PREPARATORY COMMISSION FOR INTERNATIONAL CRIMINAL COURT BEGINS FOURTH SESSION

Press Release
L/2948

PREPARATORY COMMISSION FOR INTERNATIONAL CRIMINAL COURT BEGINS FOURTH SESSION

The Preparatory Commission for the International Criminal Court this morning began its fourth session of negotiations on the elaboration of the rules and guidelines necessary to the eventual functioning of the Court.

During the session, from 13 March to 31 March, the Commission will be conducting a “second reading” of texts on the Rules of Procedure and Evidence and Elements of Crimes from a document that represents a consolidation of the results of the discussions of the three previous sessions. Muhamed Sacirbey (Bosnia and Herzegovina), the Vice-Chairman, who opened today's session, said the current document would facilitate the second reading and allow delegates to begin to focus on the structure of the final text.

In light of the complexity of the tasks assigned to the Commission, the General Assembly approved an additional two sessions, the current one and another, from 27 November to 8 December.

The mandate of the Commission calls for a completion of work by 30 June on the Rules of Procedure and Evidence and Elements of Crimes. The rules cover such issues as composition and administration of the Court, penalties for crimes, obligations of international cooperation and assistance, as well as enforcement of sentences. On the matter of crimes within the Court's jurisdiction -- genocide, war crimes and crimes against humanity -- the Commission is at work identifying what elements constitute those crimes. In the category of crimes against humanity, such crimes as murder, enslavement, extermination, persecution, disappearance and sexual crimes are under discussion.

During this morning's meeting, the representative of Brazil announced that his country had signed the Rome Statute on 7 February and consultations had been held with a view to expediting the ratification procedures. Noting that Brazil had benefited from the experience of other countries with the ratification process, he offered to share Brazil's recently gained expertise with interested delegations. The nearly 100 countries that had signed the Statute and the steady rise in new ratifications indicated the international community’s firm resolve to see the Court in action soon. Brazil shared that sense of urgency, he said.

The Court, which is to be a permanent judicial body with jurisdiction over crimes committed by individuals, will become operational once the treaty establishing it, known as the Rome Statute, receives 60 ratifications. Crimes

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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 Preparatory Commission's work 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 Rwanda, may participate as observers. Non-governmental organizations may participate in the Commission's open meetings.

The officers of the Commission are as follows: Philippe Kirsch (Canada), Chairman; Vice-Chairpersons George Winston (Trinidad and Tobago), Medard R. Rwelamira (South Africa) and Muhamed Sacirbey (Bosnia and Herzegovina). The Rapporteur is Salah Suheimat (Jordan).

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

Statement

In opening remarks, MUHAMED SACIRBEY (Bosnia and Herzegovina), Vice-Chairman, opened the session on behalf of the Chairman, Philippe Kirsch (Canada) who was delayed in Geneva, until later in the week.

He reminded delegates of the names and assignments of the Coordinators of the Commission, as follows: Herman Von Hebel (Netherlands), Coordinator for the Elements of Crime; Silvia Fernandez de Gurmendi (Argentina), Coordinator for the Rules of Evidence and Procedure; Medard Rwelamira (South Africa), Coordinator for the Rules of Procedure and Evidence relating to Part 4—Composition and Administration of the Court; Rolf Fife (Norway), Coordinator for the Rules of Procedure and Evidence relating to Part 7—Penalties; Phakiso Mochochoko (Lesotho), Coordinator for the Rules of Procedure and Evidence relating to Part 9—International Cooperation and Judicial Assistance; and, Tuvako Manongi (United Republic of Tanzania), Coordinator of the Working Group on the Crime of Aggression.

At its last session, the Commission had been able to complete the first reading of the two items for which there was a 30 June deadline, the Rules of Procedure and Evidence and the Elements of Crimes, he said. To facilitate the task of a second reading, the Secretariat had been requested to prepare an organized and consolidated text of those two items based on the results of the previous three sessions (document PCNICC/1999/L.5/Rev.1 and Add.1 and 2). The organized presentation of the two instruments would make a second reading easier, inasmuch as all the provisions had been placed in sequential order. Furthermore, the document would allow delegates to begin to think about the structure of the documents, a decision on which would have to be taken at the June session.

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A revised work plan had been circulated, he said, pointing out that, so far, the only change was that in the afternoon, the working group on Part 8, instead of Part 4, would meet. The schedule for informal meetings would be available later in the day. He added that Judge Richard George May (United Kingdom) from the Yugoslav Tribunal would address the Commission on Monday, 20 March.

He also reminded delegates of the Contact Points for other outstanding issues of the Commission’s mandate, as follows: Hiroshi Kawamura (Japan) for financial regulations and rules, a budget for the first financial year, and the rules of procedure for the Assembly of State Parties; and Cristian Maquieira (Chile) for a relationship agreement between the Court and the United Nations, a headquarters agreement between the Court and the host country, an agreement on the privileges and immunities of the Court, and the request contained in paragragh 4 of General Assembly resolution 53/105 and reiterated in paragraph 3 of resolution 54/105 [which states among other things, “to discuss ways to enhance the effectiveness and acceptance of the Court”]. The Contact Points were encouraged to give thought to what might be needed or useful for planning purposes.

He expressed appreciation to the Italian government and the International Institute of Higher Studies in Criminal Sciences for hosting an inter-sessional meeting in Siracusa, Italy to address pending issues on Elements of Crimes (document PNICC/2000/WGEC/INF/1).

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