PREPARATORY COMMISSION FOR INTERNATIONAL CONCLUDES TENTH AND FINAL SESSIONCRIMINAL COURT
Preparatory Commission for L/3010
International Criminal Court 12 July 2002
42nd Meeting (PM)
PREPARATORY COMMISSION FOR INTERNATIONAL CRIMINAL COURT
CONCLUDES TENTH AND FINAL SESSION
Report Will Be Submitted to Assembly of States Parties in New York, 3-10 September
The Preparatory Commission for the International Criminal Court (ICC) adopted the report of its tenth and final session at the end of a two-week series of meetings today.
The report, along with several draft resolutions and decisions, will be submitted to the Assembly of States Parties when it meets in New York from
3 to 10 September.
Commission Chairman Philippe Kirsch (Canada) said the Commission could be proud that it had provided the Court with sufficient tools to begin its operations. The Commission had achieved a degree of unity probably much greater than had been expected when the Court's Statute had been adopted at the Rome conference.
He stressed that nothing could be done that would undermine the integrity of the Rome Statute. He could see no cause for satisfaction in current Security Council deliberations on immunity of peacekeepers from the Court’s jurisdiction, even if the Rome Statute remained intact. If an acceptable solution was eventually found to Council discussions, it would remain a solution in search of a problem. Other pretexts would likely be advanced in the future with a view to weakening the Court, and it would need continued vigilance.
During the meeting, the coordinators of the following Working Groups presented reports: Assembly of States Parties Preparatory Documents; Financial Rules –- remuneration of judges, prosecutor and registrar; Victims Trust Fund; and the Crime of Aggression.
Among the wide number of issues addressed, the Groups concluded a resolution on the procedure for nomination and election of members to the Board of Directors of the Victims Trust Fund; considered a rolling text on the nomination and election of judges, the prosecutor and deputy prosecutors, although consensus on the election of judges had not been reached; agreed on the composition of the Bureau for the Assembly of States Parties, and indicated that broad support existed for a suggestion that the Permanent Representative of Jordan, Zeid Al Hussein, be elected President of the Assembly; completed the budget; drew up
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ICC Preparatory Commission - 1a - Press Release L/3010
42nd Meeting (PM) 12 July 2002
conditions of service for both full-time and part-time judges; and agreed on a draft resolution recommending that the Assembly of States Parties set up a special working group on the crime of aggression.
Speakers on various other issues also presented reports. Those issues included the draft agreement on the privileges and immunities of the Court, the post of Director of Common Services, and an international criminal bar. The Rapporteur took the floor to report on the work of the session.
The representatives of Cuba, Cameroon, Iraq, and East Timor also spoke. Denmark (on behalf of the European Union), Mexico (on behalf of the Latin American and Caribbean Group), and Cyprus expressed thanks to the coordinators and the Chairman.
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Working Group Reports
Working Group for Victims Trust Fund
GAILE RAMOUTAR (Trinidad and Tobago), Coordinator of the Working Group for the Victims Trust Fund, presented the report. She said that, by the terms of an annex to the draft resolution on the establishment of a fund, the Assembly would establish a Board of Directors of the Trust Fund. The Board would consist of five members elected for a three-year term serving on a pro-bono basis. The Group had agreed to a request that members of the Board prepare suggestions for criteria for the management of the Trust Fund. The Group also concluded a resolution on the procedure for nomination and election of members of the Board of Directors. That resolution was closely modelled along the lines of the resolution on the election of members of the Committee on Budget and Finance with some modification.
The Commission then adopted the report of the Working Group.
Working Group on Assembly of States Parties Preparatory Documents
SAIED MIRZAEE-YENGEJEH (Iran), Coordinator of the Working Group on the Assembly of States Parties Preparatory Documents, said the Group had had before it several issues. They included: procedures for the nomination and election of the judges, prosecutor and deputy prosecutors of the Court; the nomination and election procedures of the Committee on Budget and Finance; the draft provisional agenda for the first session of the Assembly; and the question of the composition of the Assembly’s Bureau. The Group had also considered proposals on the establishment of a permanent secretariat for the Assembly and for seating arrangements in the Assembly.
On the nomination and election of judges, the prosecutor and deputy prosecutors, he said the Group had before it a rolling text that he had prepared with the assistance of the Secretariat. While the Group had been able to adopt most of the provisions in the form of a draft resolution to the Assembly, it was not able to complete the entire text. A consensus text on the election of judges during informal consultations on the matter had not been reached. At the present time, therefore, the Group did not have a proposed text for the election procedures for the judges. As the procedure was not yet completed, delegations would continue to consider proposals.
Regarding the nomination and election procedures of the Committee on Budget and Finance, he said the Group had successfully concluded its consideration of the item and adopted a draft resolution on that issue. On the draft provisional agenda for the first session of the Assembly, the Group had continued its consideration of a draft prepared by the Secretariat tabled at the ninth session. The Group had adopted the draft provisional agenda, as contained in document PCNICC/2002/WGASP-PD/L.10.
