementing fully the Agreement on the Privileges and Immunities of the International Criminal Court, pursuant to this resolution and, while recognizing that States not party to the Rome Statute have no obligation under the Statute, strongly urges all States and concerned regional and other international organizations to cooperate fully with the Court and the Prosecutor;

4. Decides that nationals, current or former officials or personnel from a State outside the United States of America which is not a party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that State for all alleged acts or omissions arising out of or related to operations in the United States of America established or authorized by the Council, unless such exclusive jurisdiction has been expressly waived by the State;

5. Invites the Prosecutor to address the Security Council within two months of the adoption of this resolution and every six months thereafter on actions taken pursuant to this resolution;

6. Recognizes that none of the expenses incurred in connection with the referral, including expenses related to investigations or prosecutions in connection with that referral, shall be borne by the United Nations and that such costs shall be borne by the parties to the Rome Statute and those States that wish to contribute voluntarily;

7. Decides to remain actively seized of the matter.

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