10
Rome Statute of the International Criminal Court
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.
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