Book contents
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Table of documents
- I Introduction to the negotiation history
- II Amendments to the Rome Statute on the Crime of Aggression
- III Historical documents
- IV Travaux Préparatoires of the Amendments to the Rome Statute on the Crime of Aggression (1995–2010)
- 1995 Ad Hoc Committee
- 1996 Preparatory Committee, First and Second Session
- February 1997
- December 1997
- January 1998
- March/April 1998
- 1998
- February 1999
- July/August 1999
- November/December 1999
- March 2000
- November/December 2000
- February/March 2001
- September/October 2001
- April 2002
- July 2002
- September 2002
- September 2003
- June 2004
- June 2005
- December 2005
- June 2006
- November 2006
- January 2007
- June 2007
- December 2007
- June 2008
- November 2008
- February 2009
- 119 2009 Chairman's Paper
- 120 2009 Note on the Work Programme
- 121 2009 Chairman's Non-Paper on Other Substantive Issues
- 122 2009 SWGCA Report
- 123 2009 SWGCA Proposals
- April 2009
- June 2009
- November 2009
- March 2010
- May/June 2010
- V Index of Travaux Préparatoires
121 - 2009 Chairman's Non-Paper on Other Substantive Issues
Published online by Cambridge University Press: 05 June 2014
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Table of documents
- I Introduction to the negotiation history
- II Amendments to the Rome Statute on the Crime of Aggression
- III Historical documents
- IV Travaux Préparatoires of the Amendments to the Rome Statute on the Crime of Aggression (1995–2010)
- 1995 Ad Hoc Committee
- 1996 Preparatory Committee, First and Second Session
- February 1997
- December 1997
- January 1998
- March/April 1998
- 1998
- February 1999
- July/August 1999
- November/December 1999
- March 2000
- November/December 2000
- February/March 2001
- September/October 2001
- April 2002
- July 2002
- September 2002
- September 2003
- June 2004
- June 2005
- December 2005
- June 2006
- November 2006
- January 2007
- June 2007
- December 2007
- June 2008
- November 2008
- February 2009
- 119 2009 Chairman's Paper
- 120 2009 Note on the Work Programme
- 121 2009 Chairman's Non-Paper on Other Substantive Issues
- 122 2009 SWGCA Report
- 123 2009 SWGCA Proposals
- April 2009
- June 2009
- November 2009
- March 2010
- May/June 2010
- V Index of Travaux Préparatoires
Summary
1. In previous meetings of the Special Working Group on the Crime of Aggression (SWGCA), in particular during the seventh session of the Assembly, a number of issues have surfaced which the Review Conference might usefully address when adopting the amendment on aggression, though not necessarily in the amendment text itself. Instead, these issues could be dealt with in the resolution by which the provisions on aggression are adopted, or elsewhere in the Final Act of the Conference. Delegations might also be of the view that some, or all of these issues, do not need to be addressed explicitly at all, e.g. because they would be reflected in the report of the Working Group or elsewhere in the “travaux préparatoires”.
2. The drafting suggestions below are thus only submitted with a view to facilitating a deeper discussion of the issues addressed, without prejudice to the eventual placement and format of such text.
Activation of the Court’s subject-matter jurisdiction on aggression with respect to Security Council referrals
3. Delegations might wish to deepen the consideration of this question, which was only preliminarily discussed during the last session. There appeared to be increasing acceptance of the view that, in accordance with article 5, paragraph 2, of the Statute, the Court would be able to exercise jurisdiction over the crime of aggression on the basis of a Security Council referral immediately after the adoption of the provision on aggression by the Review Conference. Such an approach would follow from the wording of article 5, paragraph 2, and more generally from the jurisdictional system established by articles 12 and 13 of the Rome Statute, which do not require State consent in case of Security Council referrals. […]
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- The Travaux Préparatoires of the Crime of Aggression , pp. 643 - 647Publisher: Cambridge University PressPrint publication year: 2011