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08 June 2010

Canadian proposal

This morning, Canada issued a proposal that it described as 'intended as contributing towards an eventual compromise package. As such it is compatible with other proposals that may assist in a consensus resolution, such as a porential provision allowing for a delay in the ability of the court to exercise its jurisdictional competence'.
Article 15 bis
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3. Where the Security Council has made such a determination, the Prosecutor may proceed with the investigation in respect of a crime of aggression.
4. Where the Security Council has not made such a determination with six (6) months after the date of notification and where a State Party has declared its acceptance of this Paragraph, at the time of deposit of its instrument of ratification or acceptance or at any time thereafter, the Prosecutor may proceed with an investigation of a crime of aggression provided that
(i) the Pre-trial Chamber has authorized the commencement of the invstigation in respect of a crime of aggression in accordance with the procedure contained in Article 15;
and
(ii) [all state(s) concerned with the alleged crime of aggression] [the state on whose territory the alleged offence occurred and the state(s) of nationality of the persons accused of the crime] have declared their acceptance of this Paragraph.

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