Preparatory Commission for the International Criminal Court
Tenth Session
1-12 July 2002

last update: 23 August 2002

The Preparatory Commission for the International Criminal Court, established 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, met at United Nations Headquarters from 1 to 12 July 2002, in accordance with General Assembly resolution 56/85 of 12 December 2001.

• Report of the Commission (continued), adopted at its tenth session (PCNICC/2002/2 and Add. 1-3):
  • PCNICC/2002/2
    • E, F, S, R, A, C
  • PCNICC/2002/2/Add.1
    • E, F, S, R, A, C
  • PCNICC/2002/2/Add.2
    • E, F, S, R, A, C
  • PCNICC/2002/2/Add.3
    • E, F, S, R, A, C
• Proceedings of the Preparatory Commission at its tenth session (PCNICC/2002/L.4/Rev.1):
  • E, F, S, R, A, C

• Documents for the tenth session of the Preparatory Commission:
  • List of documents (see too the list of documents in PCNICC/2002/2, annex XV and PCNICC/2002/Add.2, above)
  • Proceedings of the Preparatory Commission at its ninth session (8-19 April 2002):
    • PCNICC/2002/L.1/Rev.1
      • E, F, S, R, A, C
    • PCNICC/2002/L.1/Rev.1/Add.1
      • E, F, S, R, A, C
    • PCNICC/2002/L.1/Rev.1/Add.2
      • E, F, S, R, A, C
        
• Plenary Documents:
  • Statement of the European Union on the position of the United States of America towards the International Criminal Court. Information document submitted by Spain (PCNICC/2002/INF/7):
    • E, F, S, R, A, C
• Statement by the Preparatory Commission dated 3 July 2002, transmitted by the Chairman of the Preparatory Commission to the President of the Security Council with copies to the members of the Security Council and to the Secretary-General (PCNICC/2002/L.3):
  • E, F, S, R, A, C
• Proceedings of the Preparatory Commission at its tenth session (1-12 July 2002) - Draft summary (PCNICC/2002/L.4):
  • E, F, S, R, A, C
• Draft report of the Preparatory Commission for the International Criminal Court (PCNICC/2002/L.5):
  • E, F, S, R, A, C
• Working Group on the Assembly of States Parties Preparatory Documents:

  Election procedures of the Committee on Budget and Finance of the International Criminal Court: comparative chart with the procedures of the Advisory Committee on Administrative and Budgetary Questions of the United Nations and the Finance Committee of the International Seabed Authority (PCNICC/2002/WGASP-PD/L.5):

  • E, F, S, R, A, C
    
    

  Draft report of the Working Group. Draft resolution of the Assembly of States Parties on the procedure for the nomination and election of judges, the Prosecutor and the Deputy Prosecutors of the International Criminal Court (PCNICC/2002/WGASP-PD/L.6):

  • E, F, S, R, A, C
    
    

  Draft report of the Working Group. Draft resolution of the Assembly of States Parties on the procedure for the nomination and election of judges, the Prosecutor and the Deputy Prosecutors of the International Criminal Court - Corrigendum (PCNICC/2002/WGASP-PD/L.6/Corr.1):
  
  

  • E, F, S, R, A, C
    
    

  Draft report of the Working Group. Draft resolution regarding the permanent secretariat of the Assembly of States Parties (PCNICC/2002/WGASP-PD/L.7):
  
  

  • E, F, S, R, A, C
    
    

  Draft report of the Working Group. :Draft recommendation of the Assembly of States Parties concerning seating arrangements for States Parties (PCNICC/2002/WGASP-PD/L.8)
  
  

  • E, F, S, R, A, C

Draft report of the Working Group. Draft resolution of the Assembly of States Parties on the procedure for the nomination and election of members of the Committee on Budget and Finance (PCNICC/2002/WGASP-PD/L.9):



• E, F, S, R, A, C

Draft report of the Working Group. Provisional agenda for the first meeting of the Assembly of States Parties, to be held at United Nations Headquarters
from 3 to 10 September 2002 (PCNICC/2002/WGASP-PD/L.10):

• E, F, S, R, A, C

Draft resolution of the Assembly of States Parties on the procedure for the nomination and election of judges, the Prosecutor and the Deputy Prosecutors of the International Criminal Court - Rolling text (PCNICC/2002/WGASP-PD/RT.2)

• E, F, S, R, A, C

• Working Group on Financial Issues - Remuneration of Judges:

