United Nations

General Assembly

Distr. LIMITED

A/C.6/50 L. 14

27 November 1995

ORIGINAL: ENGLISH

Fiftieth session

SIXTH COMMITTEE

Agenda Item 142

ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT

Draft Resolution Proposed by the Chairman

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 further 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 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 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 States participating in the Ad Hoc

Committee still have different views on major substantive and

administrative issues arising out of the draft statute prepared by

the International Law Commission and that, therefore, further

discussions are needed for reaching consensus on the above issues

in the future,

Noting further that the Ad Hoc Committee is of the opinion that

issues can be addressed most effectively by combining further

discussions 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 that the Ad Hoc Committee recommends that the

General Assembly take 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 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. Takes note of 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 useful work done;

2. Decides to establish a preparatory committee open to all

States Members of the United Nations or members of specialized

agencies or of the International Atomic Energy Agency, to discuss

further the major substantive and administrative issues arising

out of the draft statute prepared by the International Law

Commission and, taking into account the different views expressed

during the meetings, to draft texts, with a view to preparing a

widely accepted consolidated text of a convention for an

international criminal court as a next step towards consideration

by a conference of plenipotentiaries, and also decides that the

work of the Preparatory Committee should be based on the draft

statute prepared by the International Law Commission 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

paragraph 4 of General Assembly resolution 49/53 and, as

appropriate, contributions of relevant organizations;

3. Also decides that the Preparatory Committee will meet

from 25 March to 12 April 1996 and from 12 to 30 August 1996 and

submit its report to the General Assembly at the beginning of its

fifty-first session, and requests the Secretary-General to provide

the Preparatory Committee with the necessary facilities for the

performance of its work;

4. Urges participation in the Preparatory Committee by the

largest number of States in order to promote universal support for

an international criminal court;

5. 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, in the light of that report, 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.