Journal for 3 - 4 July 1998

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Consideration of the report of the Working Group on General Principles of Criminal Law (Part 3) (A/CONF.183/C.1/WGGP/L.4/Add.1/Rev.1): article 23 (Individual criminal responsibility); article 25 (Responsibility of commanders and superiors); article 28 Actus reus (act and/or omission); article 30 (Mistake of fact or law); article 31 (Grounds for excluding criminal responsibility); article 32 (Superior orders and prescription of law); [article 33] (Possible grounds for excluding criminal responsibility specifically referring to war crimes); and article 34 (Other grounds for excluding criminal responsibility).

DRAFTING COMMITTEE (Malaysia Room)

20th meeting 10 a.m.-1 p.m. (closed)

Consideration of texts referred by the Committee of the Whole (A/CONF.183/DC/R.65-R.68). Second reading of article 61 (Confirmation of the charges before trial); article 62 (Place of trial); and article 65 (Proceedings on an admission of guilt). First reading of article 85 (General obligation to cooperate); article 86 (Requests for cooperation: general provisions); article 88 (Contents of request for [surrender] [transfer] [extradition]); article 89 (Provisional arrest); article 90 bis (Contents of request for other forms of assistance under article 90); article 91 (Execution of requests under articles 90 and 90 bis); and article 91 bis (Costs).

21st meeting 3-6 p.m. (closed)

WORKING GROUP ON PROCEDURAL MATTERS (Green Room)

17th meeting 10 a.m.-1 p.m.

Consideration of Part 8 (Appeal and Review) of the draft Statute (A/CONF.183/2/Add.1 and Corr.1): article 80 (Appeal against judgement or sentence); article 81 (Appeal against interlocutory decision); article 82 (Proceedings on appeal); article 83 (Revision of conviction or sentence); and [article 84] (Compensation to a suspect/accused/convicted person).

18th meeting 3-6 p.m.

WORKING GROUP ON PENALTIES (Green Room)

4th meeting 7-10 p.m.

Consideration of Part 7 (Penalties) of the draft Statute (A/CONF.183/2/Add.1 and Corr.1).

Saturday, 4 July 1998 WORKING GROUP ON PROCEDURAL MATTERS (Green Room)

19th meeting 10 a.m.-1 p.m.

Consideration of Part 5 (Investigation and Prosecution) and Part 6 (The Trial) of the draft Statute (A/CONF.183/2/Add.1 and Corr.1, A/CONF.183/C.1/WGPM/L.38-L.40).

20th meeting 4.30-6 p.m.

Consideration of Part 5 (Investigation and Prosecution) and Part 6 (The Trial) of the draft Statute (A/CONF.183/2/Add.1 and Corr.1, A/CONF.183/C.1/WGPM/L.38-L.40).

WORKING GROUP ON GENERAL PRINCIPLES OF CRIMINAL LAW (Green Room)

10th meeting 3-4.30 p.m.

Consideration of Part 3 (General Principles of Criminal Law) of the draft Statute (A/CONF.183/2/Add.1 and Corr.1, and A/CONF.183/C.1/WGGP/L.4/Add.2).

SUMMARY OF MEETINGS Thursday, 2 July 1998 COMMITTEE OF THE WHOLE

22nd meeting

The Committee of the Whole considered the report of the Working Group on International Cooperation and Judicial Assistance (Part 9) (A/CONF.183/C.1/WGIC/L.11): article 85 (General obligation to cooperate); article 86 ([Requests for cooperation: general provisions]); article 87 ([Surrender] [Transfer] [Extradition] of persons to the Court); article 88 (Contents of request for [surrender] [transfer] [extradition]); article 89 (Provisional arrest); article 90 (Other forms of cooperation [and judicial and legal [mutual] assistance]); article 91 (Execution of requests under article 90); and [article 92] (Rule of speciality).

DRAFTING COMMITTEE

19th meeting

The Drafting Committee adopted on second reading (A/CONF.183/DC/R.59 and R.63) article 62 (Place of the trial) and article 65 (Proceedings on an admission of guilt).

WORKING GROUP ON INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE

5th meeting

The Working Group considered Part 9 of the draft Statute (A/CONF.183/C.1/WGIC/L.8/Rev.1 and L.10): article 85 (General obligation to cooperate); article 86 (Requests for cooperation: general provisions); article 88 (Contents of request for [surrender] [transfer] [extradition]); article 89 (Provisional arrest); article 90 bis (Contents of requests for other forms of assistance under article 90); article 91 (Execution of requests under articles 90 and 90 bis); and article 91 bis (Costs).

WORKING GROUP ON GENERAL PRINCIPLES OF CRIMINAL LAW

9th meeting

The Working Group continued its consideration of Part 3 (General Principles of Criminal Law) of the draft Statute (A/CONF.183/2/Add.1 and Corr.1).

WORKING GROUP ON ENFORCEMENT

3rd meeting

The Working Group continued its consideration of Part 10 (Enforcement) of the draft Statute (A/CONF.183/2/Add.1 and Corr.1 and A/CONF.183/C.1/WGE/L.1-L.3): article 93 (General obligation regarding recognition [and enforcement] of judgements); article 94 (Role of States in enforcement [and supervision] of sentences of imprisonment); and article 99 (Enforcement of fines and forfeiture measures).

