Article 15
ter
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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.
5.
This article is without prejudice to the provisions relating to the exercise of jurisdiction with respect to other
crimes referred to in article 5.
Article 16
Deferral of investigation or prosecution
No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12
months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations,
has requested the Court to that effect; that request may be renewed by the Council under the same conditions.
Article 17
Issues of admissibility
1.
Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is
inadmissible where:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State
is unwilling or unable genuinely to carry out the investigation or prosecution;
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Inserted by resolution RC/Res.6 of 11 June 2010.
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