Turning to the composition of the Bureau for the Assembly of States Parties, he said the Group had agreed that the initial composition of the Bureau need not be subject to a formal decision. On the basis of consultations, it had been decided that the initial composition of the Bureau would be as follows: African Group, five seats; Asian Group, three seats; Eastern European Group, three seats; Group of Latin American and Caribbean States, four seats; and the Western European and Other States Group, six seats. Broad support existed for a suggestion that the Permanent Representative of Jordan, Zeid Al Hussein, be elected President of the Assembly.
Although a final agreement on the distribution of the Bureau’s “core functions” had not been reached, agreement was close and would be based on bringing the number of core functions in line with the number of regional groups, he said. As a first step, the core functions within the Bureau, other than the President, would comprise two vice-presidents, as provided for in the Statute, and the post of a rapporteur, which was not mentioned in the Statute. It was also suggested that the Chairman of the Credentials Committee, who would be appointed by the Assembly on the proposal of the President, should be considered a core function. The post would be held by a member from the regional group that had not yet been attributed a core function. Such a proposal would grant all regional groups access to the core functions of the Assembly.
The Group had also considered several proposals on the establishment of the permanent secretariat for the Assembly of States Parties, he continued. Document PCNICC/2002/WGASP-PD/L.8 contained a draft recommendation on the seating arrangements for States Parties in the Assembly. He recommended that the Commission adopt the collective report of the Working Group together with his oral corrections and that it take note of the understandings he read out on the composition of the Bureau of the Assembly.
The Commission then adopted the resolutions and recommendations of the Working Group on Assembly of States Parties Preparatory Documents.
Working Group on First Year Budget
The Working Group on the First Year Budget had completed the budget and inserted necessary changes, said VALENTIN ZELLWEGER (Switzerland).
During the session, the Group had adopted seven resolutions and decisions of the Assembly of States Parties, he continued. Those included: the budget for the first financial period of the Court; a draft decision on participation of the Court in the United Nations Joint Staff Pension Fund; a draft resolution on budget appropriations for the first financial period and financing of appropriations for the first financial period; a draft resolution on scales of assessments for apportionment of the Court’s expenses; a draft resolution on the Working Capital Fund for the first financial period; a draft decision on the provision of funds for the Court; a draft decision on interim arrangements for exercising authority before the Registrar takes office; and a draft resolution on selection of the staff of the Court. The Coordinator recommended that the Commission adopt those documents.
Working Group on Financial Issues
JOHN HOLMES (Canada), Coordinator for the Working Group on Financial Issues –- remuneration of judges, the prosecutor and the registrar –- informed the meeting that conditions of service for both full-time and part-time judges had been drawn up and forwarded to the Commission.
Working Group on Crime of Aggression
SILVIA FERNANDEZ DE GURMENDI (Argentina), Coordinator for the Working Group on the Crime of Aggression, had created a rolling text on the crime of aggression and conditions for exercising jurisdiction, which included draft elements of crimes.
The Group had also agreed on a draft resolution on continuing its work, which recommended that the Assembly of States Parties set up a special working group on the crime of aggression to draw up proposals for a provision on aggression. Further to the text, the Bureau of the Assembly was requested to prepare a proposal for that Group’s meetings, which would be submitted at the earliest possible session, so that the first meeting of the special group could be held in 2003.
Additional Issues
IRENE GARTER (Austria), focal point for technical issues on the draft agreement on the privileges and immunities of the Court, said informal consultations had focused on article 33 -– signature, ratification, acceptance, approval or accession -- of the draft agreement, including the possibility that the draft agreement would be open for signature during the first meeting of the Assembly at United Nations Headquarters in New York in September 2002. A decision was yet to be taken on when the draft agreement would be closed for signature.
Consultations had also focused on the organ responsible for receiving and circulating written communications for amendments under article 35, she added. The suggestion was made that such functions be given to the Secretariat of the Assembly. She had consulted with a large number of delegations, and agreement on a text had been reached. She recommended that the Preparatory Commission adopt the text and include it in its report.
The Commission then agreed with the recommendations for some technical modifications to articles 33 and 35.
PATRICIO RUEDAS (Spain), focal point for issues related to the post of Director of Common Services, said he had drafted a job description of that post. The Budget Group had proposed a draft decision contained in document PCNICC/2002/WGFYB/RT.15, which defined the regulatory limits within which the Director would perform his or her functions. Through the intersessional process, it would be possible to submit one of several candidates for the post.
HANS BAVERS (Netherlands) then briefed the Commission on consultations on an international criminal bar. After three days of bilateral consultations, delegations concluded that the idea of an international criminal bar needed to be encouraged. Many questions regarding the bar remained, however, in particular its internal structure. It was premature to advise the first Assembly to officially recognize the bar. A short text should be included in the Commission’s report in which it would take note of the holding of the Montreal meeting in June 2002, at which the international criminal bar was born. The Commission would recommend that the Assembly await further developments before taking further steps. The item should be included in the Assembly’s agenda at an appropriate time.
The Commission agreed with the recommendation of the focal point.
