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Article 15 bis

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 article

16.

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.

4. The following text is inserted after article 15 bis of the Statute:

Article 15 ter

Exercise of jurisdiction over the crime of aggression

(Security Council referral)

1. The Court may exercise jurisdiction over the crime of aggression in accordance with article 13, paragraph

(b), 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. 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.