PREPARATORY COMMITTEE ON ESTABLISHMENT OF INTERNATIONAL CRIMINAL COURT TO MEET AT HEADQUARTERS, 4 - 15 AUGUST
Press Release
L/2837
PREPARATORY COMMITTEE ON ESTABLISHMENT OF INTERNATIONAL CRIMINAL COURT TO MEET AT HEADQUARTERS, 4 - 15 AUGUST
19970801 Background Release The Preparatory Committee on the Establishment of an International Criminal Court will convene for the fourth time at United Nations Headquarters next week to continue its work on the court's draft statute.The Committee, within the framework of two working groups, will take up the issues of complementarity and the "trigger" mechanism which would initiate court action. It will also consider various procedural matters. The Committee will continue its deliberations until 15 August and reconvene from 1 to 12 December.
The issue of complementarity involves the relationship between the international criminal court and national jurisdictions. The original draft statute, elaborated by the International Law Commission, provided for the proposed International Criminal Court to complement national judicial systems "in cases where such trial procedures may not be available or may be ineffective". Past discussions have included questions involving the court's relation to both the territorial State -- the State in which the crime was committed -- and the custodial State, the State which has the custody of the suspect, and on how to decide the adequacy of the national judicial system involved in each case.
The trigger mechanism issue refers to the question of what, or which actors could initiate or "trigger" court proceedings -- Member States, the United Nations Security Council and/or the Court prosecutor.
Background on International Criminal Court
The idea of a permanent international court to prosecute genocide, crimes against humanity, war crimes and aggression was first considered at the United Nations in the context of the adoption of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
Further development of the notion was effectively forestalled through differences of opinion for many years. However, in 1992, the General Assembly directed the International Law Commission to elaborate a draft statute for an international criminal court (resolution 47/33). Further public interest was created by the establishment of the International Criminal Tribunals for the former Yugoslavia in 1993, and for Rwanda in 1994.
The Commission drafted a 60-article draft statute for the proposed court (document A/49/10), which details the establishment of the court; its relationship to the United Nations; composition and administration; jurisdiction and applicable law; investigation and commencement of prosecution; appeal and review; international cooperation and judicial assistance; and enforcement.
In December 1995, the General Assembly established an ad hoc committee, open to all Member States or members of the specialized agencies, to review the major substantive and administrative issues arising from the Commission's draft statute (resolution 49/53).
The Assembly established the Preparatory Committee the following year and charged it with the task of drafting a text, with a view to preparing a widely acceptable consolidated text of a convention for an international criminal court as a next step towards consideration by a conference of plenipotentiaries (resolution 50/46).
The Assembly also decided that the work of the Preparatory Committee would be based on the International Law Commission's draft statute. The Committee was also asked to take into account the report of the Ad Hoc Committee and the written comments submitted by States to the Secretary- General on the draft statute, as well as contributions from relevant organizations.
The Preparatory Committee has held three sessions at United Nations Headquarters. During the Committee's first session (March-April 1996), discussions focused on which crimes should be included in the draft statute, including on whether or not the crime of aggression would be included within the court's jurisdiction. Deliberations also involved the consideration of provisions relating to serious violations of the laws and customs applicable in armed conflict. There were differing views as to whether that category should include violations committed in non-international armed conflicts.
During the Committee's second session (August 1996), the Preparatory Committee conducted a second reading of various issues raised at the first session and reviewed procedural matters, including the establishment of the court, the court's relationship with the United Nations and the issue of fair trial and rights of the accused. It also reviewed the list of crimes the court would deal with, the relationship between the proposed court and national judicial systems, various trigger mechanisms and the role of the prosecutor. Participants were asked by the Committee Chairman to "forge a bridge" between common law and civil law systems.
The Committee's third session (February 1997) concentrated two working groups on the definition of crimes the proposed court would deal with and on general principles of criminal law and penalties. The Committee recommended that the texts defining genocide and crimes against humanity be included in
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the draft consolidated text of the proposed court's statute. It also recommended that the texts on war crimes, aggression and terrorism be considered at a future date. (For additional information on these core crimes, see Press Release L/2824 of 21 February 1997.)
The working groups also recommended to the Preparatory Committee the text of a number of articles concerning general principles of criminal law, as a first draft for inclusion in the draft consolidated text of the convention for an international criminal court. That text dealt with the following subject matters: nullum crimen sine lege (no crime without law); non- retroactivity; individual criminal responsibility (personal jurisdiction); irrelevance of official position; individual criminal responsibility and command responsibility; mens rea (mental elements of crime); actus rea (act and/or omission); mistake of fact or of law; age of responsibility; and end of statute of limitations.
At the conclusion of the February session, the Committee recommended that the General Assembly accept Italy as host of a plenipotentiary conference on the creation of the proposed court, to be held in Rome in June 1998.
Officers, Membership
The Chairman of the Preparatory Committee is Adriaan Bos (Netherlands). Its Vice-Chairmen are Cherif Bassiouni (Egypt), Silvia Fernandez de Gurmendi (Argentina) and Marek Madej (Poland). The Rapporteur is Masataka Okano (Japan).
The Preparatory Committee is open to all United Nations Member States, members of the specialized agencies and members of the International Atomic Energy Agency.
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