PRELIMINARY WORK ON IDENTIFICATION OF WAR CRIMES NOW COMPLETED, GROUP COORDINATORS TELL INTERNATIONAL COURT PREPARATORY BODY

Press Release
L/2937

PRELIMINARY WORK ON IDENTIFICATION OF WAR CRIMES NOW COMPLETED, GROUP COORDINATORS TELL INTERNATIONAL COURT PREPARATORY BODY

Preliminary work on identifying what constitutes war crimes has been completed, the Preparatory Commission for the International Criminal Court was informed this morning as it heard progress reports by the coordinators of its working groups.

The Coordinator of the Working Group on Elements of Crime said the Group had managed to finalize, in a first reading, the elements of crime for war crimes. [A first reading is understood to indicate general agreement on the framework and the provisions of a text; while a second reading generally reflects refinements to the language of the text, elimination of inconsistencies, and finalization of pending issues.] There were now provisions relating to conduct of hostilities, certain prohibited weapons and deportation and transfer, as well as the elements of crimes for internal armed conflict. The Group had now begun a discussion of crimes against humanity, and was proceeding at a steady pace on the subject.

Concerning the Rules of Procedure and Evidence, the Commission was given updates on work related to the composition and administration of the Court, penalties, and international cooperation and judicial assistance. An oral report was also given on last week’s first meeting of the Working Group on Crime of Aggression.

The Coordinator said the Working Group on Crime of Aggression had begun the process of identifying an appropriate conceptual framework for defining the crime of aggression. During the initial discussion, some sought a definition primarily based on the Charter and on the jurisprudence of the Nuremberg and Tokyo tribunals. Others sought to proceed from the definition of aggression by States enshrined in General Assembly resolution 3314 of 1974. Still others expressed the benefits of recognizing some elements contained in the Draft Code of Crimes against the Peace and Security of Mankind, and the Declaration on Friendly Relations (General Assembly resolution 2625). Another important issue in the search for a definition continued to be the role of the Security Council, he said, adding that further consultations were needed on whether the Council should have sole discretion in determining the existence of an act of aggression.

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, in particular, Rules of Procedure and Evidence and Elements of Crime, 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.

ICC Preparatory Commission - 2 - Press Release L/2937 10th Meeting (AM) 6 December 1999

So far, the treaty establishing the Court has received six of the 60 ratifications needed for the Court to enter into force and become operational. The six countries which ratified what is known as the Rome Statute are Senegal, Trinidad and Tobago, San Marino, Italy, Ghana and Fiji. The Statute was adopted in 1998 in Rome 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.

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 on Monday, 13 December.

Progress Reports by Coordinators of Working Groups

HERMAN VON HEBEL (Netherlands), Coordinator of the Working Group on Elements of Crime, said substantial progress had been made in the past week. The Group had managed to finalize in a first reading the elements of crime for war crimes. There were now provisions relating to conduct of hostilities, certain prohibited weapons and deportation and transfer, as well as the elements of crimes for internal armed conflict. The Group had now begun a discussion on crimes against humanity, and was proceeding at a steady pace on the subject.

The Commission Chairman said that as there had been no meetings of the Working Group on the Rules of Procedure and Evidence, there would be no report yet from Silvia Fernandez de Gurmendi (Argentina), the Coordinator, on the subject.

MEDARD RWELAMIRA (South Africa), Coordinator of the Working Group on the Rules of Procedure and Evidence relating to the composition and administration of the Court, in his oral report, said the Group had informal consultations on rules that would govern plenary sessions of the Court, the functions of the prosecutor, qualification and election of the Court’s registrar and deputy registrar, as well as the general organization and administration of the Office of the Prosecutor. The outcome of those consultations had been presented to the Group as a whole.

ICC Preparatory Commission - 3 - Press Release L/2937 10th Meeting (AM) 6 December 1999

Although the present discussions had covered rules relating to the organization of the Court, there were a number of issues still to be considered. The group would discuss rules relating to languages, the defence counsel unit, witness and victim protection unit, as well as the organization of the Office of the Registrar. He said discussions in the Working Group had so far been encouraging.

ROLF FIFE (Norway), Coordinator of the Working Group on the Rules of Procedure and Evidence relating to part 7 on penalties, said the Group had just started work last week, with one meeting having been held so far. The Group was currently considering several proposals. A rich variety of views had been presented in a constructive and business-like manner.

PHAKISO MOCHOCHOKO (Lesotho), Coordinator of the Working Group on the Rules of Procedure and Evidence relating to international cooperation and judicial assistance (parts 9 and 10 of the Statute), said the Group had been able to consider all proposals related to those subjects. While good progress had been made on some issues in the rolling texts, work still needed to be done on others before the rest of the part 9 rules could be reconsidered by the Working Group.

Proposals related to part 10 were quite comprehensive and raised a number of controversial and sensitive issues. More time was, therefore, required for their consideration, he added. Almost half of the proposals under part 10 had been discussed. Steady progress had been made on the Rules already considered in the Working Group and in respect of which the Coordinator had issued a rolling text. Informal consultations on the text were to be continued immediately after the adjournment of this morning’s plenary. It was hoped to finalize the reading by the end of the day to allow the Coordinator time to revise the text in the light of comments made.

TUVAKO MANONGI (United Republic of Tanzania), Coordinator of the Working Group on Crime of Aggression, said that at its first meeting last week the Group had discussed what would be an appropriate conceptual framework to adopt in defining the crime of aggression. Some sought a definition that was primarily based on the Charter and the jurisprudence of the Nuremberg and Tokyo tribunals. Others sought a definition rooted in General Assembly resolution 3314. Still others expressed the benefits of recognizing some elements contained in the Draft Code of Crimes against the Peace and Security of Mankind and the Declaration on Friendly Relations (General Assembly resolution 2625).

The Group also discussed whether the definition should be enumerative, abstract or a combination of the two, he continued. Another important issue in the search for a definition continued to be the role of the Security Council. While there was general agreement that the Charter ascribes a role for the Council, further consultations were needed as to whether the Council should have sole discretion in determining the existence of an act of aggression. All those issues were still on the table, he said.

* *** *