He said that the real negotiations are taking place neither in the formal nor in the informal fora, but elsewhere as "informal informal" talks, without properly taking into account all those interested governments.

Spain, at least, was not among the 30-odd countries invited to the meeting convoked by chairman Philippe Kirsch at the Canadian Embassy on Jul 5, he added. Diplomatic sources say the group was selected in order to reflect all significant positions in the Conference, but not all feel that way, it seems.

Kirsch said that he had taken special precautions regarding formal and informal negotiations and that all 12 coordinators are informed of all developments. They, in turn, deliver the information to delegations.

Notwithstanding this fact, he added, "in any negotiation" there are delegations that are not fully informed or out of some processes, which is "inevitable."

Yañez-Barnuevo expressed also concern that too many concessions were being adopted to please countries that will then "perhaps not be able to sign or ratify or will have problems, leaving aside the interests expressed by the core nucleus of countries which will sign and ratify."

"It is essential to know what will be the core group of countries with which this Court will take off…There cannot be laid down a package that will not meet their concerns," he added.

He said that it was particularly worrying to see that there are attempts to establish "different regimes" of jurisdiction for the three core crimes - genocide, crimes against humanity and war crimes- which he said would render the Court ineffective.

The Spanish diplomat had been present in the drafting of the two ad-hoc tribunals - that for the former Yugoslavia and Rwanda - established by the United Nations Security Council, and expressed his hope that he will also be part of the ICC's birth here in Rome.