Abstract

Abstract This article presents and critically discusses the amendments to the Regulations of the International Criminal Court that entered into force in November 2018. The amendments concern the procedural requirements to start an investigation regarding the crime of aggression when a situation has been referred to the Court by a State Party or when the Prosecutor intends to open an investigation proprio motu. In these cases, the Prosecutor must notify the United Nations Security Council and enquire whether it intends to make a determination of an act of aggression. If the Security Council does not make such a determination, the Prosecutor must request the Pre-Trial Chamber to authorize the commencement of the investigation. The amended Regulations aim to ensure that the judges are prepared to entertain such a request relating to the crime of aggression.

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