notes courtesy by

International Service for Human Rights

The ICC Preparatory Commission established pursuant to a resolution of the

UN Conference of Plenipotentiaries on the Establishment of an International

Criminal Court met in a plenary session on February 16, 1999 at the UN HQ.

The Secretary General of the UN, Mr. Kofi Annan, opened the plenary with an

address in which he noted that 75 states have signed the ICC Statute and

that Senegal became the first State to ratify it. The Secretary General

observed that 60 ratifications are needed before the Statute will enter

into force and that much work lies ahead in making the ICC a reality.

Some of the preparatory work, the Secretary General stated, consists of

articulating clear rules of procedure and evidence for the ICC and in

defining elements of crimes, including the crime of aggression.

Before wishing the Commission success in its work and yielding to the UN

Under Secretary General for Legal Affairs, Mr. Hans Corell, the Secretary

General expressed his appreciation for the role of NGOs in the ICC

preparatory process.

Mr. Corell noted a proposal that Ambassador Kirsch (Canada) be elected

Chair of the Preparatory Commission. There being no objection to this

proposal, Ambassador Kirsch was so elected and Mr. Corell yielded to him.

Ambassador Kirsch stated that his first duty as Chair is to supervise the

election of officers of the Commission and noted that proposals were

received for the election of Ambassador Muhamed Sacribey (Bosnia and

Hercegovina) as Vice Chair and Mr. Suleimat (Jordan) as Rapporteur. There

being no objection to either proposal each was so elected. Ambassador

Kirsch noted that consultations were under way concerning election of two

additional Vice Chairs of the Commission and, subsequently, Lesotho, acting

on behalf of the African Group, nominated Professor Medard Rulamira (South

Africa) as Vice Chair. There being no objection to this proposal,

Professor Rulamira was elected Vice Chair.

The plenary then adopted the provisional agenda for the meeting of the

Commission as set out in document PCN/ICC/1999/L1.

Ambassador Kirsch noted papers that have been submitted with respect to the

substance of the work of the Commission by various delegations and invited

the delegations to introduce their proposals.

Australia introduced its paper proposing rules of procedure and evidence of

the ICC, document PCNICC/1999/DP.1, noting that the proposals draw on a

Dutch-Australian paper introduced in the Preparatory Committee in 1996.

France introduced its paper proposing rules of procedure and evidence of

the ICC, document PCN/ICC/1999/DP-2, noting that its proposal is in many

respects in agreement with the Australian proposal, but that it also

introduces some changes in the architecture of the rules so that the end

product allows for optimal use by the ICC's personnel who will rely on the

rules in their daily work. For example, France would like to group

together in one part of the rules all rules dealing with the development of

proceedings at the ICC, such as those relating to competence,

admissibility, and jurisdiction. France also noted its position, which it

views as essential, that disclosure or exchange of evidence must be limited

to the pre-trail phase so as not to disturb trial proceedings.

Ambassador Kirsch then noted that Spain has elaborated a working paper,

document PCN/ICC/1999/DP-9, dealing with elements of crimes and that this

paper will be available later in the week at which point it will also be

introduced.

United States introduced its new proposal with respect to elements of

crimes, document PCN/ICC/1999/DP-4, add. 1, 2, 3, noting that it has

elaborated this proposal after consultations with States and taking into

account ICRC's study (Non-Paper). United States observed that its proposal

seeks to accommodate interests of States and reflect existing custom while,

at the same time, meeting the requirement of specificity (nullum crimen

sine lege). United States noted that articles 6, 7, and 8 of the ICC

Statute are based on conventions directed toward States who were to apply

their provisions and that these provisions must be translated into criminal

provisions directed toward individual criminal culpability.

Switzerland introduced a joint Swiss-Hungarian proposal, document

PCNICC/1999/DP.5, which concerns article 8(2)(a) of the ICC Statute.

Switzerland noted that despite article 10 of the ICC Statute prescribing

that the crimes as defined in the Statute shall not limit or prejudice

existing or developing rules of international law, it was illusory to think

that the definition of crimes in the Statute would not have an effect on

rules of international humanitarian law. Switzerland consequently proposed

definitions of war crimes contained in article 8(2)(a) of the Statute,

drawing on the ICRC study (Non-Paper), with a view to preserving what has

been achieved in international humanitarian law thus far.

There being no other matters pending before the plenary, the Chair

adjourned the meeting until the afternoon session.

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Mark Thieroff

Program Coordinator

The NGO Coalition for an International

Criminal Court (CICC)

c/o WFM-IGP

777 UN Plaza

New York, NY 10017 USA

tel. +1 212 687 2176

fax +1 212 599 1332

cicc1@igc.org

CICC website: http://www.igc.org/icc

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