This morning, the Working Group on International Cooperation and Judicial Assistance (Part 9) considered Articles 85 and 86 of the draft statute.  In introducing Part 9, the Coordinator, Phasiko Mochochoko of Lesotho told delegates that a number of issues still remained unresolved and that many parts are heavily bracketed.  The issues under Part 9 were discussed by Working Group 5 of the Preparatory Committee for the Conference and also in the context of matters related to  national security information and the Assembly of States Parties.

Part 9 concerns obligation of States Parties to cooperate with the Court and also the question of cooperation by non-States Parties.  Contentious issues include what body will deal with failure by a State not party to the statute to cooperate with the Court.  Three options were given: the Assembly of States Parties, the United Nations General Assembly, or the United Nations Security Council.  Several delegations favoured the General Assembly or the Security Council to address non-cooperation by non-State Parties and referral to the Asssembly of States Parties of cases of failure by States Parties to cooperate with the Court.

This afternoon the Committee of the Whole will hear a report from the Working Group on procedural matters on Part 5 of the statute , including articles on the function of the Pre-Trial Chamber and commencement of prosecution and arrest.  At present, three Working Groups have been created to deal with different topics.  More Working Groups will be created next week to handle the remaining issues.