November 3, 1995

Statement by Mr. R. C. Rath, Member of Parliament

...Mr. Chairman, the discussions in the Ad Hoc Committee have been most useful. It has enabled us to progress towards greater understanding of the issues involved. However, despite the substantive work undertaken by the Ad Hoc Committee, there are several major issues on which more in-depth discussions should take place with a view to finding meeting points among differing opinions. We believe that the exercise for establishment of ICC will benefit by continuation of Ad Hoc Committee discussions, rather than rushing into establishing deadlines.

The substantive issues on which more work needs to be done include the principle of complementarity and its application, specific crimes to be included, jurisdiction and access, trigger mechanism, role of Security Council n matters before the Court, applicable law, composition of ICC and its constitution including criteria for selection and method of election, financing of ICC, and protection of rights of the accused. Procedural aspects requiring further discussions are equally important. These include the relationship between States and non-States parties, surrender or extradition of the accused, judicial assistance and cooperation, recognition and enforcement of judgements. All these are complicated issues and have to be reconciled in the context of the law and practice of differing national legal systems. It is in this perspective, Mr. Chairman, that, in my delegation's view, we should continue the work of the Ad Hoc Committee if we are to achieve a result that is satisfactory to all delegations.