ICC-ASP/7/20/Add.1 Annex II Report of the Special Working Group on the Crime of Aggression (2009)

I. Introduction

1. The Special Working Group on the Crime of Aggression of the Assembly of States Parties to the Rome Statute of the International Criminal Court held six meetings on 9, 10, 11 and 13 February 2009. Ambassador Christian Wenaweser (Liechtenstein) served as Chair of the Special Working Group.

2. The Secretariat of the Assembly of States Parties provided the substantive servicing for the Group.

3. The discussions in the Group were held on the basis of three papers submitted by the Chairman: a revised discussion paper (“2009 Chairman’s paper”); 1 a “Non-paper on other substantive issues regarding aggression to be addressed by the Review Conference”; 2 and an informal note on the work programme.3 At the first meeting of the Group, the Chairman introduced all three documents. He recalled that the Group was open to participation by all States on an equal footing, and encouraged delegations to comment in particular on issues that had not been thoroughly discussed in recent sessions. The Chairman further recalled that, in accordance with resolution ICC-ASP/7/Res.3, this was the final session of the Group, but not the final opportunity to discuss the crime of aggression. After the conclusion of the work of the Special Working Group, discussions would continue in the framework of the preparations of the Review Conference and possibly at the Review Conference itself.

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