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Article 39 of the [[United Nations Charter]] provides that the UN Security Council shall determine the existence of any act of aggression and "shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security".
The [[Rome Statute of the International Criminal Court]] refers to the [[crime of aggression]] as one of the "most serious crimes of concern to the international community", and provides that the crime falls within the jurisdiction of the [[International Criminal Court]] (ICC). However, the Rome Statute stipulates that the ICC may not exercise its jurisdiction over the crime of aggression until such time as the states parties agree on a definition of the crime and set out the conditions under which it may be prosecuted. At the [[Review Conference of the Rome Statute of the International Criminal Court|Kampala Review Conference]] on 11 June 2010, a total of 111 [[States parties to the Rome Statute of the International Criminal Court|State Parties to the Court]] agreed by [[Consensus decision-making|consensus]] to adopt a [[Resolution (law)|resolution]] accepting the definition of the crime and the conditions for the exercise of [[jurisdiction]] over this crime.<ref>{{cite web|url=http://www2.icc-cpi.int/iccdocs/asp_docs/Resolutions/RC-Res.6-ENG.pdf|title=Resolution RC/Res.6 !|access-date=14 May 2012|url-status=dead|archive-url=https://web.archive.org/web/20120320072358/http://www.icc-cpi.int/iccdocs/asp_docs/Resolutions/RC-Res.6-ENG.pdf|archive-date=20 March 2012}}</ref> The relevant amendments to the Statute, however has not been entered into force yet as of May 14, 2012.{{needs update}}
Possibly the first trial for waging aggressive war is that of the Sicilian king [[Conradin]] in 1268.<ref>{{cite book|title=An introduction to international criminal law and procedure|last=Cryer |display-authors=etal|first=Robert|publisher=Cambridge University Press|year=2010|isbn=978-0-521-13581-8|edition=2nd|location=Cambridge [UK]|pages=312}}</ref>
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