Rome Statute of the International Criminal Court
6.
If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor
concludes that the information provided does not constitute a reasonable basis for an
investigation, he or she shall inform those who provided the information. This shall
not preclude the Prosecutor from considering further information submitted to him
or her regarding the same situation in the light of new facts or evidence.
Article 15 bis5
Exercise of jurisdiction over the crime of aggression
(State referral, proprio motu)
1.
The Court may exercise jurisdiction over the crime of aggression in accordance with
article 13, paragraphs (a) and (c), subject to the provisions of this article.
2.
The Court may exercise jurisdiction only with respect to crimes of aggression
committed one year after the ratification or acceptance of the amendments by thirty
States Parties.
3.
The Court shall exercise jurisdiction over the crime of aggression in accordance with
this article, subject to a decision to be taken after 1 January 2017 by the same majority
of States Parties as is required for the adoption of an amendment to the Statute.
4.
The Court may, in accordance with article 12, exercise jurisdiction over a crime of
aggression, arising from an act of aggression committed by a State Party, unless
that State Party has previously declared that it does not accept such jurisdiction by
lodging a declaration with the Registrar. The withdrawal of such a declaration may be
effected at any time and shall be considered by the State Party within three years.
5.
In respect of a State that is not a party to this Statute, the Court shall not exercise its
jurisdiction over the crime of aggression when committed by that State’s nationals or
on its territory.
6.
Where the Prosecutor concludes that there is a reasonable basis to proceed with an
investigation in respect of a crime of aggression, he or she shall first ascertain whether
the Security Council has made a determination of an act of aggression committed by
the State concerned. The Prosecutor shall notify the Secretary-General of the United
Nations of the situation before the Court, including any relevant information and
documents.
7.
Where the Security Council has made such a determination, the Prosecutor may
proceed with the investigation in respect of a crime of aggression.
8.
Where no such determination is made within six months after the date of notification,
the Prosecutor may proceed with the investigation in respect of a crime of aggression,
provided that the Pre-Trial Division has authorized the commencement of the
investigation in respect of a crime of aggression in accordance with the procedure
contained in article 15, and the Security Council has not decided otherwise in
accordance with article16.
9.
A determination of an act of aggression by an organ outside the Court shall be
without prejudice to the Court’s own findings under this Statute.
10.
This article is without prejudice to the provisions relating to the exercise of jurisdiction
with respect to other crimes referred to in article 5.
5
12
Inserted by resolution RC/Res.6 of 11 June 2010.