Conditions under which the Court shall exercise jurisdiction with respect to the crime of aggression

1. The Court shall exercise its jurisdiction with respect to the crime of aggression in accordance with the Statute and in a manner consistent with the Charter of the United Nations, in particular its Articles 24 and 39.

2. Where a situation involving the crime of aggression is referred to the Prosecutor pursuant to article 13 (b) of the Statute, the Prosecutor shall proceed with the case in accordance with the Statute and the Rules of Procedure and Evidence.

3. Where a situation in which a crime of aggression appears to have been committed is referred to the Prosecutor pursuant to article 13 (a) of the Statute, or where the Prosecutor intends to make a request of authorization of an investigation proprio motu under article 15 of the Statute, and the Security Council has made no determination under article 39 as to the existence or otherwise of an act of aggression by the State concerned, the Court shall notify the Security Council of the situation before the Court.

4. Where the Security Council makes no such determination, or does not invoke Article 16, within 12 months from the date of notification by the Court, the Court may notify the General Assembly of the situation before the Court and invite the General Assembly to request the International Court of Justice, in accordance with Article 96 of the Charter, to give an advisory opinion on the legal question of the existence or otherwise of an act of aggression by the State concerned.

5. Where, following a request by the General Assembly, the International Court of Justice delivers an advisory opinion that there has been an act of aggression by the State concerned, and the General Assembly so recommends, the Prosecutor shall proceed with the case in accordance with the Statute and the Rules of Procedure and Evidence.