PREPARATORY COMMITTEE ON INTERNATIONAL CRIMINAL COURT TO CONTINUE WORK AT FURTHER SESSION IN DECEMBER

15 August 1997

Press Release
L/2839

PREPARATORY COMMITTEE ON INTERNATIONAL CRIMINAL COURT TO CONTINUE WORK AT FURTHER SESSION IN DECEMBER

19970815 Methods of Starting Proceedings, Relationship with National Jurisdictions Are Among Issues Noted in Working Group Reports

As it concluded its fourth session, the Preparatory Committee on the Establishment of an International Criminal Court this afternoon took note of the reports of its two working groups -- on complementarity and trigger mechanisms and on procedural matters -- and agreed to reconvene for a two- week session in December.

The issue of complementarity involves the relationship between the international criminal court and national jurisdictions. Trigger mechanism 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.

One working group, presided over by Adriaan Bos (Netherlands), presented texts corresponding to articles 21 to 25 and article 35, dealing with the issues of complementarity and the "trigger mechanism" and recommended their inclusion in the draft consolidated text of the statute of the proposed court.

The other group, presided over by Silvia Fernandez de Gurmendi (Argentina), presented consolidated text on the following subjects: notification of the indictment; trial in presence of the accused; proceedings on an admission of guilt; investigation of alleged crimes; functions and power of the trial chamber; commencement of prosecution; presumption of innocence; rights of the accused; and protection of the victims and witnesses.

The Chairman of the Preparatory Committee, Mr. Bos (Netherlands) said the work of the working group on procedural matters had established a firm basis for future discussions. He spoke of the possibility of arranging some inter-sessional activity to prepare for the next session. Delegations would be informed of any such development before the session in December.

The Preparatory Committee also noted that pursuant to General Assembly resolution 51/207 of 17 December 1996, the Secretary-General had established a Trust Fund for the participation of the least developed countries in the Committee's work, and in the diplomatic conference of plenipotentiaries to be held in Rome in 1998. Contributions to the Fund had been made by Belgium, Canada, Denmark, Finland, the Netherlands, Norway and Sweden, and 12 countries had utilized the Trust Fund to facilitate their participation in the current session. As of 14 August 1997, a total amount of US $300,000 had been received in the Fund. General Assembly resolution 51/207 calls upon States to contribute voluntarily to the Trust Fund.

At its next two-week session, scheduled for 1-12 December 1997, the work of the Preparatory Committee is expected to concentrate on: international cooperation and judicial assistance; penalties; procedural matters; and general principles of criminal law.

During exchanges this afternoon, the representative of United Kingdom wondered if a detailed and definite provisional agenda for the December session could be provided as soon as possible. The representative of France suggested that part of the next session be devoted to procedural questions relating to the issue of complementarity, since those had not been focused on thus far.

Mr. Bos suggested that one half-day in the second week of the next session could be dedicated to procedural questions.

The Preparatory Committee is developing a draft statute on the creation of an International Criminal Court. In its original format, the 60-article draft statute prepared by the International Law Commission detailed the establishment of the Court; its relationship to the United Nations; composition and administration; jurisdiction and applicable law; investigation and advancement of prosecution; trial; appeal and review; international cooperation and judicial assistance; and enforcement.

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.

International Criminal Court - 3 - Press Release L/2839 Final Meeting (PM) 15 August 1997

In December 1994, the General Assembly (by resolution 49/53) 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 International Law Commission's draft statute.

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. Further, the Committee was 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.

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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