November 2, 1995

Statement by H.E. Dr. Nabil Elaraby

...The two sessions of the Ad Hoc Committee established by General Assembly Resolution 49/53 proved beneficial in reviewing the major substantive and administrative issues arising out of the draft statute prepared by the International Law Commission, thanks to the capable guidance of the Chairman of the committee Mr. Adrian Boss and the members of the bureau as well as the sincere efforts of other participating delegations which lead to the fulfillment of the mandate of the Ad Hod committee.

The most important achievement of those tow preliminary sessions of the Ad Hoc Committee in 1995 is that it revealed clearly the widespread support that exists among the delegations to the establishment of the court as well as to convening the diplomatic Conference to consider and adopt the statute of the court at the earliest possible date. many delegations, including my delegation, stressed the importance of convening the diplomatic conference in 1997. At the same time some delegations were not favorable to that proposition. As a result the Report of the Special Committee did not touch on the timing aspect. We would once again like to take this opportunity to encourage all delegations to join the emerging consensus of setting 1997 as a date for the accomplishment of this task.

We recognize the important work of the Ad Hoc Committee, but note that it would have made more progress if it had a clearer mandate from the General Assembly in its resolution 49/53. My delegation is therefore of the view that the Preparatory Committee should be clearly mandated to begin drafting a consolidated text based on the ILC's 1994 draft statute with a view to reaching agreement on a draft statute reflecting the different views and proposing alternatives for submission to the 51st of the General Assembly and to be considered thereafter by a diplomatic conference to be held in 1997/