| list of documents issued at the third session of the Preparatory Commission of the International Criminal Court |
The third session of the Preparatory Commission for the International Criminal Court was held in New York from 29 November to 17 December 1999, in accordance with General Assembly resolution 53/105 of 8 December 1998. The Preparatory Commission continued its work in accordance with resolution F adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998. The Bureau of the Preparatory Commission, elected at its 1st and 2nd meetings, on 16 and 22 February 1999, continued its work with the following composition:
Chairperson: Mr. Philippe Kirsch (Canada)The coordinators, designated by the Chairperson, in consultation with the Bureau, at the first session of the Preparatory Commission, continued their work also during the third session of the Preparatory Commission.Vice-Chairpersons: Mr. George Winston Mckenzie (Trinidad and Tobago), Mr. Medard Rwelamira (South Africa), and Mr. Muhammed Sacirbey (Bosnia and Hercegovina)
Rapporteur: Mr. Salah Suheimat (Jordan)
The Preparatory Commission proceeded with its work on the basis of its agenda (PCNICC/1999/L.1) adopted on 16 February 1999.
Taking account of the priorities set forth by resolution F of the Conference, the Preparatory Commission agreed on a work plan, which, as at the first two sessions, focused on two instruments necessary for the functioning of the Court:
the Rules of Procedure and Evidence; andthe Elements of Crimes.
The
crime of aggression
was also considered by the Preparatory Commission.
At its 12th meeting, on 17 December 1999, the Preparatory Commission
took note of the oral reports of the coordinators for Elements of Crimes and
for the Rules of Procedure and Evidence for Parts 2, 4, 6, 7, 8, 9 and 10 of
the Statute and of the coordinator for the Crime of Aggression. At the same
meeting the Commission noted that it had completed a first reading of the Elements
of Crimes and the Rules of Procedure.
At the same meeting, the Preparatory Commission noted that the General Assembly by its resolution 54/105 of 9 December 1999 had renewed the mandate of the Commission and in accordance with paragraph 3 of that resolution the Secretary-General was requested to convene the Commission from 13 to 31 March, 12 to 30 June and 27 November to 8 December 2000.
In order to facilitate the task of the Preparatory Commission at its next sessions, the Commission requested the Secretariat to prepare an organized and consolidated text of the Elements of Crimes and of the Rules of Procedure and Evidence on the basis of the proceedings of the first, second and third sessions of the Commission.
The Preparatory Commission took note with satisfaction that,
during its first, second and third session, a total of 52 delegates had made
use of the trust fund which, pursuant to paragraph 8 of General Assembly resolution
53/105, had been established to facilitate the participation of the least developed
countries in the work of the Commission. The International Human Rights Law
Institute of DePaul University provided accommodation for those delegates that
attended the second session.
Rules of Procedure and Evidence
With respect to the Rules of Procedure and Evidence, the Preparatory Commission continued its consideration of rules pertaining to the following parts of the Rome Statute of the International criminal Court: Part 2 (Jurisdiction, Admissibility and Applicable Law), Part 4 (Composition and Administration of the Court); Part 6 (The Trial); Part 7 (Penalties); Part 8 (Appeal and Revision); Part 9 (International Cooperation and Judicial Assistance) and Part 10 (Enforcement).
The Working Group on Rules of Procedure and Evidence had before it several proposals, in addition to those which had been made at the first two sessions of the Preparatory Commission, and which are listed in the Summaries of the proceedings of those sessions. Following numerous informal consultations and taking into account the views expressed in the Working Group, the various Coordinators proposed several discussion papers (see the documents list) as part of the Commission's first reading of the rules of procedure and evidence (for a consolidated set of discussion papers as considered by the Commission on first reading, see document PCNICC/1999/L.5/Rev.1).
With regard to the Elements of Crimes, the Working Group established by the Preparatory Commission concentrated primarily on the elements of crimes against humanity. It also adopted discussion papers for the elements of those remaining war crimes which it had not considered at its previous session, or which it had considered but had not had sufficient time to finalize.
The Working Group on the Elements of Crimes held seven meetings, from 30 November to 16 December 1999. It had before it several proposals in addition to those which had been proposed at the first two sessions of the Preparatory Commission and which are listed in the respective Summaries of proceedings of those sessions. The proposals submitted at the third session are contained in documents PCNICC/1999/WGEC/DP.28 to DP.45; and PCNICC/1999/WGEC/INF.2/Add.3-4.
For a consolidated set of discussion papers as considered by the Commission on first reading, see document PCNICC/1999/L.5/Rev.1.
Crime of Aggression
Following the agreement reached at the second session of the Preparatory Commission, a Working Group on the Crime of Aggression was established at the third session of the Commission. The Working Group held its first three meetings on 29 November, 6 and 13 December 1999, respectively, at which time a general debate was held on the basis of a compilation of proposals submitted by Governments to the Preparatory Committee (1996-1998), the Rome Conference (1998) and the Preparatory Commission (1999) on the crime of aggression, prepared by the Secretariat (PCNICC/1999/INF/2 and Add.1).
Following several informal consultations, and taking into account the views expressed in the Working Group, a further consolidated text of proposals on the crime of aggression, as proposed by the Coordinator, was prepared (see document PCNICC/WGCA/RT.1, also incorporated into document PCNICC/1999/L.5/Rev.1). The Working Group undertook a preliminary consideration of the new consolidated text of proposals.
