Courtesy of CICC

Following is a memorandum on issues and documents relevant to the Sixth Session of the UN Preparatory Committee on the Establishment of an ICC to be held from 16 March - 3 April, 1998.

Two new working groups will convene. Working Group 7 will discuss Composition and Administration of the Court and Final Clauses. Working Group 8 will discuss Establishment of the ICC and Relationship with the U.N. This group apparently will also be responsible for the preparation of the complete text for the Diplomatic Conference.

Working papers for each of the issues were distributed at the end of the December PrepCom. As soon as these are made available electronically by the UN, we will let members know.

We are sending this memo by fax and email to members of the CICC to assist them in their preparations for the last PrepCom. Most of the early proposals listed have been integrated into Vol.I and Vol.II of the Preparatory Committee Report, both of which are available online at http://www.igc.apc.org/icc.

We are eager to know (1) if members know of other important documents which should be added to these lists and (2) what papers members are preparing for the March PrepCom.

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List of Relevant Documents

for the 1998 Spring Session

of the Preparatory Committee

on the Establishment of an International Criminal Court

Two new working groups will operate in the 1998 Spring session of the Preparatory Committee. Working Group 7 will address both the issue of the Composition and Administration of the Court and the issue of Final Clauses.

Working Group 8 will deal with the Establishment of the ICC and Relationship with the U.N and the preparation of a text for the Diplomatic Conference.

Following you will find, a tentative list of documents relevant to the discussion topics mentioned above.

Working Group 7

Composition and Administration of the Court :

Main issues related to this topic include in particular: the Organs of the Court (article 5), Qualification and election of judges (article 6), the Presidency (article 8 ), Chambers (article 9), Independence of the judges (article 10), Excusing and disqualification of judges (article 11), the Procuracy (article 12), the Registry (article 13), Working languages (article 18), Rules of the Court (article 19).

Relevant Documents:

* Informal Paper on Part 2: Composition and Administration of the Court to be discussed at Prepcom of March/April 1998 Session, 11 December 1997, A/AC.249/WG.7/CRP.1. This preliminary document has been issued on the last day of the December 1998 prepcom in preparation for the Spring 1998 Preparatory Committee

* Composition and Administration of the Court, Vol.I of the Preparatory Committee Report, para 33-50, article 5 to 19, p.11 et s. Provisions contained in Volume I under Composition and administration of the Court arise from document L.12, Composition and administration of the Court issued by the Preparatory Committee on its August 1996 Session.

* Composition and Administration of the Court, Vol.II, articles 5 to 19, p. 7 to 54. Volume II integrated articles of the draft statute prepared by the International Law Commission on the "Composition and Administration of the Court" and proposals thereon submitted during the March-April and August phases of the Preparatory Committee's session.

The text on this topic in volume II is

"a compilation prepared by an informal working group and contains written proposals submitted by various delegations to the Preparatory Committee in the course of discussion on issues pertaining to the composition and administration of the ICC. Nothing in this compilation necessarily represents the final position of the delegations which submitted the proposals.

"The Compilation is not exhaustive and does not necessarily reflect any generally held views. The informal group did not discuss the proposals and does not wish to prejudge the future position of the delegations. The informal working group compiled notes submitted by certain delegations, Such compilation of notes is not intended to be comprehensive." [Vol II, p.7]

Relevant Documents:

* Organizational Questions (Composition and Administration of the Court), 26 August 1996 A/AC.249/L.12. This document was issued and adopted during the August 1996 Preparatory Committee. As previously noted, "L" documents of the August Prepcom were integrated in Vol.I of the Prepcom Report.

* Part II: Informal Compilation of Proposals on the Composition and Administration of the Court . A/AC.249/CRP.11. As previously noted "CRP" documents are included in Vol.II of the Prepcom Report. All comments, working papers, and proposals should have been reflected in the relevant sections of Volume I and II. All the following documents have been

integrated or compiled into CRP.11 above cited:

* Proposals on the organization of the Court: working paper submitted by Japan A/AC.249/L.8

* Proposal submitted by the UK for articles 5, 6 ,9 , and 12. (A/AC.249/WP.17)

* Proposal submitted by Austria for Articles 9 and 11. (A/AC.249/WP.18)

* Proposal submitted by Denmark for Article 6. (A/AC.249/WP.19)

* Proposal submitted by Portugal for Article 6. (A/AC.249/WP.20)

* Proposal submitted by the United States for Article 6. (A/AC.249/WP.22)

* Proposal submitted by the UK for article 6. (A/AC.249/WP.23)