4th meeting

WORKING GROUP ON PROCEDURAL MATTERS

16th meeting

The Working Group continued its consideration of Part 6 (The Trial) of the draft Statute (A/CONF.183/2/Add.1 and Corr.1, A/CONF.183/C.1/WGPM/L.29-L.37).

* * * NOTICE

Please be advised that the Polish Bar on the ground floor of Building A is now open, on an exceptional basis, in the evenings from 6 to 8 p.m. for the duration of the Conference. Sandwiches, snacks and beverages are available during those hours.

----- JOURNAL No. 12 Thursday, 2 July 1998 COMMITTEE OF THE WHOLE (Red Room)

22nd meeting 3 p.m.

Consideration of the report of the Working Group on International Cooperation and Judicial Assistance (Part 9) (A/CONF.183/C.1/WGIC/L.11): article 85 (General obligation to cooperate); article 86 ([Requests for cooperation: general provisions]); article 87 ([Surrender] [Transfer] [Extradition] of persons to the Court); article 88 (Contents of request for [surrender] [transfer] [extradition]); article 89 (Provisional arrest); article 90 (Other forms of cooperation [and judicial and legal [mutual] assistance]); article 91 (Execution of requests under article 90); and [article 92] (Rule of speciality).

DRAFTING COMMITTEE (Malaysia Room)

19th meeting 10 a.m.-1 p.m. (closed)

Consideration of texts referred by the Committee of the Whole (A/CONF.183/DC/R.29/Corr.1, R.58, R.59, R.61, R.63 and R.64): article 54 (Initiation of an investigation); article 61 (Confirmation of the charges before trial); article 62 (Place of trial); article 65 (Proceedings on an admission of guilt); and article 69 (Evidence).

20th meeting 3-6 p.m. (closed)

WORKING GROUP ON INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE (Red Room)

5th meeting 10-11 a.m.

Consideration of Part 9 of the draft Statute (A/CONF.183/C.1/WGIC/L.8/Rev.1 and L.10): article 85 (General obligation to cooperate); article 86 (Requests for cooperation: general provisions); article 88 (Contents of request for [surrender] [transfer] [extradition]); article 89 (Provisional arrest); article 90 bis (Contents of requests for other forms of assistance under article 90); article 91 (Execution of requests under articles 90 and 90 bis); and article 91 bis (Costs).

WORKING GROUP ON GENERAL PRINCIPLES OF CRIMINAL LAW (Green Room)

9th meeting 10-11.30 a.m.

Consideration of Part 3 (General Principles of Criminal Law) of the draft Statute (A/CONF.183/2/Add.1 and Corr.1).

WORKING GROUP ON ENFORCEMENT (Green Room)

3rd meeting 11.30 a.m.-1 p.m.

Consideration of Part 10 (Enforcement) of the draft Statute (A/CONF.183/2/Add.1 and Corr.1 and A/CONF.183/C.1/WGE/L.1-L.3): article 93 (General obligation regarding recognition [and enforcement] of judgements); article 94 (Role of States in enforcement [and supervision] of sentences of imprisonment); and article 99 (Enforcement of fines and forfeiture measures).

4th meeting 3-6 p.m.

WORKING GROUP ON PROCEDURAL MATTERS (Green Room)

16th meeting 7-10 p.m.

Consideration of Part 6 (The Trial) of the draft Statute (A/CONF.183/2/Add.1 and Corr.1, A/CONF.183/C.1/WGPM/L.29-L.37).

* * * SUMMARY OF MEETINGS Wednesday, 1 July 1998 DRAFTING COMMITTEE

17th meeting

The Drafting Committee adopted on second reading (A/CONF.183/DC/R.30/Rev.1, R.57, R.60 and R.62): article 54 bis (Powers and duties of the Prosecutor with respect to investigations); article 54 ter (Rights of persons during an investigation); article 58 (Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear); and a revision of article 3 (Seat of the Court). The Drafting Committee adopted on first reading (A/CONF.183/DC/R.59) article 62 (Place of the Trial).

18th meeting

The Drafting Committee adopted on first reading (A/CONF.183/DC/R.63 and R.64): article 65 (Proceedings on an admission of guilt) and article 69 (Evidence).

WORKING GROUP ON PENALTIES

3rd meeting

The Working Group continued its consideration of Part 7 (Penalties) of the draft Statute (A/CONF.183/2/Add.1 and Corr.1): article 75 (Applicable penalties); article 77 (Determination of sentence); article 78 (Applicable national legal standards); and article 79 (Fines [and assets] collected by the Court).

WORKING GROUP ON ENFORCEMENT

2nd meeting

The Working Group continued its consideration of Part 10 (Enforcement) of the draft Statute (A/CONF.183/2/Add.1 and Corr.1 and L.1-L.3): article 93 (General obligation regarding recognition [and enforcement] of judgements); article 94 (Role of States in enforcement [and supervision] of sentences of imprisonment); and article 99 (enforcement of fines and forfeiture measures).

* * * NOTICE

Please be advised that the Polish Bar on the ground floor of Building A is now open, on an exceptional basis, in the evenings from 6 to 8 p. m. for the duration of the Conference. Sandwiches, snacks and beverages are available during those hours.