Non-paper submitted by the delegations of Argentina, Brazil and Switzerland as of 6 June 2010

Draft resolution on the crime of aggression

The Review Conference,

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1. Decides to adopt the amendments to the Rome Statute of the International Criminal Court (hereinafter: “the Statute”) contained in annex I of the present resolution, which are subject to ratification or acceptance simultaneously through one single instrument of ratification or acceptance, and that amendments 1, 2, 4, 5 and 6 shall enter into force one year after the deposit of one instrument of ratification or acceptance in accordance with article 121, paragraph 5, of the Statute and amendment 3 shall enter into force one year after the deposit of instruments of ratification or acceptance by seven-eighths of States Parties in accordance with article 121, paragraph 4, of the Statute.

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ANNEX I

AMENDMENTS TO THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ON THE CRIME OF AGGRESSION

(Security Council referral)

1. Article 5, paragraph 2, of the Statute is replaced by the following text:

2. The Court may exercise jurisdiction over the crime of aggression as defined in article 8 bis, in accordance with article 13, paragraph (b), subject to the provisions of this paragraph.

(a) Where the Prosecutor examines a situation referred to him or her by the Security Council and concludes that there is a reasonable basis to proceed with an investigation in respect of a crime of aggression, he or she shall first ascertain whether the Security Council has made a determination of an act of aggression committed by the State concerned.