Understanding the International Criminal Court

32. How would an investigation into a crime of aggression be opened?

If the United Nations Security Council determines that an act of aggression has been committed, the

ICC Prosecutor can decide to open an investigation, under the conditions mentioned above.

Otherwise, the Prosecution may examine the situation and, based on its assessment, may notify the

United Nations Secretary General of the situation.

If, within six months of being notified by the Prosecution, the United Nations Security Council does

not make a determination on whether or not an act of aggression has been committed, the Prosecutor

may still proceed with an investigation into a crime of aggression, subject to authorisation by the ICC’s

Pre-Trial Division.

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Understanding the International Criminal Court