Book contents
- Frontmatter
- Foreword to the Second Edition
- Foreword to the First Edition
- Preface
- Contents
- List of Abbreviations
- PART I INTRODUCTION AND FRAMEWORK OF ANALYSIS
- PART II COLLECTIVE SECURITY AND THE JUS CONTRA BELLUM
- PART III THE CRIMINALISATION OF AGGRESSION
- PART IV THE INTERNATIONAL CRIMINAL COURT AND THE CRIME OF AGGRESSION
- PART V NATIONAL AND REGIONAL CRIMINALISATION AND PROSECUTION OF THE CRIME OF AGGRESSION
- PART VI ANNEXES
- Annex I Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression
- Annex II Amendments to the Elements of Crimes, Rome Statute of the International Criminal Court
- Annex III Understandings regarding the Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression
- Case Register
Annex III - Understandings regarding the Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression
from PART VI - ANNEXES
Published online by Cambridge University Press: 12 December 2017
- Frontmatter
- Foreword to the Second Edition
- Foreword to the First Edition
- Preface
- Contents
- List of Abbreviations
- PART I INTRODUCTION AND FRAMEWORK OF ANALYSIS
- PART II COLLECTIVE SECURITY AND THE JUS CONTRA BELLUM
- PART III THE CRIMINALISATION OF AGGRESSION
- PART IV THE INTERNATIONAL CRIMINAL COURT AND THE CRIME OF AGGRESSION
- PART V NATIONAL AND REGIONAL CRIMINALISATION AND PROSECUTION OF THE CRIME OF AGGRESSION
- PART VI ANNEXES
- Annex I Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression
- Annex II Amendments to the Elements of Crimes, Rome Statute of the International Criminal Court
- Annex III Understandings regarding the Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression
- Case Register
Summary
Referrals by the Security Council
It is understood that the Court may exercise jurisdiction on the basis of a Security Council referral in accordance with article 13, paragraph (b), of the Statute only with respect to crimes of aggression committed after a decision in accordance with article 15 ter, paragraph 3, is taken, and one year after the ratification or acceptance of the amendments by thirty States Parties, whichever is later.
It is understood that the Court shall exercise jurisdiction over the crime of aggression on the basis of a Security Council referral in accordance with article 13, paragraph (b), of the Statute irrespective of whether the State concerned has accepted the Court's jurisdiction in this regard.
Jurisdiction ratione temporis
It is understood that in case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction only with respect to crimes of aggression committed after a decision in accordance with article 15 bis, paragraph 3, is taken, and one year after the ratification or acceptance of the amendments by thirty States Parties, whichever is later.
Domestic jurisdiction over the crime of aggression
It is understood that the amendments that address the definition of the act of aggression and the crime of aggression do so for the purpose of this Statute only. The amendments shall, in accordance with article 10 of the Rome Statute, not be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.
It is understood that the amendments shall not be interpreted as creating the right or obligation to exercise domestic jurisdiction with respect to an act of aggression committed by another State. Other understandings
It is understood that aggression is the most serious and dangerous form of the illegal use of force; and that a determination whether an act of aggression has been committed requires consideration of all the circumstances of each particular case, including the gravity of the acts concerned and their consequences in accordance with the Charter of the United Nations.
It is understood that in establishing whether an act of aggression constitutes a manifest violation of the Charter of the United Nations, the three components of character, gravity and scale must be sufficient to justify a “manifest” determination.
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- Publisher: IntersentiaPrint publication year: 2015
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