At the request of several delegations, we should like to make the following clarifications in writing concerning the proposal submitted:

1. In preparing this proposal, we had in mind the document submitted by the Coordinator and the other proposals under discussion, with a view to helping progress towards a consensus.

2. The starting-point was the need to separate the definition of the crime of aggression from the conditions for the exercise of the jurisdiction of the Court with regard to that crime, as provided in article 5, paragraph 2, of the Statute.

3. The proposed definition contains the following elements:

3.1. The conduct consists of the planning, preparation, ordering, initiation or execution of an armed attack on a State. The crime is committed when there is participation in any of those acts, which are described in general terms.

3.2. The consequence of the aggressive conduct is injury to protected interests: a State's territorial integrity, sovereignty or political independence.

3.3. The circumstance characterizing an armed attack is the illegitimate use of force.

3.4. The active subject or subjects envisaged would be the person or persons in a position to exercise control or direct the political or military action of a State.

4. Conditions for the exercise of the jurisdiction of the Court

4.1. The first paragraph emphasizes respect for the Charter of the United Nations in relation to the responsibilities of the Security Council for the maintenance of international peace and security and its powers under Chapter VII, in accordance with the provisions at the end of paragraph 2 of article 5 of the Statute.