1. The present non-paper is aimed at facilitating discussions at the resumed session with respect to the major outstanding issues regarding the “conditions for the exercise of jurisdiction” over the crime of aggression. It is intended to sharpen the focus of the discussions on this topic held at the June 2009 Princeton Club meeting and should thus be read together with the report of that meeting and in particular the non-paper on the conditions for the exercise of jurisdiction contained in annex III.

2. It is recalled that according to the proposals of the Special Working Group on the Crime of Aggression, all three existing trigger mechanisms would apply to the crime of aggression: State referral, Security Council referral, and proprio motu investigation (draft article 15 bis, paragraph 1). In this regard, the crime of aggression would not differ from the other crimes under the Statute.

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