NEW ZEALAND TO PROCEED WITH RATIFICATION OF INTERNATIONAL CRIMINAL COURT TREATY, PREPARATORY COMMISSION TOLD

Press Release
L/2950

NEW ZEALAND TO PROCEED WITH RATIFICATION OF INTERNATIONAL CRIMINAL COURT TREATY, PREPARATORY COMMISSION TOLD

New Zealand announced its decision to proceed with ratification of the treaty on the International Criminal Court this morning, as the Preparatory Commission for the International Criminal Court continued its work on formulating the rules and guidelines necessary for the eventual functioning of the Court.

The representative of New Zealand told the Commission that her country expected to be able to ratify the Court’s treaty by the end of the year. She further informed the Commission that the accompanying legislation would allow the Court to be able to sit and carry out investigations in New Zealand. Also, it would provide for the possibility of the Court prisoners serving their sentences in New Zealand prisons. She encouraged other delegations to consider that aspect, saying that the more countries that were willing to accept prisoners, the less onerous an obligation it would be on individual countries.

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. So far, over 90 countries have signed the treaty and seven have ratified it (Senegal, Trinidad and Tobago, San Marino, Italy, Fiji, Ghana and Norway).

Also at this morning’s meeting, coordinators of several of the Commission’s working groups provided updates on their work.

Philippe Kirsch (Canada), Chairman of the Commission, said the statements by the Coordinators reflected good progress. However, they also indicated that certain issues needed to be considered with more care. He asked coordinators and delegations to make a special effort to see that delegates were notified of the time and nature of the informal consultations on outstanding issues.

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 working to identify 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.

ICC Preparatory Commission - 2 - Press Release L/2950 15th Meeting (AM) 27 March 2000

The Commission will hold its next plenary meeting on Friday, 31 March, at a time to be announced.

Progress Reports by Working Group Coordinators

HERMAN VON HEBEL (Netherlands), coordinator for the working group on Elements of Crime, said that as he had informed the Commission earlier, the first week the group had focussed primarily on the elements of crime for genocide. The group had now begun its first discussion of the elements of war crimes, and during the second week, it had focussed exclusively on that subject. The group had been able to solve a number of issues left over from the first reading. Last Friday, a rolling text on article 8 dealing with “grave breaches” had been presented and a number of fundamental questions had been clarified. A new rolling text on the remainder of article 8 would be ready today and would form the basis of discussion at this afternoon’s meeting of the group. The group intended to allocate time later in the week for a discussion of the general chapeau. The atmosphere in the group had been very good and enormous progress had been achieved. There was an awareness among delegations that much work needed to be finalized in the course of the week.

SILVIA FERNANDEZ DE GURMENDI (Argentina), coordinator for the working group on Rules of Procedure and Evidence, said that since presenting her last report, the group had held extensive informal consultations regarding Parts 2 (Jurisdiction, Admissibility and Applicable Law), 5 (Investigation and Prosecution) and 6 (The Trial) of the Rome Statute. Much time had been devoted to the question of victims. One of the principal tasks assigned to the group had been to review existing provisions and to make new proposals relating to victims so as to arrive at an integrated set of rules on proceedings and reparations.

She said that great progress had been made. Informal consultations would continue today. This afternoon, a formal meeting of the working group would discuss pending questions, among them the definition of victims. On other matters, there had been continuing informal consultations on Part 6 relating to evidence in cases of sexual violence. Progress had also been achieved on that question. A constructive atmosphere had marked the discussions and progress had been achieved in all the mentioned subject areas.

MEDARD RWELAMIRA (South Africa), coordinator for the working group on the Rules of Procedure and Evidence for Part 4 (Composition and Administration of the Court), said the group had held three sessions -- two informals and one formal meeting. Substantial progress had been made during the informals on a number of issues carried over from the first reading. The group had dealt with rules on procedure and grounds for disqualification, removal and excuse of judges, the prosecutor, the deputy prosecutor and the registrar. The group had also reviewed the rules relating to the organization of the Office of the Registrar, operation of the Registry and the keeping of records.

The group had started a discussion on rules relating to defense counsel and the witness and victims unit, he said. The group had considered new related proposals and hoped to take up some of the issues raised in the informals scheduled for later in the week. Although the consideration had had a slow start, most of the controversial issues had been virtually resolved and he was hopeful that the group would be able to finalize a text. A few areas of the text would probably require further discussion, most likely at the bilateral level. Given the flexibility shown so far by delegations, he was optimistic that the group would be able to find acceptable solutions to the remaining issues before Thursday, when the group was to meet to approve the rules.

PHAKISO MOCHOCHOKO (Lesotho), coordinator for the working group on the Rules of Procedure and Evidence relating to Part 9 (International Cooperation and Judicial Assistance) said that the group had practically concluded the second reading related to that part of the Statute. He would report further on Friday. Last Friday, the working group had considered two working papers, one of which had been adopted without problems. However, minor adjustments remained to be made to the second one.

TUVAKO MANONGI (United Republic of Tanzania), coordinator for the working group on the Crime of Aggression, said that while meeting on 20 March, the group had discussed proposals put forward by Italy on how best to proceed. Those proposals partly reflected similar ones made by the delegations of Australia and Egypt during the Preparatory Commission’s last session. The discussion had revealed that a number of critical issues required further consideration of both substance and form. The working group would continue to discuss those issues in the form of a non-paper to be presented this morning.

Statement by New Zealand

VICTORIA HALLUM (New Zealand) announced that her Government had taken the decision to proceed with ratification of the Rome Statute. The Statute had been presented to Parliament and referred to the Foreign Affairs, Defence and Trade Committee. Preparation for implementing legislation was under way and should be ready for introduction to Parliament in the next two to three months. The implementing legislation would create a number of new offences in New Zealand law and would provide for the Court to be able to sit and carry out investigations in New Zealand. Furthermore, the legislation would provide for the possibility of International Criminal Court prisoners serving their sentences in New Zealand prisons. She encouraged other delegations to consider that aspect, saying that the more countries that were willing to accept prisoners, the less onerous an obligation it would be on individual countries. New Zealand’s Foreign Minister had indicated that he hoped the legislation would be passed later this year , allowing for ratification of the Rome Statute by the end of the year.

Statement by Chairman

PHILIPPE KIRSCH (Canada), Chairman of the Commission, in reference to the Commission’s organization of work, said the statements by the Coordinators reflected good progress. However, they also indicated that certain issues needed to be considered with more care. As a result, the number of informal consultations had been multiplying. He expressed concern that sometimes those informals were taking place without other delegations being aware of them. Acknowledging that it was difficult to always ensure that all were informed, he

asked coordinators and delegations to make a special effort to see that delegates were notified of the time and nature of the informals.

With respect to the Commission’s work after June, by which time it was required to finish the Rules of Procedure and Evidence as well as the Elements of Crimes, he said the Bureau had begun a discussion of how the other outstanding issues within its mandate might best be approached and expected to be able to provide further information at the next meeting.

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