Conditions of service of non-full-time judges of the International Criminal Court. Discussion paper by the Coordinator. Rolling text (PCNICC/2002/WGFI-RJ/RT.2):

• E, F, S, R, A, C
  
  

Proposal for an amendment submitted by the United Kingdom of Great Britain and Northern Ireland concerning non-full-time judges (PCNICC/2002/WGFI-RJ/DP.1):



• E, F, S, R, A, C

• Working Group on a Draft Budget for the First Financial Year of the Court:
  
  

Revised draft budget for the first financial period of the Court. Prepared by the Secretariat. (PCNICC/2002/WGFYB/L.3):

• E, F, S, R, A, C

Proposed texts of provisions on external audit, on a Working Capital Fund and on outsourcing of procurement for inclusion in a draft budget for the first financial period of the Court, as well as an annex on non-recurrent requirements for furniture and equipment. Prepared by the Secretariat. (PCNICC/2002/WGFYB/L.4):

• E, F, S, R, A, C

Revised draft budget for the first financial period of the Court. Proposed changes to the text of Part One of the draft budget (PCNICC/2002/L.1/Rev.1/Add.1, sect. A) The proposed changes have been made in the light of discussion on the draft budget during the tenth session of the Preparatory Commission. (PCNICC/2002/WGFYB/L.5):

• E, F, S, R, A, C

Revised draft budget for the first financial period of the Court. Proposed changes to the text of Part Two of the revised draft budget (PCNICC/2002/WGFYB/L.3). (PCNICC/2002/WGFYB/L.6):

• E, F, S, R, A, C

Revised draft budget for the first financial period of the Court. Proposed changes to the text of Part Two of the revised draft budget (PCNICC/2002/WGFYB/L.3). Corrigendum (PCNICC/2002/WGFYB/L.6/Corr.1):

• E, F, S, R, A, C

Report of the Working Group (PCNICC/2002/WGFYB/L.7):

• E, F, S, R, A, C

• Working Group on Financial Issues - Victims Trust Fund

Draft resolution of the Assembly of States Parties on the establishment of a fund for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims (PCNICC/2002/WGFI-VTF/L.1):

• E, F, S, R, A, C




Draft resolution of the Assembly of States Parties on the procedure for the nomination and election of members of the Board of Directors of the Trust Fund for the benefit of victims (PCNICC/2002/WGFI-VTF/L.2):

• E, F, S, R, A, C

• Working Group on the Crime of Aggression

  
  PCNICC/2002/WGCA/L.2

  • E, F, S, R, A, C

   

  PCNICC/2002/WGCA/L.2/Rev.1

  • E, F, S, R, A, C

   

In accordance with paragraph 2 of resolution F of the Conference, the Preparatory Commission consists of representatives of States which signed the Final Act of the Conference and other States which were invited to participate in the Conference.

Under paragraph 4 of General Assembly resolution 56/85, the Secretary-General was requested to reconvene the Preparatory Commission, in accordance with resolution F of the Conference, from 8 to 19 April and from 1 to 12 July 2002, so as 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.

In accordance with paragraph 6 of General Assembly resolution 56/85, the Secretary-General invited, as observers to the Preparatory Commission, representatives of organizations and other entities that have received a standing invitation from the General Assembly, pursuant to its relevant resolutions, to participate in the capacity of observers in its sessions and work, and also invited as observers to the Commission representatives of interested regional intergovernmental organizations and other interested international bodies, including the International Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda.

Under paragraph 7 of the same resolution, non-governmental organizations may participate in the work of the Preparatory Commission by attending its plenary and its other open meetings, in accordance with the rules of procedure of the Commission, receiving copies of the official documents and making available their materials to delegates.

The Bureau of the Preparatory Commission, which was elected at the 1st and 2nd meetings of the Commission, on 16 and 22 February 1999, and at the 34th and 37th plenary meetings, on 8 and 19 April 2002, continued its work at the tenth session, with the following composition:

Chairman: Philippe Kirsch (Canada)
Vice-Chairmen: Enver Daniels (South Africa), George Winston McKenzie (Trinidad and Tobago), Mirza Kusljugic (Bosnia and Herzegovina)
Rapporteur: Salah Suheimat (Jordan)

The Director of the Codification Division of the Office of Legal Affairs of the United Nations Secretariat, Václav Mikulka, acted as Secretary of the Preparatory Commission. The Codification Division provided the substantive servicing for the Commission.

The Preparatory Commission held its tenth and last session from 1 to 12 July 2002.

