PREPARATORY COMMISSION FOR INTERNATIONAL CRIMINAL COURT TO MEET 24 SEPTEMBER - 5 OCTOBER

Background Release

PREPARATORY COMMISSION FOR INTERNATIONAL CRIMINAL COURT

TO MEET 24 SEPTEMBER - 5 OCTOBER

Of Necessary 60 Countries, 38 Have Ratified Treaty

The Preparatory Commission for the International Criminal Court, which has the task of negotiating practical arrangements to pave the way for the eventual functioning of the Court, will hold its eighth session from Monday, 24 September, to 5 October at United Nations Headquarters.

So far, the Court, which is to be a permanent judicial body that will investigate and bring to justice individuals who commit the most serious violations of international humanitarian law, namely, genocide, crimes against humanity and war crimes, has received almost two thirds of the necessary ratifications for the treaty establishing the Court -- referred to as the Rome Statute-- to come into force.  Thirty-eight of the needed 60 countries have ratified the treaty and 139 countries have signed it, including the United States just hours before the treaty closed for signing on 31 December 2000. 

The Commission currently has seven working groups dealing with the following issues:  definition of the crime of aggression; a relationship agreement between the Court and the United Nations; a relationship agreement between the Court and the host country of its headquarters (The Hague, Netherlands); financial rules and regulations for the Court; privileges and immunities of the Court; a first-year budget for the Court; and on rules of procedure of the Assembly of States Parties. The last two working groups were established at the Commission’s previous session from 26 February to 9 March. 

At its last session from 26 February to 9 March, Commission Chairman Philippe Kirsch (Canada) said, that although the Commission’s session had been “exceptionally productive”, additional meeting time in 2002 would be needed for unanticipated matters concerning the establishment and early stages of the Court’s operation.  The representative of the Netherlands informed the Commission then that a suitable site for the Court had already been identified in The Hague.  The Commission remains in existence until the conclusion of the first meeting of the Assembly of States Parties.

At its session in June 2000, the Commission met its mandated deadline of

30 June 2000 for finalization of the operational details of the Statute for the Court.  It adopted, by consensus, two key texts, one on Rules of Procedure and Evidence and the other on 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 initially within the Court's jurisdiction -- genocide, war crimes and crimes against humanity -- the Commission identified the elements that constituted those crimes.

At the Rome Conference, where the International Criminal Court treaty was adopted on 17 July 1998, the Commission was also specifically requested to prepare proposals on the elements and conditions under which the Court could exercise its jurisdiction over the crime of aggression.  Once agreement is reached on a legal definition of that crime, the draft text will be presented to an International Criminal Court amendment conference, which may be convened seven years after the Court becomes operational.  In the meantime, the working group is discussing various proposals on the subject.

A review conference of States Parties would also have the authority to include other crimes under its jurisdiction.  During the Rome Conference, some speakers called for such issues as terrorism, international drug trafficking and use or threat of use of nuclear weapons to be covered by the Court.  There was concern, however, about overtaxing the Court in its initial stages.  A door was left open, though, for their future inclusion. 

Participation in the work of the Commission is open to all States that were invited to the Rome Conference, including those which 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 also may participate in the Commission’s open meetings. 

The 13-part Statute of the International Criminal Court was adopted by an unrecorded vote of 120 in favour to 7 against, with 21 abstentions, on 17 July 1998 at the Rome Conference.  States Parties to the Rome Statute, the Security Council and the Court’s Prosecutor will have the power to bring cases before the Court, which will be presided over by judges from 18 different countries.  It will have an independent Prosecutor elected through secret ballot by States that have ratified the Statute.  The Court will not have the power to prosecute for crimes committed prior to the coming into force of the Statute.

Officers of Commission

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

The Coordinators for the various issues are:  Crime of Aggression, Tuvako Manongi (United Republic of Tanzania); Relationship Agreement between the Court and the United Nations, Cristian Maquieira (Chile); Financial Regulations and Rules of the Court, Georg Witschel (Germany); and, Agreement on the Privileges and Immunities of the Court, Phakiso Mochochoko (Lesotho).

To facilitate its tasks at future sessions, the Preparatory Commission designated the following persons as contact points for the remaining items:  Saeid Mirzaee-Yengejeh (Iran), for Rules of Procedure of the Assembly of States Parties

and for a budget for the first financial year; and Zsolt Hetesy (Hungary), for the basic principles governing a headquarters agreement to be negotiated between the Court and the host country, and for general issues.

Ratifying Countries

The following 38 countries have ratified the Rome Statute as of 6 September 2001:  Andorra, Antigua and Barbuda, Argentina, Austria, Belgium, Belize, Botswana, Canada, Costa Rica, Croatia, Denmark, Dominica, Fiji, Finland, France, Gabon, Germany, Ghana, Iceland, Italy, Lesotho, Luxembourg, Mali, Marshall Islands, Netherlands, New Zealand, Norway, Paraguay, San Marino, Senegal, Sierra Leone, South Africa, Spain, Sweden, Tajikistan, Trinidad and Tobago, Venezuela and Yugoslavia.

Documentation

Documents being considered during this session include:

-- Proceedings of the International Criminal Court Preparatory Commission at its seventh session (PCNICC/2001/L.1 and its annexes Rev.1/Add.1 to 4);

-- Draft budget for the first financial year of the Court (PCNICC/2001/WGFYB/L.1);

-- Draft financial regulations and rules (PCNICC/2001/WGFIRR/RT.1); and

-Draft agreement on the privileges and immunities of the Court (PCNICC/2001/WGAPIC/RT.1 and RT.2).

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