1. The present non-paper is aimed at facilitating the discussions at the Princeton Club on the Elements of the crime of aggression and reflects the progress made during the substantive discussions on the definition of the crime since the circulation of the draft Elements in 2002. It follows up on the work done pursuant to the mandate of the Preparatory Commission, as set out in resolution F of the Final Act of the Rome Conference, and the Special Working Group on the Crime of Aggression (hereinafter “the Group”), pursuant to resolution ICC-ASP/1/Res.1 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 Group of November 2008. This non-paper is intended to promote in-depth consideration of the Elements as part of the overall process leading up to the Review Conference.

2. A discussion paper, prepared by Australia and Samoa, was informally distributed at the last meeting of the Group in February 2009 and thereafter considered at a small informal retreat on the Elements of Crimes for the crime of aggression, held at Montreux, Switzerland, from 16–18 April 2009. A brief summary of the discussions at the retreat has been circulated separately. During this retreat, several options for possible Elements were envisaged, and a number of drafting ideas were suggested.