ABSTRACT
The Security Council has the responsibility, under Article 39, to determine the commission of an act of aggression by the State concerned. The Article 5 of the Statute stipulates that a provision on the relationship of the Security Council with the Criminal Court "shall be consistent with the relevant provisions of the Charter of the United Nations". The British delegate observed that if the Security Council did not exercise its powers, Article 11 would not preclude the General Assembly from using the powers conferred to it by Article 10. Article 39 of the Charter, has empowered the Security Council to determine, including inter alia, the commission of an act of aggression. The question of failure of the Security Council in dealing with the determination of acts of aggression should be addressed in any formulation on the relationship of the Security Council with the Criminal Court concerning the crime of aggression.
