Fiftieth session
Agenda item 142
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
The General Assembly,
Recalling its resolution 47/33 of 25 November 1992, in which
it requested the International Law Commission to undertake the
elaboration of a draft statute for an international criminal court,
Recalling also its resolution 48/31 of 9 December 1993,
in which it requested the International Law Commission to continue
its work on the question of the draft statute for an international
criminal court, with a view to elaborating a draft statute for
such a court, if possible at the Commission's forty-sixth session
in 1994,
Recalling further that the International Law Commission
adopted a draft statute for an international criminal court Official
Records of the General Assembly, Forty-ninth Session, Supplement
No. 10 (A/49/10), para. 91. at its forty-sixth session 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, Ibid.,
para. 90.
Recalling 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,
Noting that the Ad Hoc Committee on the Establishment of
an International Criminal Court has made considerable progress
during its sessions on the review of the major substantive and
administrative issues arising out of the draft statute prepared
by the International Law Commission,
Noting also that the States participating in the Ad Hoc
Committee still have different views on major substantive and
administrative issues arising out of the draft statute prepared
by the International Law Commission and that, therefore, further
discussions are needed for reaching consensus on the above issues
in the future,
Noting further that the Ad Hoc Committee is of the opinion
that issues can be addressed most effectively by combining further
discussions with the drafting of texts, with a view to preparing
a consolidated text of a convention for an international criminal
court as a next step towards consideration by a conference of
plenipotentiaries,
Noting that the Ad Hoc Committee recommends that the General
Assembly take up the organization of future work with a view to
its early completion, given the interest of the international
community in the establishment of an international criminal court,
Noting also that the Ad Hoc Committee encourages participation
by the largest number of States in its future work in order to
promote universality,
Expressing deep appreciation for the renewed offer of the
Government of Italy to host a conference on the establishment
of an international criminal court,
1. Takes note of the report of the Ad Hoc Committee on the Establishment
of an International Criminal Court, Ibid., Fiftieth Session, Supplement
No. 22 (A/50/22). including the recommendations contained therein,
and expresses its appreciation to the Ad Hoc Committeefor the
useful work done;
2. Decides 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 decides 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 A/AC.244/1 and Add.1-4. and, as appropriate,
contributions of relevant organizations;
3. Also decides that the Preparatory Committee will meet from
25 March to 12 April and from 12 to 30 August 1996 and submit
its report to the General Assembly at the beginning of its fifty-first
session, and requests the Secretary-General to provide the Preparatory
Committee with the necessary facilities for the performance of
its work;
4. Urges participation in the Preparatory Committee by the largest
number of States in order to promote universal support for an
international criminal court;
5. Decides to include in the provisional agenda of its fifty-first
session an item entitled "Establishment of an international
criminal court", in order to study the report of the Preparatory
Committee and, in the light of that report, to decide 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 the duration of the
conference.
87th plenary meeting
11 December 1995 .