ABSTRACT
The Russian Federation proposed a definition of aggression that was made "subject to a prior determination by the United Nations Security Council". Moreover, one cannot assume that when the Security Council uses its powers on a basis which is alternative to aggression, the Council necessarily takes a negative view on the existence of aggression. Coordinating the roles of the various bodies was the question that the International Law Commission had attempted to resolve in its draft Statute by making a determination by the Security Council a condition for the Court to be able to try an individual for aggression. Any such binding effect is not required under Article 103 of the UN Charter or under Article 5(2) of the International Criminal Court (ICC) Statute, but is only one of the ways in which a link between the Security Council and the ICC could be established.
