PREPARATORY COMMISSION FOR INTERNATIONAL CRIMINAL COURT HEARS BRIEFINGS BY COORDINATORS OF WORKING GROUPS

Press Release
L/2909

PREPARATORY COMMISSION FOR INTERNATIONAL CRIMINAL COURT HEARS BRIEFINGS BY COORDINATORS OF WORKING GROUPS

The Preparatory Commission for the International Criminal Court met this morning to deal with organizational matters and hear progress reports from the coordinators of its two working groups.

The 11-day session, which began on 16 February, is considering arrangements for the operation of the Court, once its Statute enters into force with 60 ratification. So far, only Senegal has ratified it. The Preparatory Commission's work at the current session is focused on the rules of procedure and evidence and the elements of crimes. Two workings groups are discussing various proposals submitted by States relating to those issues. The Statute was adopted by the United Nations Diplomatic Conference on the Establishment of the Court, which was held in Rome from 15 June to 17 July 1998.

The Coordinator for the Working Group on Rules of Procedure and Evidence, Silvia Fernandez de Gurmendi (Argentina), said the group's discussions so far had been focused on Part 5 of the Statute, which dealt with the investigation and prosecution of crimes. Their discussions were based on the draft proposals by France and Australia. The two delegations had attempted to combine their suggestions into one document. The Working Group planned to take up Part 6 of the Statute (Trial proceedings in the Court) tomorrow.

Herman Van Hebel (Netherlands), Coordinator of the Working Group on Elements of Crimes, said the group had had three meetings and was working on the basis of a number of documents, including a draft text by the United States, a draft proposal by Hungary and Switzerland, and a working paper proposed by Spain. The proposals before it related to the crime of genocide. The Working Group hoped to be able to prepare a draft text on that crime. The discussions were going slowly, but in the right direction, and the Working Group was "breaching gaps" in the various proposals.

Also this morning, the Commission elected George McKenzie (Trinidad and Tobago) to be its third Vice-Chairman, thus concluding the election of officers. At its first meeting, the Commission elected Philippe Kirsch (Canada) as Chairman. Muhamed Sacirbey (Bosnia and Herzegovina) and Medard Rwellamira (South Africa) were elected Vice-Chairmen. Salah Suheimat (Jordan) was elected Rapporteur.

In another action, the Preparatory Commission agreed to the appointment by the Chairman of additional coordinators to the Working Group on Rules of Procedure and Evidence. They were Mr. Rwellamira (South Africa) to coordinate matters relating to Part 4 of the Statute (Composition and Administration of the Court); Rolf Fife (Norway) on Part 7 (Penalties); and Phakiso Mochochoko (Lesotho) on Part 9 (International Cooperation and Judicial Assistance).

The next plenary of the Preparatory Commission for the International Criminal Court will be announced in the Journal.

Commission Work Programme

The Preparatory Commission for the International Criminal Court met this morning to take up organizational matters and to hear progress reports from the coordinators of its working groups on rules of procedure and evidence and on elements of crimes. (For background information on those topics, see Press Release L/2906 of 12 February.)

Statements

SILVIA FERNANDEZ DE GURMENDI (Argentina), Coordinator of the Working Group on Rules of Procedure and Evidence, gave a progress report to the Commission on the discussions in her working group. The group had begun work on Part 5 of the Statute of the International Criminal Court. That part dealt with investigation and prosecution of crimes. Their discussions were based on the draft proposals by France and Australia. The Group worked with the idea that the final structure of the rules of procedure would be determined at a later stage after sufficient consideration had been given to the issues.

She said the Group did not speed ahead as much as it would have liked. The delegations of Australia and France had attempted to combine their suggestions into one document. The two delegations, along with Sweden, had held informal meetings. Those meetings were proceeding. The work of the Group had progressed with the desirability of avoiding repeating or paraphrasing the Statute. The group should finish its discussion on Part 5 today and begin to discuss Part 6 tomorrow. Part 6 of the Rome Statute dealt with the trial proceedings in the Court.

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Elements of Crimes

HERMAN VAN HEBEL (Netherlands), Coordinator of the Working Group on Elements of Crimes, said the group had had three meetings. It had been working on the basis of a number of documents, including a draft text by the United States (document PCNICC/1999/DP.4 and addenda 1 to 3); a draft proposal by Hungary and Switzerland (document PCNICC/1999/DP.5) and a working paper proposed by Spain (document PCNICC/1999/DP.9). The proposals related to the crime of genocide, which was the first to be discussed. The Working Group hoped to be able to prepare a draft text on that crime.

He said discussions were going slowly, but in the right direction, and the Group was "breaching gaps" in the various proposals. He described the discussions in the Working Group as positive.

PHILIPPE KIRSCH (Canada), Chairman of the Preparatory Commission, said it was clear from the report of the two Coordinators that progress was being made and that the work was conducted in a spirit of cooperation. He invited delegations to keep in mind that the preparation of draft texts on rules of procedure and evidence and on elements of crimes was a complex task that would require considerable amount of work. He also reminded them that the work must be completed before 30 June 2000, as required by resolution F of the Rome Conference and General Assembly resolution 53/105.

Speaking about the organization of the work of the Preparatory Commission, he reported that the Commission's bureau had met twice last week, including on Friday evening, to review the work done so far and how best to use the time left during the session. Taking into account the work done so far, he said the bureau felt that the Commission should follow the previously scheduled work plan. Subject to developments during the week, the bureau had provisionally concluded that the Friday morning now reserved should be divided between the two Working Groups to wrap up their work before reporting to the plenary Friday afternoon, 26 February.

Continuing, he said the bureau was of the view that the Coordinators should provide the Preparatory Commission, on Friday afternoon in the plenary, with an oral and factual report of what their respective Working Groups had done so far. The Secretariat would then, for ease of reference, produce a document on the basis of the report of the Coordinators which would be circulated to delegations. That was simply to have a written account of what the Preparatory Commission did during its first session and referring to all the documents that had been issued.

With respect to the work plan for the next session, scheduled for 26 July to 13 August, he announced that he had asked three new Coordinators to take responsibility for the rules of procedure and evidence pertaining to specific parts of the Statute. The Coordinators were Medard Rwellamira (South Africa),

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a Vice-Chairman of the Preparatory Commission, who would coordinate work relating to Part 4 of the Statute (Composition and Administration of the Court); Rolf Fife (Norway), Coordinator for Part 7 (Penalties); and Phakiso Mochochoko (Lesotho) would coordinate the work relating to Part 9 (International Cooperation and Judicial Assistance).

Mr. Kirsch said, to plan the work of the Preparatory Commission over the longer term, it was his intention to ask one or more delegates to serve as "initial points of contact" for delegations for other parts of the mandate of the Preparatory Commission that it would have to deal with at a later stage. They included a relationship agreement between the Court and the United Nations; basic principles governing a headquarters agreement to be negotiated between the Court and the host country (Netherlands); financial regulations and rules; an agreement on privileges and immunities of the Court; a budget for the first financial year; and the rules of procedure of the Assembly of States Parties.

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