UNITED

NATIONS

Distr.

GENERAL

A/CONF.183/3

12 May 1998

ORIGINAL: ENGLISH

ORGANIZATION OF WORK

Memorandum of the Secretary-General on the methods

of work and procedures for the Conference

1. The present memorandum on the methods of work and procedures of the

Conference has been prepared in accordance with General Assembly resolution

52/160 of 15 December 1997, entitled "Establishment of an international

criminal court". (The text of the resolution is contained in the annex to

this memorandum.)

I. PROVISIONAL AGENDA FOR THE CONFERENCE

2. The provisional agenda for the Conference, which has been prepared

by the Secretariat, is set out in document A/CONF.183/1.

3. Items 1 to 10 of the provisional agenda concern matters relating to

the organization of the Conference. Item 11 concerns the substantive work

of the Conference. Item 12 concerns the adoption of a convention and other

instruments deemed appropriate and of the final act of the Conference.

Item 13 concerns the signature of the final act and of the convention.

II. DRAFT RULES OF PROCEDURE

4. The General Assembly, in paragraph 4 of its resolution 52/160,

requested the Secretary-General to prepare the text of the draft rules of

procedure of the Conference, to be submitted to the Preparatory Committee

on the establishment of an International Criminal Court for its

consideration and recommendation to the Conference, with a view to the

adoption of such rules by the Conference in accordance with the rules of

procedure of the General Assembly, and to provide for consultations on the

organization and methods of work of the Conference, including the rules of

procedure, prior to the convening of the last session of the Preparatory

Committee. The Secretariat prepared the draft rules of procedure, which

were considered during consultations held prior to the last session of the

Preparatory Committee and by the Preparatory Committee at its session from

6 March to 3 April 1998. The Preparatory Committee adopted for

recommendation to the Conference the draft rules of procedure, as orally

amended.

5. The draft rules of procedure are contained in document

A/CONF.183/2/Add.2.

III. OFFICERS

6. According to rule 6 of the draft rules of procedure, the Conference

shall elect from among the representatives of participating States the

following officers: a President and [22] Vice-Presidents, as well as the

Chairman of the Committee of the Whole and the Chairman of the Drafting

Committee. These officers shall be elected on the basis of ensuring the

representative character of the General Committee, taking into account in

particular equitable geographical distribution and bearing in mind the

adequate representation of the principal legal systems of the world. The

Conference may also elect such other officers as it deems necessary for the

performance of its functions.

IV. COMMITTEES OF THE CONFERENCE

7. The draft rules of procedure provide for the establishment of a

Credentials Committee, a General Committee, a Committee of the Whole, and a

Drafting Committee.

8. Credentials Committee. The draft rules of procedure provide in

rule 4 for the establishment at the beginning of the Conference of a

Credentials Committee consisting of nine members from among the

representatives of participating States to be appointed by the Conference

on the proposal of the President. The rule also provides that the

Credentials Committee shall examine the credentials of representatives of

States and report to the Conference without delay.

9. General Committee. The draft rules of procedure provide in rule 11

for the establishment of a General Committee, comprising the President and

Vice-Presidents of the Conference, the Chairman of the Committee of the

Whole and the Chairman of the Drafting Committee. The draft rules of

procedure provide in rule 13 that the General Committee shall assist the

President in the general conduct of the business of the Conference and,

subject to the decisions of the Conference, shall ensure the coordination

of its work. The draft rule also provides that the General Committee shall

exercise the powers conferred on it by rule 34, dealing with the promotion

of general agreement.

10. Committee of the Whole. The draft rules of procedure provide in

rule 48 for the establishment of a Committee of the Whole. The rule

provides that the Committee of the Whole shall have as its officers a

Chairman, three Vice-Chairmen and a Rapporteur. The Committee may set up

working groups pursuant to rule 50.

11. Drafting Committee. The draft rules of procedure provide in rule

49 for the establishment of a Drafting Committee consisting of [21]

members, including its Chairman. The rule provides that the Chairman is to

be elected by the Conference in accordance with rule 6 and the other

members are to be appointed by the Conference on the proposal of the

General Committee, taking into account equitable geographical distribution

as well as the need to ensure the representation of the languages of the

Conference and to enable the Drafting Committee to fulfil its functions.

The Rapporteur of the Committee of the Whole participates ex officio,

without a vote, in the work of the Drafting Committee.

12. Pursuant to draft rule 49, the Drafting Committee shall, without

reopening substantive discussion on any matter, coordinate and refine the

drafting of all texts referred to it, without altering their substance,

formulate drafts and give advice on drafting as requested by the Conference

or by the Committee of the Whole and report to the Conference or to the

Committee of the Whole as appropriate.

V. SECRETARIAT

13. The Secretary-General has designated the Legal Counsel, Mr. Hans

Corell, as his representative at the Conference and has appointed the

Director of the Codification Division of the Office of Legal Affairs, Mr.

Roy S. Lee, as Executive Secretary of the Conference.

14. The specific duties of the secretariat are set out in rule 15 of

the draft rules of procedure. Rule 16 provides that in the exercise of

their duties the Secretary-General or any other member of the staff of the

secretariat designated for that purpose may, at any time, make oral or

written statements concerning any question under consideration.

