1. This discussion paper proposes updated Elements of the crime of aggression which incorporate progress made during substantive discussions on the definition of the crime since the circulation of draft elements in 2002. It has been prepared pursuant to the mandate of the Special Working Group on the Crime of Aggression (SWGCA) as set out in Resolution F of the Final Act of the Rome Conference and the resolution of the Assembly of States Parties on ‘The Continuity of work in respect of the crime of aggression’, also referred to in paragraph 30 of the Report of the SWGCA of 26 November 2008. This discussion paper is intended to promote in-depth consideration of the Elements as part of the overall package of work on the crime of aggression leading up to the Review Conference.

2. The SWGCA has discussed the need for Article 9 of the Rome Statute to be amended to refer to the crime of aggression. Paragraph 1 of the General Introduction to the Elements of Crimes will also require similar amendment.