Explanatory Note

1. At this stage of the process, Belgium notes that the negotiations of the Special Working Group on the Crime of Aggression have led the coordinator to draft working papers focusing essentially on the definition of the crime of aggression and on the elements of the crime. Belgium, however, deems it appropriate to present a proposal that focuses on the issue of jurisdiction of the Court with respect to the crime of aggression in accordance with article 5, paragraph 2, of the Statute.

2. This draft proposal, contained in the annex, should not per se be seen as Belgian national position but as a draft proposal presented by Belgium with a view to hitting a new stride in the negotiating process on the rules of jurisdiction of the Court with respect to the crime of aggression.

3. The discussion paper follows the format of the 2002 Coordinator’s paper in that it only covers the draft provisions for the crime of aggression itself and its elements of crime. At the same time, it also indicates where amendments might have to be made to other parts of the Statute, in order to allow for a smooth incorporation of the provisions on the crime of aggression into the Statute.

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