4-10-1994

" The ILC (International Law Commission) has called for a diplomatic conference to negotiate an International Criminal Court.

The United Nations General Assembly will have to decide how to handle that recommendation.

The US Government believes that calling a diplomatic conference (even for a future date some years inthe future) is premature, given the esisting differences among states on the issue of establishment of and modalities for an International Criminal Court.

At this point, a conference is unlikely to succeed.

The International Law Commission draft has many positive elements, but in a number of key respects is not supported by the US Government:

If presented to us in this form, we could not support it:

Nevertheless, we believe that further discussions of the draft at the Intergovernmental Level could lead to progress on this issue.

We propose that the Un General Assembly decide to defer a decision on whether to convene a diplomatic conference until the 50th UN general assembly, next year.

In the meantime states would have the opportunity to consult further on the question of establishment of an International Criminal Court in general, and on the International Law Commission's draft statute in particular.

At the end of the period of reflection there could be a collective review of these issues sponsored by the UN.

In our view, that review could take the form of an intersessional ad hoc committee (along the lines of the one formed last year to elaborate a convention on protection of UN personnel).

That committee would meet toward the end of UN general Assembly 49, and would serve as a forum for states to exchange views on the ILC draft and other aspects of the ICC questions.

If there is a basis for broad consensus, states may be willing to conveve a conference or take other appropriate steps at the next UN General assembly.

Thus, we propose that UN general assembly 49 establish an ad hoc committee for this purpose.

We request your support in New York for establishing an ad hoc committee and deferring the question of a convention until next year.

We assure you that we will work with your governments constructively to fashin an International Criminal Court that we can support."