The following is a checklist of issues to be addressed in developing proposals for a provision on aggression in accordance with article 5, paragraph 2, of the Rome Statute and resolution F, paragraph 7, adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court.

N.B. This non-exhaustive list is intended to facilitate a thematic discussion of possible issues, most of which are closely interrelated. The list is based on the preliminary list of issues contained in document PCNICC/2001/L.1/Rev.1, which was revised by the intersessional meeting held at the Liechtenstein Institute on Self-Determination at Princeton University from 21 to 23 June 2004.

I. Issues relating to the Rome Statute

• Definition

• Conditions under which the Court shall exercise jurisdiction

• Consistency with the relevant provisions of the Charter of the United Nations

• Complementarity and admissibility

• Ne bis in idem

The latter two issues were discussed and there was agreement that they posed no particular problems at this point. There was also an understanding that they should both be revisited in the light of an agreed definition of the crime of aggression and the conditions under which the Court would exercise its jurisdiction over the crime.