(Paragraphs (4) and (5) of the Chairman's paper)

The present non-paper is aimed at facilitating discussions in Princeton with respect to paragraphs (4) and (5) of the Chairman's paper, dealing with pre-conditions for the exercise of jurisdiction. The paper is submitted in response to suggestions made at the Special Working Group on the Crime of Aggression meeting in January 2007 aimed at improving the drafting technique of these paragraphs. Specifically, it was suggested that clarification is needed in order to determine at what stage of the proceedings and through which Court organ the notification should be effected. The paper furthermore contains wording reflecting the approach of allowing the Council to give the Court the “green light” to proceed with a case, without making a determination that an act of aggression had occurred (see paragraph 31 of the report of the Special Working Group meeting in January 2007).