Among the tough issues are the Court's jurisdiction, the Security Council's role, the powers of the Prosecutor, state consent, the definitions of war crimes and crimes against humanity, financing and the proposed inclusion of aggression, said Marc Perrin de Brichambaut, director of legal affairs at the French foreign ministry.

At a press conference, De Brichambaut said: "This is a diplomatic conference of exceptional difficulty, and is almost revolutionary in the changes it is expecting of the international system and the relationship between individuals and states."

He added that the working practices of diplomats had shown themselves too be much more secretive than non-government organisations had expected. But "I don't think there is any obstruction going on by anyone, and the debates have been of excellent quality. To have a workable text to sign on 18 July, delegations need to keep up the pace, understand the issues and keep discussing them with an open mind, " he said.

Some have begun to wonder about the possibility of the conference ending without an ironed-out legal text. But De Brichambaut said: "The statute open for signature on that date will be a less than perfect, pragmatic document, but it will be a first step."

Brichambaut said that the Security Council should be able to refer matters to the tribunal as this was "well known to be in the interests of everyone." For all the criticism of the ill effects of excessive Council control over the Court, he pointed out that "it has created and consistently supported two courts and has never impeded their judicial function and independence".

"Suspension (of investigation by the Council) is a necessary fact of life - otherwise it would be difficult for the Security Council to do its duty. However, there would need to be a time limit and there would have to be certain precautionary measures," he added.

On aggression, de Brichaumbaut said its definition remained within the Security Council's purview. But since this would clearly have a considerable impact on the court, "it will need to be much more thorough and precise."

Reactions to the French proposals for an ex officio Prosecutor collaborating with a pre-trial chamber had been "quite positive," said De Brichambaut. On state consent, he said the Court's long-term goal must be to have the support of the international community, if it was to be a "functioning institution."

"The court must have very strong signals from major players especially the US. I would expect the package agreed on here to achieve this. It would be very useful to have countries such as Russia and China on board," he said.

The Arab states' presence at the ICC conference was not negative, according to De Brichambaut. "They have shown themselves to be in a bargaining mood," he said. "But they should consider how far the very sharp and political negotiating position they tend to take initially will get them." "We recognise that countries are not homogeneous. European countries have much more experience in human rights. For some countries they are a radically new idea, " De Brichambaut explained.

Likewise, trial in absentia was "an important tool for the future ICC" that would involve merging systems of common law, and had been debated in the context of the UN tribunal for the former Yugoslavia, De Brichambaut said. Though the tribunal's current judge was not employing trial in absentia, Article 61 of the tribunal's statute, which allows for indictments against war criminals without their arrest, had been "helpful" in allowing charges to be brought against Bosnian Serb leader Radovan Karadzic initially, he said.

But Salvatore Zappala, a legal adviser to the Bosnian delegation who had previously worked with the UN tribunal, warned there could also be an adverse side to in absentia trials if they are perceived as the culmination of the legal process. "There will be a show, you satisfy the requirements of reaching a judicial truth but the pressure (to apprehend suspected criminals) might finish," he argued. Alison Dickens