CRIMINAL COURT"S PREPATORY COMMISSION BEGINS THIRD SESSION; WELCOMES FIJI"S RATIFICATION OF ROME STATUTE

Press Release
L/2936

CRIMINAL COURT’S PREPATORY COMMISSION BEGINS THIRD SESSION; WELCOMES FIJI’S RATIFICATION OF ROME STATUTE

Working Group on Crime of Aggression to Start Work Today

The announcement that Fiji had ratified the Statute of the International Criminal Court this morning –- which means that the instrument has received six of the 60 ratifications needed for it to enter into force and the Court to become operational -- drew applause as the Court’s Preparatory Commission began its third session.

This morning’s opening meeting consisted primarily of the Chairman’s opening statement, in which he announced the assignment of working-group coordination among Preparatory Commission members. At this session, which concludes on 17 December, the Commission’s main task is to continue elaborating the rules necessary for the functioning of the Court, for which it has a June 2000 deadline. Among other issues on its agenda is the elaboration of a legal definition of the crime of aggression. The Chairman announced that the newly formed working group on that subject would hold its first meeting this morning (in closed session), immediately after the adjournment of the plenary meeting.

Amraiya Naidu (Fiji), announcing the ratification, hailed the open and constructive atmosphere in which deliberations were being held. Fiji, as a troop- contributing country, had lost 36 peacekeepers in operations around the world; he was thus particularly pleased that the Court’s Statute extended protection to peacekeepers and humanitarian workers.

Fiji joins Senegal, Trinidad and Tobago, San Marino, Italy and Ghana as States parties to the Statute, referred to as the Rome Statute since its adoption in 1998 by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court. According to the Preparatory Commission’s establishing resolution (adopted by that Conference), and General Assembly resolution 53/105, the Commission is to finalize two key texts -– Rules of Procedure and Evidence and Elements of Crimes -– before 30 June 2000.

At its second session (26 July to 13 August 1999), the Preparatory Commission’s working group on the Rules of Procedure and Evidence concentrated on rules pertaining to: the composition and administration of the Court; the pre-trial and investigation phases; and trial and appeals procedures. The working group on the Elements of Crimes focused on elements of war crimes, including conduct of hostilities and weapons.

The Court is to be a permanent judicial body with jurisdiction only over crimes committed by individuals. Crimes within its purview include genocide; war crimes; and crimes against humanity. Once the working group on aggression completes its work, it is envisaged that the Court will also be able to try individuals for that crime. The International Criminal Court will complement national judicial systems, assuming jurisdiction only when it determines that they are unwilling or unable to prosecute. States parties to the Rome Statute, the Security Council and the Court’s own Prosecutor will all be authorized to bring cases before it.

Participation in the work of the Preparatory Commission is open to all States that were invited to the Rome Conference, including those that have not yet signed the Statute. Representatives of relevant regional intergovernmental organizations and international bodies, including the International Tribunals for the former Yugoslavia and for Rwanda, may participate as observers. Non-governmental organizations may participate in the Commission’s open meetings.

The Commission will hold its next plenary meeting at a date to be announced.

Chairman’s opening statement

Opening the session, the Chairman of the Preparatory Commission, Philippe Kirsch (Canada), said the Commission’s mandate was daunting and included highly complex issues. Every effort must be made to ensure that its work was of high quality and was conducted in conformity with the Rome Statute.

He said the goal of the Preparatory Commission at this session was to have the Rules of Procedure and Evidence and the Elements of Crimes ready for a first reading. For that goal to be achieved, participants should not be distracted by marginal issues, but must remain flexible. The Commission’s next two sessions would provide an opportunity to take a second look at the texts.

He identified the coordinators of the working groups on various issues as follows: Herman von Hebel (Netherlands), Elements of Crimes; Silvia Fernandez de Gurmendi (Argentina), Rules of Procedure and Evidence; Medard Rwelamira (South Africa), Rules of Procedure and Evidence relating to Part 4 of the Statute (composition and administration of the Court); Rolf Fife (Norway), Rules of Procedure and Evidence relating to Part 7 of the Statute (penalties); Phakiso Mochochoko, (Lesotho), Rules of Procedure and Evidence relating to Part 9 of the Statute (international cooperation and judicial assistance); and Tuvako Manongi (United Republic of Tanzania), aggression.

He also announced that Hiroshi Kawamura (Japan) would serve as contact point for the following issues: draft financial regulations and rules; budget for the first financial year; and rules of procedure of the Assembly of States Parties. Cristian Maquieira (Chile) was to serve as contact point for the following issues: draft agreement to govern the relationship between the Court and the United Nations; draft headquarters agreement to be concluded between the Court and the host country (Netherlands); and draft agreement on privileges and immunities of the Court.

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