14. The CHAIRMAN said that the Committee would now consider the provisions on aggression and other crimes.

15. Mr. VAN DER WIND (Netherlands), acting as Coordinator, said that the crime of aggression had been discussed in the Preparatory Committee, initially on the basis of the definition included in the Nuremberg Charter and of the definition included in General Assembly resolution 3314 (XXIX). During those discussions, it had become clear that neither of the precedents was considered acceptable or appropriate for full inclusion.

16. The relevant section of the draft Statute contained three options. Option 1 was an attempt to combine elements of the Nuremberg precedent and the resolution 3314 precedent. However, option 3 was later considered to have taken over the role of option 1, though a number of delegations were still in favour of the option 2 approach, in which acts which might constitute aggression were also enumerated.

17. Whatever the option selected, two elements deserved further consideration by the Committee of the Whole, namely, whether determination of aggression by the Security Council should be a prerequisite for action by the Court, and whether occupation or annexation was also an essential element. {. . .}