CONCLUSIONS OF THE PREPARATORY COMMITTEE

(Recommendations to the 51st Session of the UN General Assembly)

1. By its resolution 50/46 of 11 December 1995, the General Assembly established the Preparatory Committee on the Establishment of an International Criminal Court and directed it "to discuss further the major substative 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 acceptable consolitated text of a convention for an international criminal court as a next step towards consideration by a conference of plenipotentiaries", and decided "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 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 o

n the timing and duration of the conference".

2. In accordance with its mandate, the Preparatory Committee discussed the major substantive and administrative issues arising out of the draft statute and proceeded to consider draft texts, with a view to preparing a widely acceptable consolitated text of a convention for an international criminal court. The Preparatory Committee undertook its mandate on the basis of the draft statute prepared by the International Law Commission taking into account the report of the ad hoc Committee on the Establishment of an International Criminal Court, the written comments submitted by States to the Secretary-General pursuant of General Assembly resolution 49/53 and proposals for amendments submitted by delegations and taking into account also the contributions of relevant organizations. Written proposals for amendments to the draft statute of the International Law Commission already submitted by delegations or prepared by the Chairman are included in the annexes to this report in the form of a compilation. These annexes

also contain consolidated texts prepared by informal groups without prejudice to the national positions of delegations.

3. The Preparatory Committee wishes to emphasize the usefulness of its discussions and the cooperative spirit in which the dibate took place. In light of the progress made, and aware of the commitment of the international community to the establishment of an international criminal court, the Preparatory Committee recommends that the General Assembly reaffirms the mandate of the Preparatory Committee and gives the following directions to it:

a) to meet three or four times up to a total of 9 weeks before the diplomatic conference. To organize its work so that it will finalize its work in April of 1998 and so to allow the widest possible partecipation of States. The work shold be done in the form of open-ended working groups, concentrating on the negotiation of proposals with a view to producing a draft consolitated text of a convention, to be submitted to the diplomatic conference. Submission of reports of its debates will not be required. Interpretation will be available to the working groups.

b) the subjects to be dealt with the Preparatory Committee are:

1. Definition and elements of crimes

2. Principles of criminal law and penalties

3. Organization of the court

4. Procedures

5. Complementarity and trigger mechanism

6. Cooperation with States

7. Establishment of the ICC and relationship with the UN

8. Final clauses and financial matters

9. Other matters.

4. The Preparatory Committee recalls that the General Assembly resolved in resolution 50/46 of 11 December 1995, to decide at its 51st session, in the light of the report of the Preparatory Committee, 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 the duration of the conference.

5. The Preparatory Committee, on the basis of its scheme of work, considers that it is realistic to regard the holding of a diplomatic conference of plenipotentiaries in 1998 as feasible.

* Some delegations expressed reservations on the conclusions of the Preparatory Committee and felt that these conclusionds do not predjudge the position of States in the General Assembly.