According to the draft statute, the international criminal court will be a
permanent court with the power to investigate and bring to justice
individuals who commit the most serious crimes of concern to the
international community, such as genocide, war crimes and crimes against
humanity.
The idea of a permanent court began with the unsuccessful attempt to
establish an international tribunal after the First World War. Following the
Second World War, the Nuremberg and Tokyo war crime tribunals set the stage
for efforts to create a permanent court. It was first considered at the
United Nations in the context of the adoption of the 1948 Convention on the
Prevention and Punishment of the Crime of Genocide. Further development of
the notion was effectively forestalled through differences of opinions for
many years.
In 1992, the General Assembly directed the International Law Commission to
elaborate a draft statute for an international criminal court (resolution
47/33). Further public interest was created by the establishment of the
International Criminal Tribunals for the former Yugoslavia in 1993 and for
Rwanda in 1994.
In December 1994, the General Assembly, by resolution 49/53, established an
Ad Hoc Committee opened to all Member States or members of specialized
agencies to review the major substantive and administrative issues arising
from the International Law Commission's draft statute. The following year,
the Assembly established the Preparatory Committee with the mandate to draft
a widely acceptable consolidated text of a convention for an international
criminal court based on the International Law Commission's draft statute
(resolution 50/46).
In its original format, the 60-article draft statute of the proposed
international criminal court details the court's relationship with the
United Nations; composition and administration; jurisdiction and applicable
law; investigation and advancement of prosecution; trial; appeal and review;
international cooperation and judicial assistance; and enforcement.
Officers
The Chairman of the Preparatory Committee is Adriaan Bos (Netherlands). The
Vice-Chairmen are Cherif Basssiouni (Egypt); Silvia Fernandez de Gurmendi
(Argentina) and Marek Madej (Poland). The Rapporteur is Masataka Okano
(Japan).