* Proposal submitted by Singapore for article 6. (A/AC.249/WP.24)

* Proposal submitted by China for Article 6(3), (5) and (6) (A/AC.249/WP.25)

* Proposal submitted by Japan for Articles 6 and 13 (A/AC.249/WP.26)

* Proposal submitted by Switzerland for Articles 6 and 8 and 9 (A/AC.249/WP.27)

* Proposal submitted by Austria for article 9 (A/AC.249/WP.28)

* Proposal submitted by Singapore and Trinidad and Tobago (A/AC.249/WP.29)

* Proposal submitted by Finland for articles 6, 12 and 19 (A/AC.249/WP.30)

* Proposal submitted by Singapore for articles 8 to 10, 12 and 13. (

A/AC.249/WP.32)

* Proposal submitted by the US for articles 8 to 10, and 13. (A/AC.249/WP.34)

* Proposal submitted by the UK for Article 6. (A/AC.249/WP.38)

* Proposal submitted by Israel for articles 10(2), 11(2), (3) and 16(1). (A/AC.249/WP.42)

* Proposal submitted by Algeria, Egypt, Jordan, Kuwait, the Libyan Arab Jamahiriya, and Qatar on the organization of the Court. (A/AC.249/WP.43)

* Proposal submitted by Trinidad and Tobago for article 6. (-A/AC.249/WP.47)

Final Clauses:

Main issues dealt with under this heading include "Settlement of disputes", "Reservations", "Amendments", " Review of the Statute", "Signature, Ratification, Acceptance or Accession", "Entry into Force", "Withdrawal", "Final Act", "Establishment of a Preparatory Commission".

Relevant Documents:

* Draft Final Clauses dated 12 December 1997, no Symbol.This preliminary document has been issued on the last day of the December 1998 prepcom in preparation for the Spring 1998 Preparatory Committee

* L: Other Issues, para. 362-365, p.81, Vol.I of the Preparatory Committee Report on the Establishment of the ICC. Provisions contained in Volume I under L: other issues arise from document L.20 (Additional New Proposals) issued by the Preparatory Committee on its August 1996 Session.

* Possible Clauses of a Treaty to Accompany the Draft Statute , ILC 1994 Draft Statute: Appendix I, p. 146-147. We should note the absence in volume II of any reference to "Final Clauses", mentioned in the ILC 1994 Statute and in Volume I of the Preparatory Committee Report on the ICC.

* Danish Paper on review clause

Working Group 8

Establishment of the Court and Relationship with the United Nations

Main issues dealt with under this heading include "Financing of the Court" and "Organizational Matters" including "Relationship with the U.N.", the Establishment of a "Preparatory Commission", "Privileges and Immunities", "State Parties Meetings and their Organizations" and "Oversight Mechanisms for Dealing with Administrative and Financial Matters".

Relevant Documents:

* Reference paper for Working Group 8 on the Establishment of the Court and Relationship with the United Nations, 12 December 1997, No Symbol. This preliminary document have been issued on the last day of the December 1998 prepcom in preparation for the Spring 1998 Preparatory Committee. Suggestions on this document. were to be received by the Secretariat before January 15, 1998.

* Establishment of the Court and Relationship with the United Nations, Vol.I para. 20-32, p.8. Provisions contained in Volume I under Establishment of the Court and Relationship with the United Nations arise from document L.11 (Establishment of the Court and Relationship with the United Nations) issued by the Preparatory Committee on its August 1996 Session.

* Establishment of the Court and Relationship with the United Nations, Vol.II, articles 1 to 4, p.3 to 6. Volume II integrated articles of the draft statute prepared by the International Law Commission on the "Establishment of the Court and Relationship with the United Nations " and proposals thereon submitted during the March-April and August phases of the Preparatory Committee's session.

* Further Discussion...... A. Establishment of the Court and the Relationship between the UN and the Court, 28 August 1996. (A/AC.249/L.11). This document was issued and adopted during the August 1996 Preparatory Committee. All comments, proposals and preliminary working papers should have been reflected in the relevant section of Volume I. As previously noted, "L" documents of the August Prepcom were integrated in Vol.I of the Prepcom Report

* Compilation of texts.... Part I: Establishment of the Court (include all proposals submitted before the Committee) . (A/AC.249/CRP. 10). As previously noted "CRP" documents are included in Vol.II of the Prepcom Report.

* Proposal submitted by the US for articles 2 (Relationship of the Court to the U.N.) and 4 (Status and Legal Capacity).

* Proposal submitted by New Zealand for article 2 bis. (A/AC.249/WP.49)