Ms. DE GURMENDI (Argentina), speaking as Chairperson of the Bureau’s subcommittee acting as interlocutor with the host country, said the subcommittee had met on two occasions. The interlocutor committee had received a report by the advance team in The Hague. The advance team had made progress in preparing its offices and had moved to the Court’s temporary location. There was growing awareness of the existence of the advance team by the media. The team would require additional experts hired on a short-term basis to carry out specific tasks. The advance team would maintain close contact with the interlocutory mechanism.
Statements
The Rapporteur, SALAH SUHEIMAT (Jordan), said that the Commission’s work was contained in two documents –- the Summary of Proceedings for the Tenth Session and the Report of the Preparatory Commission.
The Rapporteur recommended that the Commission take note of the Summary of Proceedings. That document noted that the Commission’s advance team of experts was already at work establishing the Court in the Netherlands, its host country. It also stated that the Chairman of the Commission had transmitted a statement about the Commission’s understanding of the proper relationship among the Court, the Security Council and United Nations peacekeeping operations.
Reporting on other developments, the Summary noted that the Commission had appointed three persons to serve as focal points for further consultations on the Assembly’s appointment of a Director of Common Services, creating an international criminal bar and outstanding technical issues arising from the Draft Agreement
on the Privileges and Immunities of the Court. Finally, the Summary stated that the Commission had decided the Assembly would hold its first meeting from 3 to
10 September 2002.
Turning to the Commission’s report, he said it included the revised draft budget for the Court’s first financial period and various draft resolutions and statements adopted by the Working Groups. He recommended that the Commission adopt the report in full, with the text of those drafts from the Working Groups.
SORAYA ELENA ALVAREZ (Cuba) expressed her thanks to the Bureau and paid tribute to the Chairman for his tireless work. Cuba had not ratified the Rome Statute because the crime of aggression had not yet been defined. In current circumstances, the Court’s independence could not be guaranteed. The Security Council did not have the authority to amend international treaties. Any imposition would be grave violation of the United Nations Charter, as well as international and treaty law. The definition of the crime of aggression and the independence of the Court were fundamental questions for the ratification of the Rome Statute. The creation of a special working group would be an important step for concluding work on the crime of aggression. The Court, not the Security Council, should determine when an act of aggression had been carried out by a State. She hoped an acceptable solution would be found.
JEAN DIEUDONNE NTSAMA (Cameroon) assured the Chairman of his country’s full cooperation to reach consensus on all remaining issues. All delegations must remain committed to the rules and principles of the Rome Statute, especially regarding the principle of equitable geographic distribution. Prior to submitting
candidacies, parties must know how many seats had been reserved for the regional groups. The International Criminal Court (ICC) was not an ad hoc tribunal.
ABDUL MUNIM AL-KAHDE (Iraq) said Iraq had not participated in the work of the session because its delegation had not been given permission to enter the country by United States authorities. Iraq’s delegation had submitted requests for visas more than 50 days in advance. The delegation that was to participate in the Preparatory Commission had participated in the Commission’s work since the Rome Conference. The fact that it did not obtain the necessary visas was not just a violation of the Headquarters agreement between the United Nations and the United States, but was also a violation of international law.
CONSTANCIO PINTO (East Timor) thanked the plenary for recognizing East Timor’s status as an independent country and allowing it to participate in the Commission. The new Government of East Timor regarded the establishment of the ICC as fundamental for putting an end to impunity and avoiding future atrocities. The Rome Statute would be in the first group of treaties acceded to by East Timor. In recent years, East Timor had suffered its own tragic experience. It had made provision in its Constitution to punish war crimes. East Timor called upon all States, particularly all Asian States, to join in the initiative. A strong Asian voice was needed to end impunity in the region. East Timor had achieved its long-desired freedom as a result of the concerted efforts of the international community. He hoped that the international community would ensure the success of a fair, independent Court.
Commission Chairman PHILIPPE KIRSCH (Canada) said the Commission could be proud that it had provided the Court with sufficient tools to begin its operations. What had been achieved was a product of multilateralism at work, and the tremendous cooperation between States and between States and non-governmental organizations in the common commitment had been most remarkable.
The Commission had achieved a degree of unity probably much greater than had been expected at the end of the Rome conference, he said. He stressed that nothing could be done that would undermine the integrity of the Rome Statute. Rome had been a historical achievement, and the quick entry into force of the Statute was a vibrant testimony of momentum that had been achieved.
However, he continued, the ICC must be aware of obstacles it would be facing. Regardless of the outcome of current deliberations in the Council, he could see no cause for satisfaction in that process, even if the Statute remained intact. Even if an acceptable solution was eventually found, it would remain a solution in search of a problem. Other pretexts would likely be advanced in the future with a view to weakening the Court, and it would need continued vigilance.
He paid tribute to all who had contributed to realizing the ICC, particularly the United Nations itself. It was within the walls of that Organization that the notion of the ICC was revitalized, nurtured and kept safe for many years. It was under the auspices of the United Nations that life had finally been breathed into the idea of a Court to try individuals that committed crimes that deeply shocked the conscience of humanity -– a Court designed to strike a death blow to impunity.
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