PREPARATORY COMMISSION FOR INTERNATIONAL CRIMINAL COURT RESUMES DELIBERATIONS AT HEADQUARTERS

26 July 1999

Press Release
L/2929

PREPARATORY COMMISSION FOR INTERNATIONAL CRIMINAL COURT RESUMES DELIBERATIONS AT HEADQUARTERS

19990726 Chairman Philippe Kirsch (Canada) Appeals For Increased Efforts to Ensure Completion of Commission's Mandate

The Preparatory Commission for the International Criminal Court began its second session this morning with an appeal by its Chairman for increased efforts to ensure the completion of its mandate in laying the groundwork for the operation of the Court.

Philippe Kirsch (Canada), Chairman of the Preparatory Commission, opening the first plenary meeting of the second session, recalled that the Commission's mandate called for the completion of its work on the rules of procedure and evidence and the elements of crimes by 30 June 2000. He reminded delegations of the tremendous amount of work ahead of them to complete the Commission's task. To do that, he said the Commission must ensure that all available time was used efficiently.

François Alabrune (France), reporting on an inter-sessional meeting which took place in Paris last April, said it had dwelt on the position of victims before the International Criminal Court and transparency of the Court's work. In addition, four elements of the Rome Statute had been taken into account, including participation in other stages of procedure of the Court's work, as well as protection of victims.

Silvia Fernandez de Gurmendi (Argentina) said that the inter-sessional meeting in Siracusa, Italy, was useful in helping to accelerate the Preparatory Commission's work. She noted that, among others, Part 6 of the Statute regarding trials and meetings had been considered, and useful and new proposals were now being brought to the Preparatory Commission.

Umberto Leanza (Italy) announced that the Italian Parliament had completed the process of ratification of the Statute and that the necessary work was being undertaken to adapt its provisions to domestic legislation. The instrument of ratification would be deposited with the Secretary-General. He appealed to countries which have signed the Statute to ratify it before June next year. (A total of 83 States have signed the Statute.)

Earlier, a minute of silence was observed in memory of King Hassan II of Morocco, who died last Friday and was laid to rest in Rabat yesterday.

The Preparatory Commission will also continue its informal discussion of the definition of the crime of aggression and the conditions under which the Court shall exercise its jurisdiction over that crime. The Commission's work during the session will continue to be conducted in two working groups on elements of crimes and rules of procedure and evidence.

The Court will be established only after 60 States ratify the Statute which created it at the Rome United Nations Diplomatic Conference of Plenipotentiaries last year.

This morning's meeting was the Commission's fourth plenary since it began work last February.

Other officers of the Preparatory Commission are Vice-Chairmen George Winston McKenzie (Trinidad and Tobago, Medard R. Rwelamira (South Africa), and Muhamed Sacirbey (Bosnia and Herzegovina). Sala Suheimat (Jordan) is Rapporteur of the Preparatory Commission.

The Commission will meet again in plenary on Friday, 30 July, to hear a statement by the President of the International Criminal Tribunal for the Former Yugoslavia, Judge Gabrielle Kirk McDonald.

Statements

PHILIPPE KIRSCH (Canada), opening the first plenary meeting of the second session, reminded delegations of the tremendous amount of work ahead of them to complete the Commission's task. He recalled that the Commission's mandate called for the completion of its work on the rules of procedure and evidence and the elements of crimes by 30 June 2000. To do that, the Commission must ensure that all available time was used efficiently.

Outlining the current session's work plan, he said that provisionally two plenary meetings had been set aside for coordinators to brief on the progress of their work. For the first week and a half, the Working Groups on the Elements of Crimes and the Rules of Procedure and Evidence (Parts 5, 6 and 8 of the Court's Statute) would resume their work. In the second week, beginning 5 August, the Rules of Procedure dealing with Part 4 of the Statute would be discussed. In accordance with the work plan, work must be completed on the Elements of Crimes at the present session. Every effort should be made for the Commission to complete its work plan at every session.

He said inter-sessional meetings dealing with the issues of the Rules of Procedure and Evidence had been useful. The April Paris meeting had dealt with the issues of victims. Another inter-sessional meeting on the same

ICC Preparatory Commission - 3 - Press Release L/2929 4th Meeting (AM) 26 July 1999

subject was held in Siracusa, Italy. He hoped the products of those meetings would facilitate the task of the Working Group on the Rules of Procedure and Evidence.

He announced that Judge Gabrielle Kirk McDonald, President of the International Criminal Tribunal for the Former Yugoslavia, would address the session on Friday, 30 July.

FRANÇOIS ALABRUNE (France) said that his delegation wished to keep the objectives set for the work of the session in focus. On the Paris inter- sessional meeting, there were about 60 experts speaking in their personal capacity, as well as representatives from States, non-governmental organizations (NGOs) and several independent observers. The report from that meeting was available in the form of an information document to be discussed during the current session of the Preparatory Commission. He noted that, at this afternoon's meeting, the French delegation intended to discuss the salient elements from that report.

Among developments pursued at the Paris meeting, he said that the position of victims before the International Criminal Court and transparency of the Court's work had been discussed. In addition, four elements of the Rome Statute had been taken into account, including participation in other stages of procedure of the Court's work, as well as protection of victims.

SILVIA FERNANDEZ DE GURMENDI (Argentina) said that the Siracusa meeting was useful in the acceleration of the Preparatory Committee's work. She emphasized that that meeting had been open to all States and NGOs, and representatives of the International Criminal Tribunal for the Former Yugoslavia had also attended. She noted that, among others, Part 6 of the Statute regarding trials and meetings had been considered, and useful and new proposals were now being brought to the Preparatory Commission. They were able to combine all of those proposals and they had been put into a discussion document to facilitate debate, particularly on Parts 5, 6 and 8 of the Statute, at the Preparatory Commission.

UMBERTO LEANZA (Italy) announced that the Italian Parliament had completed the process of ratification of the Statute of the International Criminal Court. The necessary work would be undertaken to adapt the provisions of the Statute to domestic legislation. The instrument of ratification would be deposited with the Secretary-General. Italy would redouble efforts to ensure that the Statute was ratified by a greater number of countries.

He appealed to countries which have signed the Statute to ratify it before June next year. International mobilization was necessary to ensure that the largest number of States do so, he said, adding that any delay would deprive the international community of the pursuit of justice and the punishment of offenders.

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