DRAFT RESOLUTION ON THE ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT

51/.. Establishment of an international criminal court

The General Assembly,

Recalling its resolution 47/33 of 25 November l992, 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 Cormnission to continue its work on the

question of the draft statute for an interternational 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 [1] at its forty-sixth

session and decided to recommend that an international conference of

plenipotentianes be convened to study the draft statute and to conclude a

convention on the establishment of an international criminal court, [2]

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 reYiew the major

substantive and administratite 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,

Recalling its resolution 50/46 of 18 December l995, in which it

decided, in the light of the report of the Ad Hoc Committee, 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 acceptable

consolidated text of a convention for an intemational c81 court as a next

step towards consideration by a conference of plenipotentiaries, and in

which it decided 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

wrtten 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.

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1. Official Records of the General Assembly, Forty-ninth Session,

Supplement No. 10 (A/49/10), para. 91.

2. Ibid., para. 90

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Noting, that the Preparatory Committee discussed the major

substantive and administrative issues arising out of the draft stanlte and

proceeded to consider draft texts, with a view to preparing a widely

acceptable consolidated text of a convention for an international criminal

court,

Noting also that the Preparatory Committee, in the light of the

progress made, and aware of Ihe commitment of the international community

to the establishment of an international criminal court, recommends that

the General Assembly reaffirms the mandate of the Preparatory Committee

and gives further directions to it;

Noting furthermore that the Preparatory Committee recalls that the

General Assembly resolved in resolution 50/46 of 11 December 1995, to

decide at the 51st session, in the light of the report of the Preparatory

Committee, 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 timng and duration of

the conference,

Noting that the Preparatory Committee, recognizing that this is a

matter for the General Assembly, and 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,

Expressing deep apprecication for the renewed offer of the

Government of Italy to host a conference on the establishment of an

international cnminal court,

1. Takes note of the report of the Preparatory Committee on the

Establishment of an International Criminal Court, including the

recommendations contained therein, and expresses its apprecution to the

Preparatory Committee for the useful work done;

2 Decides to reaffirm 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 as to allow the widest possible participation of States. The work should be done in the form of open-ended working groups, Concentrating on the negotiation of proposals with a view to producing a widely acceptable draft consolidated text of a convention, to be submitted to the diplomatic conference. No simultaneous meetings of the Working Groups shall be held. The working methods should be fully transparent and should be by general agreement to secure the universality of the convention. Submission of reports of its debates will not be required.

Interpretation and translation services will be available to the working groups.

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

1. List and 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 l~atters

9. Other matters

3. Also decides that the Preparatory Committee will meet from ...

to ... February, from ... to ... April and from .. to ... August 1997, and

requests the Secretary-General to provide the Preparatory Committee with

the necessary facilities for the performance of its work;

4. Further decides that in 1998, the Preparatory Committee will

meet from ... to ....February/March/April, and that a diplomatic

conference of plenipotentiaries will be held in 1998 to finalize and adopt

a convention on the establishment of an international criminal court;

5 Urges participation in the Preparatory Committee by the largest

number of States in order to promote universal support for an

international criminal court,

6. Requests the Secretary-General to establish a special fund for

the participation of the least developed countries in the work of the

Preparatory Committee and in the diplomatic conference of

plenipotentiaries and calls upon States to contribute voluntarily to this

special fund.

7. Decides to include in the provisional agenda of its fifty-second

session an item entitled "Establishment of an international criminal

court", in order to make the necessary arrangements for the diplomatic

conference of plenipotentiaries to be held in 1998.