22 February 1999

Press Release

L/2909

PREPARATORY COMMISSION FOR INTERNATIONAL CRIMINAL COURT HEARS

BRIEFINGS BY COORDINATORS OF WORKING GROUPS

The Preparatory Commission for the International Criminal Court met this

morning to deal with organizational

matters and hear progress reports from the coordinators of its two working

groups.

The 11-day session, which began on 16 February, is considering arrangements

for the operation of the Court, once

its Statute enters into force with 60 ratification. So far, only Senegal

has ratified it. The Preparatory Commission's

work at the current session is focused on the rules of procedure and

evidence and the elements of crimes. Two

workings groups are discussing various proposals submitted by States

relating to those issues. The Statute was

adopted by the United Nations Diplomatic Conference on the Establishment of

the Court, which was held in Rome

from 15 June to 17 July 1998.

The Coordinator for the Working Group on Rules of Procedure and Evidence,

Silvia Fernandez de Gurmendi

(Argentina), said the group's discussions so far had been focused on Part 5

of the Statute, which dealt with the

investigation and prosecution of crimes. Their discussions were based on

the draft proposals by France and

Australia. The two delegations had attempted to combine their suggestions

into one document. The Working Group

planned to take up Part 6 of the Statute (Trial proceedings in the Court)

tomorrow.

Herman Van Hebel (Netherlands), Coordinator of the Working Group on

Elements of Crimes, said the group had

had three meetings and was working on the basis of a number of documents,

including a draft text by the United

States, a draft proposal by Hungary and Switzerland, and a working paper

proposed by Spain. The proposals before

it related to the crime of genocide. The Working Group hoped to be able to

prepare a draft text on that crime. The

discussions were going slowly, but in the right direction, and the Working

Group was "breaching gaps" in the

various proposals.

Also this morning, the Commission elected George McKenzie (Trinidad and

Tobago) to be its third Vice-Chairman,

thus concluding the election of officers. At its first meeting, the

Commission elected Philippe Kirsch (Canada) as

Chairman. Muhamed Sacirbey (Bosnia and Herzegovina) and Medard Rwellamira

(South Africa) were elected

Vice-Chairmen. Salah Suheimat (Jordan) was elected Rapporteur.

In another action, the Preparatory Commission agreed to the appointment by

the Chairman of additional coordinators

to the Working Group on Rules of Procedure and Evidence. They were Mr.

Rwellamira (South Africa) to coordinate

matters relating to Part 4 of the Statute (Composition and Administration

of the Court); Rolf Fife (Norway) on Part 7

(Penalties); and Phakiso Mochochoko (Lesotho) on Part 9 (International

Cooperation and Judicial Assistance).

The next plenary of the Preparatory Commission for the International

Criminal Court will be announced in the

Journal.

Commission Work Programme

The Preparatory Commission for the International Criminal Court met this

morning to take up organizational matters

and to hear progress reports from the coordinators of its working groups on

rules of procedure and evidence and on

elements of crimes. (For background information on those topics, see Press

Release L/2906 of 12 February.)

Statements

SILVIA FERNANDEZ DE GURMENDI (Argentina), Coordinator of the Working Group

on Rules of Procedure

and Evidence, gave a progress report to the Commission on the discussions

in her working group. The group had

begun work on Part 5 of the Statute of the International Criminal Court.

That part dealt with investigation and

prosecution of crimes. Their discussions were based on the draft proposals

by France and Australia. The Group

worked with the idea that the final structure of the rules of procedure

would be determined at a later stage after

sufficient consideration had been given to the issues.

She said the Group did not speed ahead as much as it would have liked. The

delegations of Australia and France had

attempted to combine their suggestions into one document. The two

delegations, along with Sweden, had held

informal meetings. Those meetings were proceeding. The work of the Group

had progressed with the desirability of

avoiding repeating or paraphrasing the Statute. The group should finish its

discussion on Part 5 today and begin to

discuss Part 6 tomorrow. Part 6 of the Rome Statute dealt with the trial

proceedings in the Court.

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February 1999

Elements of Crimes

HERMAN VAN HEBEL (Netherlands), Coordinator of the Working Group on

Elements of Crimes, said the group

had had three meetings. It had been working on the basis of a number of

documents, including a draft text by the

United States (document PCNICC/1999/DP.4 and addenda 1 to 3); a draft

proposal by Hungary and Switzerland

(document PCNICC/1999/DP.5) and a working paper proposed by Spain (document

PCNICC/1999/DP.9). The

proposals related to the crime of genocide, which was the first to be

discussed. The Working Group hoped to be able

to prepare a draft text on that crime.

He said discussions were going slowly, but in the right direction, and the

Group was "breaching gaps" in the

various proposals. He described the discussions in the Working Group as

positive.

PHILIPPE KIRSCH (Canada), Chairman of the Preparatory Commission, said it

was clear from the report of the

two Coordinators that progress was being made and that the work was

conducted in a spirit of cooperation. He

invited delegations to keep in mind that the preparation of draft texts on

rules of procedure and evidence and on

elements of crimes was a complex task that would require considerable

amount of work. He also reminded them that

the work must be completed before 30 June 2000, as required by resolution F

of the Rome Conference and General

Assembly resolution 53/105.

Speaking about the organization of the work of the Preparatory Commission,

he reported that the Commission's

bureau had met twice last week, including on Friday evening, to review the

work done so far and how best to use

the time left during the session. Taking into account the work done so far,

he said the bureau felt that the

Commission should follow the previously scheduled work plan. Subject to

developments during the week, the

bureau had provisionally concluded that the Friday morning now reserved

should be divided between the two

Working Groups to wrap up their work before reporting to the plenary Friday

afternoon, 26 February.

Continuing, he said the bureau was of the view that the Coordinators should

provide the Preparatory Commission,

on Friday afternoon in the plenary, with an oral and factual report of what

their respective Working Groups had done

so far. The Secretariat would then, for ease of reference, produce a

document on the basis of the report of the

Coordinators which would be circulated to delegations. That was simply to

have a written account of what the

Preparatory Commission did during its first session and referring to all

the documents that had been issued.

With respect to the work plan for the next session, scheduled for 26 July

to 13 August, he announced that he had

asked three new Coordinators to take responsibility for the rules of

procedure and evidence pertaining to specific

parts of the Statute. The Coordinators were Medard Rwellamira (South Africa),

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February 1999

a Vice-Chairman of the Preparatory Commission, who would coordinate work

relating to Part 4 of the Statute

(Composition and Administration of the Court); Rolf Fife (Norway),

Coordinator for Part 7 (Penalties); and Phakiso

Mochochoko (Lesotho) would coordinate the work relating to Part 9

(International Cooperation and Judicial

Assistance).

Mr. Kirsch said, to plan the work of the Preparatory Commission over the

longer term, it was his intention to ask

one or more delegates to serve as "initial points of contact" for

delegations for other parts of the mandate of the

Preparatory Commission that it would have to deal with at a later stage.

They included a relationship agreement

between the Court and the United Nations; basic principles governing a

headquarters agreement to be negotiated

between the Court and the host country (Netherlands); financial regulations

and rules; an agreement on privileges and

immunities of the Court; a budget for the first financial year; and the

rules of procedure of the Assembly of States

Parties.