Preparatory Commission for the International Criminal Court

The Preparatory Commission for the Establishment of an International Criminal Court was established by resolution F of the Final Act of the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, which adopted the Rome Statute of the International Criminal Court on 17 July 1998.

Resolution F established the following mandate for the Commission:

5. The Commission shall prepare proposals for practical arrangements for the establishment and coming into operation of the Court, including the draft texts of:
(a) Rules of Procedure and Evidence (PCNICC/2000/1/Add.1) (E, F, S, R, A, C);

(b) Elements of Crimes; (PCNICC/2000/1/Add.2) (E, F, S, R, A, C);

(c) A relationship agreement between the Court and the United Nations; (PCNICC/2001/1/Add.1) (E, F, S, R, A, C);

(d) Basic principles governing a headquarters agreement to be negotiated between the Court and the host country (PCNICC/2002/1/Add.1) (E, F, S, R, A, C);

(e) Financial regulations and rules (PCNICC/2001/1/Add.2 and Corr.1 and PCNICC/2002/1/Add. 2) ( E, F, S, R, A, C);

(f) An agreement on the privileges and immunities of the Court (PCNICC/2001/1/Add.3) (E, F, S, R, A, C);

(g) A budget for the first financial year (PCNICC/2002/2/Add.1) (E, F, S, R, A, C);

(h) The rules of procedure of the Assembly of States Parties (PCNICC/2001/1/Add.4) (E, F, S, R, A, C);

6. The draft texts of the Rules of Procedure and Evidence and of the Elements of Crimes shall be finalized before 30 June 2000.

7. The Commission shall prepare proposals for a provision on aggression, including the definition and Elements of Crimes of aggression and the conditions under which the International Criminal Court shall exercise its jurisdiction with regard to this crime. The Commission shall submit such proposals to the Assembly of States Parties at a Review Conference, with a view to arriving at an acceptable provision on the crime of aggression for inclusion in this Statute. The provisions relating to the crime of aggression shall enter into force for the States Parties in accordance with the relevant provisions of this Statute.

The United Nations General Assembly, in resolution 53/105 of 8 December 1998, requested the Secretary-General to convene the Preparatory Commission, in accordance with resolution F, from 16 to 26 February, 26 July to 13 August and 29 November to 17 December 1999, to carry out the mandate of that resolution and, in that connection, to discuss ways to enhance the effectiveness and acceptance of the Court.

The General Assembly, in resolution 54/105 of 9 December 1999, requested the
Secretary-General to convene the Preparatory Commission, in accordance with resolution F adopted by the Conference, from 13 to 31 March, 12 to 30 June and 27 November to 8 December 2000, to carry out the mandate in that resolution and, in that connection, to discuss ways to enhance the effectiveness and acceptance of the Court.

The General Assembly, in resolution 55/155 of 12 December 2000, requested the Secretary-General to reconvene the Preparatory Commission, in accordance with resolution F adopted by the Conference, from 26 February to 9 March 2001, and from 24 September to 5 October 2001, to continue to carry out the mandate of that resolution and, in that connection, to discuss ways to enhance the effectiveness and acceptance of the Court.

The General Assembly, in resolution 56/85 of 12 December 2001, requested the Secretary-General to reconvene the Preparatory Commission, in accordance with resolution F, from 8 to 19 April and from 1 to 12 July 2002, to continue to carry out the mandate of that resolution and, in that connection, to discuss ways to enhance the effectiveness and acceptance of the Court. The Secretary-General was also requested to undertake the preparations necessary to convene, in accordance with article 112, paragraph 1, of the Rome Statute, the meeting of the Assembly of States Parties to be held at United Nations Headquarters upon the entry into force of the Statute in accordance with article 126, paragraph 1, of the Statute.



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