Establishment of an international criminal court, G.A. res. 51/207, 51 U.N. GAOR Supp. (No. 49) at 342, U.N. Doc. A/51/49 (Vol. I) (1996).


 
 
     The General Assembly,
 
      Recalling its resolutions 47/33 of 25 November 1992 and 48/31 of 9
December 1993,
 
      Recalling also that the International Law Commission adopted at its
forty-sixth session a draft statute for an international criminal court and
decided to recommend that an international conference of plenipotentiaries be
convened to study the draft statute and to conclude a convention on the
establishment of an international criminal court,
 
      Recalling further its resolution 49/53 of 9 December 1994, in which it
decided to establish an ad hoc committee, open to all States Members of the
United Nations or members of specialized agencies, to review the major
substantive and administrative issues arising out of the draft statute
prepared by the International Law Commission and, in the light of that review,
to consider arrangements for the convening of an international conference of
plenipotentiaries,
 
      Recalling its resolution 50/46 of 11 December 1995, in which it decided,
in the light of the report of the Ad Hoc Committee on the Establishment of an
International Criminal Court, to establish a preparatory committee, open to
all States Members of the United Nations or members of specialized agencies or
of the International Atomic Energy Agency, to discuss further the major
substantive and administrative issues arising out of the draft statute
prepared by the International Law Commission and, taking into account the
different views expressed during the meetings, to draft texts, with a view to
preparing a widely acceptable consolidated text of a convention for an
international criminal court as a next step towards consideration by a
conference of plenipotentiaries, and also decided that the work of the
Preparatory Committee should be based on the draft statute prepared by the
International Law Commission and should take into account the report of the Ad
Hoc Committee and the written comments submitted by States to the
Secretary-General on the draft statute for an international criminal court
pursuant to paragraph 4 of General Assembly resolution 49/53 and, as
appropriate, contributions of relevant organizations,
 
      Noting that the Preparatory Committee continued the discussion of the
major substantive and administrative issues arising out of the draft statute
and initiated consideration of draft texts, with a view to preparing a widely
acceptable consolidated text of a convention for an international criminal
court,
 
      Noting also that major substantive and administrative issues remain to
be resolved,
 
      Noting further that the Preparatory Committee, in the light of the
progress made and deeply aware of the commitment of the international
community to the establishment of an international criminal court, recommended
that the General Assembly reaffirm the mandate of the Preparatory Committee
and give further directions to it,
 
      Recalling that in its resolution 50/46 it resolved to decide, in the
light of the report of the Preparatory Committee, on the convening of an
international conference of plenipotentiaries to finalize and adopt a
convention on the establishment of an international criminal court, including
on the timing and duration of the conference,
 
      Noting that the Preparatory Committee, recognizing that this is a matter
for the General Assembly, and on the basis of its scheme of work, considered
that it was realistic to regard the holding of a diplomatic conference of
plenipotentiaries in 1998 as feasible,
 
       Aware of the necessity to maintain some flexibility in the organization
of future work in order to ensure the success of the conference of
plenipotentiaries,
 
      Expressing deep appreciation for the renewed offer of the Government of
Italy to host a conference on the establishment of an international criminal
court in June 1998,
 
      1.    Takes note of the report of the Preparatory Committee on the
Establishment of an International Criminal Court, including the
recommendations contained therein, and expresses its appreciation to the
Preparatory Committee for the useful work done and the progress made in
fulfilling its mandate;
 
      2.    Takes note also of the various views of Governments expressed
during the consideration of the report of the Preparatory Committee in the
Sixth Committee during the fifty-first session of the General Assembly;
 
      3.    Decides to reaffirm the mandate of the Preparatory Committee, and
directs it to proceed in accordance with paragraph 368 of its report;
 
      4.    Decides also that the Preparatory Committee shall meet from 11 to
21 February, 4 to 15 August and 1 to 12 December 1997, and from 16 March to 3
April 1998, in order to complete the drafting of a widely acceptable
consolidated text of a convention, to be submitted to the diplomatic
conference of plenipotentiaries, and requests the Secretary-General to provide
the Preparatory Committee with the necessary facilities for the performance of
its work;
 
      5.    Decides further that a diplomatic conference of plenipotentiaries
shall be held in 1998, with a view to finalizing and adopting a convention on
the establishment of an international criminal court;
 
      6.    Urges participation in the Preparatory Committee by the largest
number of States so as to promote universal support for an international
criminal court;
 
      7.    Requests the Secretary-General to establish a special fund for the
participation of the least developed countries in the work of the Preparatory
Committee and in the diplomatic conference of plenipotentiaries, and calls
upon States to contribute voluntarily to that special fund;
 
      8.    Decides to include in the provisional agenda of its fifty-second
session the item entitled "Establishment of an international criminal court"
in order to have the necessary arrangements made for the diplomatic conference
of plenipotentiaries to be held in 1998, unless the General Assembly decides
otherwise in view of relevant circumstances.
      

 

 



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