ABSTRACT

The purpose of the meeting is to stimulate a frank and informal debate on the question of the crime of aggression, which remains a formidable challenge. This chapter describes that the debate within the Preparatory Commission went through three phases: the first one, characterized by a prevalence of procedural arguments and manoeuvers; the second, where the focus was mainly on rationalizing the debate and putting together the text of existing options and proposals; and a third phase in which the interest turned to discussing the merit of some specific suggestions. The Greek-Portuguese text is quite simple and straightforward. In essence, the text provides that, after 12 months from a notification by the Court without a Council's determination, the International Criminal Court may invite the General Assembly to request the International Court of Justice to give an advisory opinion on the existence of an act of aggression by a State.