The following is a draft resolution presented by some governments regarding the establishing an International Criminal Court. At the moment there is no general agreement of this text because China, Mexico, Nigeria and other 5/6 countries are against the establishment of the Preparatory Committee.

The General Assembly,

Recalling its resolution 47/33 of 25 November 1992, in which it requested the International Law Commission to undertake the elaboration of a draft statute for an international criminal court,

Recalling also its resolution 48/31 of 9 December 1993, in which it requested the International Law Commission to continue its work on the question of the draft statute for an international criminal court, with a view to elaborating a draft statute for such a court, if possible at the Commission's forty-sixth session in 1994,

Recalling also that the International Law Commission adopted a draft statute for an international criminal court at its forty-sixth session and decided to recommend that an international conference of plenipotentiaries be convened to study the draft statute and to conclude a convention on the establishment of an international criminal court,

Recalling also its resolution 49/53 of 9 December 1994, in which it decided to establish an ad hoc committee open to all States Members of the United Nations or members of specialized agencies to review the major substantive and administrative issues arising out of the draft statute prepared by the International Law Commission and, in the light of that review, to consider arrangements for the convening of an international conference of plenipotentiaries,

Noting also that the ad hoc committee on the establishment of an international criminal court has made considerable progress during its sessions on the review of the major substantive and administrative issues arising out of the draft statute prepared by the International Law Commission,

Noting also that the ad hoc committee on the establishment of an international criminal court is of the opinion that issues can be addressed most effectively by combining further discussion with the drafting of texts, with a view to preparing a consolidated text of a convention for an International Criminal Court as a next step towards consideration by a conference of plenipotentiaries,

Noting also that the ad hoc committee on the establishment of an international criminal court recommends that the General Assembly takes up the organization of future work with a view to its early completion, given the interest of the international community in the establishment of an international criminal court,

Noting also that the ad hoc committee on the establishment of an international criminal court encourages participation by the largest number of States in future work in order to promote universality,

Expressing deep appreciation for the renewed offer of the Government of Italy to host a conference on the establishment of an international criminal court,

1. Welcomes the report of the ad hoc committee on the establishment of an international criminal court, including the recommendations contained therein and expresses its appreciation to the ad hoc committee for the progress made;

2. Decide to establish a preparatory committee open to all States Members of the United Nations or members of specialized agencies or of the IAEA, to further discuss the major substantive and administrative issues arising out of the draft statute prepared by the International Law Commission and to draft texts, with a view to preparing a consolidated text of a convention for an International Criminal Court as a next step towards consideration by a conference of plenipotentiaries. The work of the Preparatory Committee should be based on the draft Statute of the ILC and should take into account the report of the ad hoc committee and the written comments submitted by States to the Secretary-General on the draft statute for an international criminal court pursuant to operative paragraph 4 of resolution 49/53 of 9 December 1994 and, as appropriate, contributions of relevant organizations.

3. Also decides that the preparatory committee will meet from to 1996 and from to 1996 and submit its report to the General Assembly at the beginning of it fifty-first session, and request the Secretary-General to provide the preparatory committee with the necessary facilities for the performance of its work;

4. And decides to include in the provisional agenda of its fifty-first session an item entitled "Establishment of an international criminal court", in order to study the report of the preparatory committee and to decide on the convening of an international conference of plenipotentiaries to finalize and adopt a convention on the establishment of an international criminal court, including on the timing and duration of the conference.