PREPARATORY COMMITTEE FOR INTERNATIONAL CRIMINAL COURT CONCLUDES SESSION; TO MEET AGAIN IN MARCH 1998
Press Release
L/2847
PREPARATORY COMMITTEE FOR INTERNATIONAL CRIMINAL COURT CONCLUDES SESSION; TO MEET AGAIN IN MARCH 1998
19971212 Considers Definition of Crimes, Criminal Responsibility, Challenges to Jurisdiction, Transfer of Suspects, PenaltiesThe Preparatory Committee on the Establishment of an International Criminal Court concluded its fifth session this afternoon, taking note of texts approved by its five working groups for inclusion in the draft consolidated text of the convention for the proposed court.
Among the texts of what it took note was a definition of war crimes, which would include such offences as wilful killing, torture or inhuman treatment -- including biological experiments, unlawful deportation or confinement, and the taking of hostages. The reports of the working groups also covered procedural matters, questions relating to international cooperation and judicial assistance, general principles of criminal law, and the issue of penalties.
In addition to considering the definition of war crimes, the Committee's working group also addressed such issues as the extent of criminal responsibility, challenges to the court's jurisdiction, the surrender and transfer of suspects, and the question of penalties.
Also this afternoon, the Preparatory Committee adopted the provisional agenda for its next session, to be held from 16 March to 3 April 1998. The topics to be discussed include the composition and administration of the court, Final Clauses, and the relationship of the court with the United Nations. The Preparatory Committee would also begin a general review of the entire text of the court's statute.
The Preparatory Committee's next session will be its last, to be followed by the diplomatic conference of plenipotentiaries, to be held in Rome from 15 June to 17 July 1998. That conference will meet to finalize and adopt a convention to establish the court, which would then be submitted to the General Assembly.
The Preparatory Committee also noted that pursuant to the General Assembly's 1996 resolution 51/207, the Secretary-General had established a trust fund for the participation of the least developed countries in the work of the Preparatory Committee and in the diplomatic conference of plenipotentiaries. Guidelines had been established for the administration of the Fund. The resolution also called upon States to contribute voluntarily to the fund.
The Chairman of the Preparatory Committee, Adriaan Bos (Netherlands), announced his intention to convene a meeting of chairmen of the various working groups as well as the coordinators and members of the Committee's bureau next January in Zutphen, Netherlands, to compile all the draft texts before the Committee into a logical form.
He concluded the session by saying that many efforts had been made by Committee members to contribute to the progress of the session. Despite the hard work, there remained a very positive commitment to completing the statute for the international criminal court. The work had shown how complicated matters were, as well as the vital interests involved in creation of the court. There was still much to be accomplished.
Throughout its sessions, the Preparatory Committee had been 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 address such elements as establishment of the court and its relationship to the United Nations, its composition, adminstration, jurisdiction and applicable law, investigations and the advancement of prosecution, and issues relating to trials, appeals, and reviews, international cooperation and judicial assistance, and enforcement.
Introduction of Reports
ADRIAAN BOS (Netherlands), Preparatory Committee Chairman, introduced the report of the working group on the definitions and elements of war crimes.
PER SALAND (Sweden), introducing the report of the working group on general principles of criminal law ,said the group had concentrated mainly on the topic of criminal responsibility, including grounds for excluding that responsibility. At the next session, the group would discuss the role of national law and general legal principles.
SILVIA FERNANDEZ DE GURMENDI (Argentina), introducing the report of the working group on procedural matters, said the group discussed procedural matters involving the complementarity of the court in relation to national courts. It also considered the subject of challenges to the court's jurisdiction. The group shared the view that crimes required further definition in the court's statute. It intended to consider such topics as
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investigation of alleged crimes and procedures for collecting evidence at the Committee's next session.
PIETER KRUGER (South Africa), introducing the report of the working group on international cooperation and judicial assistance, said the group had considered the surrender and transfer of suspects, as well as provisional arrest and other forms of cooperation. It also dealt with articles concerning limits on the uses of evidence, as well as limits on proceedings against surrendered persons. He said the group's report represented the highest level of compromise.
ROLF EINAR FIFE (Norway) said the report of the working group on penalties had considered legal principles which were common to the other working groups. With respect to penalties, it considered the question of reparations and compensations which would be paid by convicted persons, along with disqualification from holding public office and imprisonment.
Future Work Programme
Noting that its future work programme was provisional, the Chairman said that during the first week of its sixth session, beginning 16 March 1998, the Preparatory Committee would discuss subjects which had not yet been considered: composition and administration of the court, and Final Clauses. The afternoons of the first week would be used to finish those subjects left over from the present session, including procedural questions.
During the second week, discussions would focus on establishment of the court and its relationship with the United Nations, to be followed by a general review of the entire text of the court's draft statute. The aim was to identify issues that touched on several areas for which solutions might have to be found at the diplomatic conference in Rome. The Preparatory Committee's task was to recommend to the conference a consolidated text of the entire statute, to facilitate its work.
At its prior session, the Committee's agenda was divided between its working groups on trigger mechanisms and procedural matters. The group on trigger mechanisms discussed 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.
On procedural matters, the working group presented a text on the notification of 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 the protection of victims and witnesses.
Previously, the Committee had worked on the definition of crimes to be adjudicated by the court and on general principles of criminal law and
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penalties. It negotiated the definitions of war crimes to be included within the court's jurisdiction, as well as general principles of criminal law. It was also recommended that the text defining genocide and crimes against humanity be included in the draft of the convention.
Background on International Criminal Court
According to the draft statute, the international criminal court will be a permanent court with the power to investigate and bring to justice individuals who commit the most serious crimes of concern to the international community, such as genocide, war crimes and crimes against humanity.
The idea of a permanent court began with the unsuccessful attempt to establish an international tribunal after the First World War. Following the Second World War, the Nuremberg and Tokyo war crime tribunals set the stage for efforts to create a permanent court. It 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 opinions for many years.
In 1992, the General Assembly directed the International Law Commission to elaborate a draft statute for an international criminal court. Further public interest was created by the establishment of the International Criminal Tribunals for the Former Yugoslavia in 1993 and for Rwanda in 1994.
In December 1994, the General Assembly established an Ad Hoc Committee opened to all Member States and members of specialized agencies to review the major substantive and administrative issues arising from the International Law Commission's draft statute. The following year it established the Preparatory Committee, with the mandate to draft a widely acceptable consolidated text of a convention for an international criminal court based on the Commission's draft statute.
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 (IAEA).
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