Note about the discussion on the International Criminal Court at the United Nations. 28-31 October 1996

1. The Sixth Committee is scheduled to debate the report of the PrepCom and discuss the draft resolution October 28-31, 1996. One government representative has indicated only 4 countries have signed up to speak on the ICC, thus indicating that there may be a consensus to accept the recommendations of the PrepCom as reflected in the Chairman's draft resolution. Theoretically then, the debate on the ICC could be concluded quite quickly, and the Committee would move on to other matters:

International terrorism proposals or the Decade of International Law, etc.

2. Regarding the resolution, concern was expressed that the reference to calling for contributions from "other relevant organizations" was not included. This, however, seems to be taken care of in the decision to "reaffirm the mandate of the Preparatory Committee". We may want to encourage direct reference to 5046 on this. Also, several NGOs and

governments expressed concern about the overly restrictive and specific description of how the PrepComs are to proceed. We may want, for example, to encourage a clause "unless agreed to by the Committee" after the restriction on no simultaneous meetings of working groups, etc.

3. Reportedly, the draft resolution was endorsed by the group of "Like-minded" countries at a recent meeting. The resolution enhances the 1995 mandate, offering firm and specific drafting goals for the 1997 PrepComs, and includes the decision to hold the diplomatic conference in 1998.

4. Recent communications and statements by UK and USA representatives indicate their support for the 1998 date being mentioned; the position of China and others is still unclear. The USA indicated in one meeting they favoured only 4 weeks of PrepComs next year, which could be due to their wanting to begin work next year on a new international terrorism treaty.