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137 - 2010 Introductory Remarks by the Chairman (7 June)

Published online by Cambridge University Press:  05 June 2014

Stefan Barriga
Affiliation:
United Nations, New York
Claus Kreß
Affiliation:
Universität zu Köln
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Summary

{. . .} The paper reflects the progress and discussions we have held last week. There are no big surprises in the revised version, but it reflects the fact that we now have to focus on the most promising avenues for a solution.

The draft enabling resolution remains unchanged. There are some changes in the draft amendments, namely in draft article 15 bis. There is a new footnote in paragraph 1 of 15 bis, referring to the idea of a delayed entry into force. This idea has attracted some interest as a possible element that could help shape a final package in the end.

Paragraph 4 on jurisdictional filters is now considerably shorter than in the previous version. We are narrowing down the options, so that we can work on the basis of those that have met with the greatest support. Of course nothing is agreed until everything is agreed, but as Chair it is my duty to explore where the middle ground lies. Alternative 1 of paragraph 4 focuses on Option 1, which requires a substantive determination of the Security Council, while Alternative 2 of paragraph 4 focuses on Option 2, the Pre-Trial Chamber. Reference is also made to ideas for enhancing the Pre-Trial Chamber filter, for example by making use of the Pre-Trial Division as a whole, or by including an automatic appeals procedure.

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Publisher: Cambridge University Press
Print publication year: 2011

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