Rome Statute
Part 2: Jurisdiction, Admissibility and Applicable Law

Article Art. 15 ter
Exercise of jurisdiction over the crime of aggression (Security Council referral)


Mentioned in

Is Amending the Rome Statute the Panacea Against Perceived Selectivity and Impunity for the Crime of Aggression Committed Against Ukraine?

NYU School of Law / Just Security, March 21, 2023

“Amending the conditions for the ICC’s exercise of jurisdiction over the crime of aggression includes complex legal and sensitive political questions… Although desirable, this will not be achievable within a few months…or within one session of the Assembly of States Parties.”
 
Bibliographic info

The International Criminal Court and Ukraine

Parliament of Australia / FlagPost, March 8, 2022

“…Another key feature of international justice is that it prosecutes individuals, not states, therefore neither Russia nor Ukraine as states will ever find themselves in the dock in The Hague. A Russian or Ukrainian individual, including high ranking people, may however…”
 
Bibliographic info

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.

Note:

Article 15 ter was inserted by resolution RC/Res.6 of 11 June 2010. See depositary notification C.N.651.2010. TREATIES-8 of 29 November 2010. The UN Treaty Section website detailing the status of the amendment is available at: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-10-b&chapter=18&clang=_en.

Source: Article 15 ter — Exercise of jurisdiction over the crime of aggression (Security Council referral), https://www.­icc-cpi.­int/Publications/Rome-Statute.­pdf.

Last Updated

Aug. 30, 2023

Art. 15 ter’s source at icc-cpi​.int