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09 June 2010

Slovenian proposal

In the afternoon session on Tuesday, Slovenia made the following proposal:

Art. 15 bis





4. Where no such determination is made within [6] months after the date of notification, the Prosecutor may proceed with the investigation in respect of a crime of aggression provided that

i. the Pre-Trial Chamber has authorized the commencement of the investigation in respect of a crime of aggression in accordance with the procedure contained in article 15;

and

ii. all States parties concerned with the alleged crime of aggression have deposited instruments of ratification or acceptance of the amendment on the crime of aggression.

4 bis. If not all States Parties concerned with the alleged crime of aggression have deposited instruments of ratification or acceptance of the amendment on the crime of aggression under paragraph 4 of this article, the Prosecutor shall readdress the possibility of the Security Council referral in accordance with article 13(b) with the Secretary-General of the United Nations.

4 ter. After instruments of ratification or acceptance of the amendment on the crime of aggression have been deposited with the Secretary-General of the United Nations by seven-eighths of States Parties, the Secretary-General of the United Nations shall convene a Review conference to consider the applicability of the amendment on the crime of aggression to all States Parties.



Understandings regarding the amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression

Referrals by the Security Council – it is understood that the Court may exercise jurisdiction over the crime of aggression on the basis of a Security Council referral in accordance with article 13(b) of the Statute once the amendment on aggression is adopted by the Review Conference.

Seven-eighths of States Parties – it is understood that the number of deposits of instruments of ratification or acceptance of the amendment on the crime of aggression by the seven-eighths of States Parties is calculated by the time of the adoption of the amendment on aggression by the Review Conference.

Future States Parties – it is understood that future States parties need to deposited instrument of ratification or acceptance of the amendment on the crime of aggression (as stipulated in the VCLT).
Paragraph 4 is very similar to the Canadian proposal. Paragraph 4bis doesn't seem to add very much, because it merely authorizes the Prosecutor to 'readdress' the Security Council. Big deal. If it didn't act the first time around, is it going to change its mind because the Prosecutor asks it? Paragraph 4ter calls for a Review Conference. But a Review Conference is already included in the Statute, and we don't need article 4 ter to convene one. What article 4 ter seems to do is invite an amendment to article 121 of the Statute, permitting an amendment to the subject-matter jurisdiction to enter into force with respect to a State Party that has not accepted the amendment.

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