Reply from the Ministry of Foreign Affairs of the Netherlands

28 December 1998

Dear Ms Goetz

With reference to your fax of 17 December 1998, I would like to give you an indication of the ratification process of the ICC Statute in the Kingdom of the Netherlands.

Presently, civil servants of the Ministries involved (Foreign Affairs, Justice and Defence) are preparing the explanatory report on the ICC Statute and the Bill of Approval, required for ratification. After advice of the Council of State, these documents will be put before the Second Chamber of Parliament for a written and subsequently an oral procedure, after which the First Chamber of Parliament will also be presented with a written and an oral procedure of approval. These proceedings usually take up one and a half years.

Separately, but before the entry into force of the ICC statute, the required implementation legislation will be submitted for a similar procedure.

After entry into force of the ICC Statute, the Headquarters Agreement will have to be negotiated between the Government of the Kingdom of the Netherlands and the ICC, which, again, will have to be submitted to Parliament before its entry into force.

Most likely, the Government of the Kingdom of the Netherlands will not opt out of the ICC's jurisdiction on war crimes for a period of seven years although, of course, Parliament will have the last word in such a matter.

As qto the indication of the time frame of the proceedings of the Preparatory Commission, I would lqike to refer to A/RES/53/105 of 8 December 1998, according to which the Commission's schedule envisages finalization of its work on the elelments of crimes and on the rules of procedure and evidence before 30 June 2000. The other subjects indicated inq resolutions E and F of the Rome Conference will, in all probability, have to be dealt with by the Preparatory Commission after that date.

Toine van Dongen

Director, United Nations Department

Ministry of Foreign Affairs

The Netherlands