The International Criminal Court: third ICJ position paper

The ICJ published a new position paper seeking to build on its previous work on this issue, in several ways.

First, it provides a thorough discussion of the ILC’s approach to the issues that the Ad Hoc Committee focused upon at its first meeting. Second, the paper summarises the discussions of the Ad Hoc Committee concerning these issues. Third, it offers the ICJ’s comments and suggestions on several of the issues, continuing and expanding upon the themes developed in the ICJ’s earlier papers.

This comparison of the approaches taken by the ILC and the Ad Hoc Committee offers a useful insight into the issues that must be addressed in establishing a permanent Court. The ILC is a body of independent legal experts charged with the task of drafting the Statute of the Court. The Ad Hoc Committee is composed of governmental delegations from many of the world’s nations. Certainly, some of the criticisms of the Statute made during the Ad Hoc Committee meeting reflect this difference in background.”

The paper focuses on:

  • Establishment and composition of the ICC
  • Applicable law and jurisdiction of the Court
  • Exercise of jurisdiction
  • Due process
  • Relationship between States Parties, non-States parties and the ICC
  • Effects of judgements
  • Budget and administration

International Criminal Court-position paper-1995-eng (full text in English, PDF)

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