1. In previous meetings of the Special Working Group on the Crime of Aggression (SWGCA), in particular during the seventh session of the Assembly, a number of issues have surfaced which the Review Conference might usefully address when adopting the amendment on aggression, though not necessarily in the amendment text itself. Instead, these issues could be dealt with in the resolution by which the provisions on aggression are adopted, or elsewhere in the Final Act of the Conference. Delegations might also be of the view that some, or all of these issues, do not need to be addressed explicitly at all, e.g. because they would be reflected in the report of the Working Group or elsewhere in the “travaux préparatoires”.

2. The drafting suggestions below are thus only submitted with a view to facilitating a deeper discussion of the issues addressed, without prejudice to the eventual placement and format of such text.

Activation of the Court’s subject-matter jurisdiction on aggression with respect to Security Council referrals

3. Delegations might wish to deepen the consideration of this question, which was only preliminarily discussed during the last session. There appeared to be increasing acceptance of the view that, in accordance with article 5, paragraph 2, of the Statute, the Court would be able to exercise jurisdiction over the crime of aggression on the basis of a Security Council referral immediately after the adoption of the provision on aggression by the Review Conference. Such an approach would follow from the wording of article 5, paragraph 2, and more generally from the jurisdictional system established by articles 12 and 13 of the Rome Statute, which do not require State consent in case of Security Council referrals. […]