In accordance with the decision taken at its 37th meeting, on 19 April 2002, the Preparatory Commission agreed on a work plan for its tenth session, which divided up the time of the Preparatory Commission between the following remaining five working groups on: the Assembly of States Parties - Preparatory Documents; a Draft Budget for the First Financial Period of the Court; the Remuneration of Judges, the Prosecutor and the Registrar; the Victims Trust Fund; and on the Crime of Aggression.

The list of coordinators at the current session is as follows:

(a) Saeid Mirzaee-Yengejeh (Islamic Republic of Iran), Coordinator for the Assembly of States Parties - Preparatory Documents;
(b) Valentin Zellweger (Switzerland), Coordinator for a Draft Budget for the First Financial Period of the Court;
(c) Gaile Ramoutar (Trinidad and Tobago), Coordinator for the Victims Trust Fund;
(d) John Holmes (Canada), Coordinator for the remuneration of judges, the Prosecutor and the Registrar;
(e) Silvia Fernández de Gurmendi (Argentina), Coordinator for the Crime of Aggression.

At its 38th and 42nd meetings, on 1 and 12 July 2002, respectively, the Preparatory Commission took note of the oral report of Silvia Fernández de Gurmendi (Argentina), Chair of the Bureau's subcommittee acting as an interlocutory with the host country, on the progress made by the advance team of experts working to ensure the early and effective establishment of the Court and on review meetings, which had included members of the subcommittee, representatives of the host country and the coordinator of the advance team.

At its 40th meeting, on 3 July 2002, the Preparatory Commission agreed that the following statement should be transmitted by the Chairman of the Preparatory Commission to the President of the Security Council, the Member States of the Council and the Secretary-General. The statement read as follows:

“1. The Preparatory Commission for the International Criminal Court, mindful of the Charter of the United Nations and in particular its provisions relating to the powers and functions of the Security Council, is deeply concerned about the current developments in the Security Council regarding the International Criminal Court and international peacekeeping.
“2. The Preparatory Commission calls upon all States to safeguard the independent and effective functioning of the International Criminal Court that is complementary to national jurisdictions.
“3. The Preparatory Commission appeals to the Member States of the Security Council to ensure an outcome of those developments which fully respects the letter and spirit of the Rome Statute of the International Criminal Court.”

At its 41st meeting, on 8 July 2002, the Chairman of the Preparatory Commission noted that there remained a few outstanding technical issues relating to the Draft Agreement on the Privileges and Immunities of the Court and appointed Irene Gartner (Austria) as focal point for consultations on the outstanding issues. The Chairman also noted that in the context of the work of the Working Group on a Draft Budget for the First Financial Period of the Court, reference had been made to the creation of a position of a Director of Common Services to be appointed by the Assembly of States Parties, and decided to appoint Patricio Ruedas (Spain) as focal point on the matter. The Chairman further appointed Hans Bevers (Netherlands) as focal point on issues related to the International Criminal Bar.

At the same meeting, the Preparatory Commission decided to hold the first meeting of the Assembly of States Parties from 3 to 10 September 2002.

At its 42nd meeting, on 12 July 2002, the Preparatory Commission invited East Timor to attend its meeting as observer and the representaive of East Timor subsequently made a statement.

At the same meeting the Preparatory Commission took note of the oral reports of the coordinators of the working groups on: the Assembly of States Parties - Preparatory Documents; a Draft Budget for the First Financial Period of the Court; the Victims Trust Fund; the Remuneration of Judges, the Prosecutor and the Registrar; and the Crime of Aggression.

Also at the same meeting, the Preparatory Commission adopted the report on the work of its tenth session (PCNICC/2002/2 and Add.1 to 3).

The Preparatory Commission thus completed its mandate 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 and General Assembly resolution 56/85 of 12 December 2001.

The Preparatory Commission noted with satisfaction that, during its tenth session, a total of 24 delegates had made use of the trust fund which, pursuant to paragraph 8 of General Assembly resolution 53/105 of 8 December 1998, had been established to facilitate the participation of the least developed countries in the work of the Commission. Those delegates had been provided with airline tickets and daily subsistence allowance. At the 42nd meeting, on 12 July 2002, the Commission took note of the offer made by the International Institute for Human Rights Law of DePaul University, to cover the travel expenses of one delegate from each Least Developed Country interested in attending the first meeting of the Assembly of States Parties in September 2002. The Institute had previosuly assisted in the participation of Least Developed Countries at the Commission's sessions.