CONSIDERATION, IN THE LIGHT OF THE AD HOC COMMITTEE'S

REVIEW OF THE MAJOR SUBSTANTIVE AND ADMINISTRATIVE

ISSUES ARISING OUT OF THE DRAFT STATUTE PREPARED BY

THE INTERNATIONAL LAW COMMISSION, OF ARRANGEMENTS FOR

THE CONVENING OF AN INTERNATIONAL CONFERENCE OF

PLENIPOTENTIARIES

In the second phase of its work, the Ad Hoc Committee considered the above issue in the basis of proposals prepared by the Chairman (see paras. 255-259 below).

All the delegations that spoke placed emphasis on the quality of the work accomplished by the Ad Hoc Committee, which reflected a general awareness of the importance of the exercise and augured well for the future, as well as on the need to enlist the participation of all countries in what was termed an important and historic venture.

A large number of delegations observed that the Committee had fulfilled the mandate entrusted to it by the General Assembly and that the time had now come to enter into a new phase of negotiations to prepare the text of a convention to be adopted by a conference of plenipotentiaries. They therefore welcomed the proposal that the mandate for future work be changed to that effect. Appreciation was at the same time expressed to the International Law Commission for its valuable draft. While the delegations in question were prepared to accept the text proposed by the chairman as a compromise text, they nevertheless regretted that the text did not provide for a precise timetable for the completion of what they considered as an urgent task. Most of them felt that it was not unrealistic, provided the necessary ingredients (political will. resources and broadly based expertise) were available, to envisage concrete scenarios involving the consideration of specific issues by working groups meeting simultaneously

over a given period of time in the course of 1996, which would make it possible to complete the preparatory work in time for a conference to be convened in 1997. Some delegations expressed the view that such a conference could be envisaged in 1996. While regret was expressed that the proposals of the Chairman did not touch on the timing aspect, it was noted that all options, among which several delegations singled out the convening of a preparatory committee in 1996, remained open and that it would be for the Sixth Committee and the General Assemble to determine the future course of action.

Some delegations agreed that the Ad Hoc Committee had achieved useful results and welcomed the constructive approach taken thus far; they stressed that much more work was needed. They pointed put that the ultimate goal was not an international conference but the establishment of an effective international criminal court endowed with moral authority and independence and enjoying universal support and participation. Emphasis was placed in this connection on the complexity of the current exercise, which had to solve many difficult and novel problems and to take account of the diversity of constitutional and legal systems if it was to result in a truly international court. The delegations in question stressed that a fruitful continuation of the work required in-depth exploration of a number of issues as will as the active involvement of the widest possible number of countries. Some delegations expressed concern that these tasks could not be accomplished over a period of one year. While some among them took

the view that some issues were rope for drafting, others were not and felt that it was inadvisable, at the current stage, to change the character of the work as conducted so far. Some were of the view that there was still a long way to go before negotiations could meaningfully be initiated. The delegations in question warned that if the goal was to establish an international criminal court rather than sending political signals of progress, it was unwise to set unrealistic timetables and refer to the convening of a conference, thereby pre-empting the authority of the General Assembly and prematurely interfering with the normal course of things. The view was expressed by a delegation that the third sentence of the third paragraph of the Chairman's proposal could read: "In the light of the progress made, the Committee is of the opinion that issues can be addressed most effectively by further discussions with a view to the drafting of the text of a convention by a conference of plenipotentiaries to be convened.

"

Appreciation was expressed by a number of delegations for the renewed generous offer of the Italian Government to host a conference on the establishment of an international criminal court.