Oct. 31, 1996

Statement by the Representative of the United States

Mr. Chairman,

[...] During the past year the Preparatory Committee on the Establishment of an International Criminal Court has made progress in the preparation of a statute for the Court that draws upon the earlier work of the International Law Commission. We commend Adriaan Bos for his skillful chairmanship of the Preparatory Committee and the tireless work of the Secretariat in support of the Committee's work. We note as well the inavaluable contributions of representatives from various States who have given so generously of their time and expertise. We also want to recognize the contributions of the non-governmental organizations to the work of the Preparatory Committee this year. Their detailed reports and discussions with delegates have been of great assistance to all of us.

The compilation of textual revisions to the International Law Commission's final draft statute has been a necessary albeit lengthy, process. The U.S. delegation has actively participated in every aspect

of the Preparatory Committee's work. We have done so because President Clinton is committed to the establishment of a fair and effective Court that meets all relevant standards of due process and that strengthens both international and national law enforcement and military justice interests. We have also worked hard to structure the Court so that it indeed will be an international criminal court embracing a large number of countries from every region of the world. The hard work of 1996 -- as well as of 1995 in the Ad Hoc Committee--showed beyond doubt the necessity of detailed and comprehensive work at an early stage in order to create as soon as possible a truly effective Court.

Mr. Chairman,

Our next challenge is to work intensively through 1997 to develop a consolidated draft statute that attracts the broadest possible consensus. This will not be easy. Governments will need to determine their respective positions on textual revisions to the draft statute and be prepared to work towards a single text for each section. Countries which to this point have not engaged in our discussions will need to become engaged.

At the conclusion of the Preparatory Committee's work in August, we agreed that it could be feasible to hold a diplomatic conference of plenipotentiaries in 1998 based upon the proposed work program. We can and should therefore plan for a mid-1998 date as an appropriate time frame for such a conference. We also need to agree that our objective is a relatively short and cost-effective diplomatic conference begins and ends in the summer of 1998.

We note, however, the following reality: The hardest work remains ahead of us; if it is not accomplished by early 1998, then proceeding with a diplomatic conference that year could entail substantial risk for the establishment of a permanent international court. We cannot enter a diplomatic conference burdened with so many technical and controversial issues outstanding that the conference itself becomes unending or the final text of the treaty attracts support from only a small group of nations. We should not go into a conference with too much left undone, which could result in a flawed Court. If that occurs, we all will have failed in this historic endeavor.