VI. PROPOSALS

15. The General Assembly, in paragraph 2 of its resolution 52/160,

requested the Preparatory Committee to transmit to the Conference the text

of a draft convention on the establishment of an international criminal

court prepared in accordance with its mandate. Rule 29 provides that this

draft convention shall constitute the basic proposal for consideration by

the Conference.

16. The draft statute for the establishment of an international

criminal court, together with the draft final act prepared by the

Preparatory Committee, consists of 116 articles and is set out in document

A/CONF.183/2/Add.1.

17. According to rule 30 of the draft rules of procedure, other

proposals shall normally be submitted in writing to the Executive Secretary

of the Conference, who shall circulate copies to all delegations.

VII. GENERAL AGREEMENT AND DECISION-TAKING

18. In its resolution 52/160, the General Assembly recognized the

importance of concluding the work of the Conference through the promotion

of general agreement on matters of substance. The draft rules of procedure

provide in rule 34 that the Conference shall make its best endeavours to

ensure that the work of the Conference is accomplished by general

agreement. The rule further provides that if, in the consideration of any

matter of substance, all feasible efforts to reach general agreement have

failed, the President of the Conference shall consult the General Committee

and recommend the steps to be taken, which may include the matter being put

to a vote.

19. Similar provision is made in rule 52 (d), which is in square

brackets, regarding the work of the Committee of the Whole.

20. The draft rules of procedure provide in rule 35 that each State

participating in the Conference shall have one vote.

21. Rule 36, which is in square brackets, deals with the question of

the majority required in any vote which may be taken in the Conference.

Rule 52 (e), which is also in square brackets, deals with the same question

insofar as the subsidiary bodies of the Conference are concerned.

VIII. MEETINGS OF THE CONFERENCE

22. Meetings of the organs of the Conference for which interpretation

is required will normally be held from 10 a.m. to 1 p.m. and from 3 p.m. to

6 p.m. from Monday to Friday. The facilities with full interpretation

services available to the Conference are: two meetings (morning and

afternoon) on the first day, four meetings (morning and afternoon) on the

second day (16 June) and six meetings per day (morning and afternoon) from

the third day (17 June) to the end of the Conference. Thus, from 17 June,

three concurrent meetings may be held each day in the morning and three in

the afternoon.

IX. SCHEDULE OF WORK

23. The Conference is convened for the period from Monday, 15 June to

Friday, 17 July 1998 to finalize and adopt a convention on the

establishment of an international criminal court. The Conference should

move promptly to the consideration of substantive matters after a short

meeting on organizational matters. A draft organization of work for the

Conference (A/CONF.183/2, part four) is proposed by the Preparatory

Committee for the consideration of the Conference.

24. In view of the number of draft articles to be considered and the

limited time available to the Conference, general statements should be made

only in the plenary and only over the course of seven meetings in the first

week. The draft statute, together with the draft final act and its annex

transmitted by the Preparatory Committee (A/CONF.183/2/Add.1), should be as

a whole referred directly to the Committee of the Whole. There should be

no general debate in the Committee of the Whole and its work on the draft

statute should begin as soon as possible.

25. The Conference, at its first plenary meeting, on the morning of 15

June 1998, may be expected to deal with at least items 1 to 4 of the

provisional agenda (Opening of the Conference by the Secretary-General;

Election of the President; Adoption of the agenda; and Adoption of the

rules of procedure).

26. At its second plenary meeting, in the afternoon of 15 June 1998,

the Conference may be expected to deal with items 5 to 10 of the

provisional agenda (Election of Vice-Presidents; Election of the Chairman

of the Committee of the Whole; Election of the Chairman of the Drafting

Committee; Appointment of the Credentials Committee; Appointment of the

other members of the Drafting Committee; and Organization of work).

27. It is envisaged that the Conference will meet in plenary in the

final week of the Conference to take such action as may be necessary under

items 11 to 13 of the provisional agenda, including: consideration of the

report of the Committee of the Whole and those parts of the report of the

Drafting Committee which may need to be submitted directly to the

Conference (see para. 31 below).

28. The Credentials Committee is expected to meet sometime during the

second or third week of the Conference. One meeting has been allotted for

this purpose. It should be noted that rule 5 of the draft rules of

procedure provides that, pending a decision of the Conference,

representatives shall be entitled to participate provisionally in the

Conference.

29. The General Committee is expected to hold its first meeting in the

afternoon of Monday, 15 June 1998 immediately before the second plenary

meeting.

30. The Committee of the Whole is expected to hold its first meeting on

Tuesday, 16 June 1998 and to establish its own work programme, with a view

to finalizing its work within the number of meetings available to it. The

Committee, including any working group or working groups it may establish

under rule 50, may hold up to four meetings (with full interpretation) per

day throughout the Conference, that is, two bodies may meet concurrently,

both in the morning and in the afternoon. The Committee of the Whole

should report to the plenary as soon as its work is completed, which should

in any event be not later than 10 July.

31. The Drafting Committee is expected to hold its first meeting on 19

June 1998. Two meetings per day (with full interpretation) may be allotted

to it throughout the Conference. The Drafting Committee will receive its

work from the Committee of the Whole and report to it. Time constraints

may make it necessary for the Drafting Committee to report on the last

portion of its work directly to the plenary.

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