United Nations Diplomatic Conference of Plenipotentiaries on the Establishment

of an International Criminal Court

15 June-17 July 1998

COMMUNICATION RECEIVED FROM INTER-AGENCY STANDING COMMITTEE-TO THE UNITED NATIONS DIPLOMATIC CONFERENCE OF PLENIPOTENTIARIES ON THE ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT

Note by the Secretary-General

The Secretary-General has received the attached communication to the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court from the Inter-Agency Standing Committee (IASC). The communication is transmitted for information (see annex).

The Inter-Agency Standing Committee was established by the United Nations General Assembly in its resolution 46/182 of 19 December 1991, for the purpose of strengthening coordination between humanitarian organizations and is composed of the following members: Food and Agriculture Organization of the United Nations, Office of the Coordination of Humanitarian Affairs, office of the High Commissioner for Human Rights, Office of the United Nations High Commissioner for Refugees, United Nations Children's Fund, United Nations Development Programme, World Food Programme, World Health Organization, International Committee of the Red Cross, International Federation of Red Cross and Red Crescent Societies, International Organization for Migration, InterAction, .International Consortium for Voluntary Agencies and the Steering Committee on Humanitarian Response.

ANNEX

Communication from the Inter-Agency Standing Committee to the Diplomatic Conference on the Establishment of an International Criminal Court

1. The Inter-Agency Standing Committee supports the earliest establishment of the International Criminal Court to investigate and prosecute crimes of genocide, crimes against humanity and war crimes. It considers that the Court should have the necessary authority and capacity to undertake vigorous investigation and expeditiously bring to justice suspected war criminals.

2. The Inter-Agency Standing Committee strongly believes that willful denial of humanitarian assistance, direct attacks against civilians, forceful deportation or displacement of population and other serious violations of international humanitarian law, committed both in international and internal armed conflict, should be included in the jurisdiction of the Court. The Inter-Agency Standing Committee also believes that attacks against humanitarian personnel should be considered as a crime under the jurisdiction of the Court.

3. The Inter-Agency Standing Committee recognizes the critical importance for

all Governments and concerned parties to support and cooperate fully with the

Court.

4. The members of the Inter-Agency Standing Committee stand ready to cooperate with the Court. This cooperation should take fully into account the need to respect the basic humanitarian principles, in particular the principles of humanity, neutrality and impartiality, and the need to maintain humanitarian access to the victims of armed conflicts and to ensure the safety and security of humanitarian personnel in the field. In this connection, adequate protective and non-disclosure measures would be necessary for cooperation between the Court and organizations involved in humanitarian activities.