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The drafting of interpretive Understandings that were ultimately adopted by the Review Conference dates back to the last meeting of the Special Working Group on the Crime of Aggression (Special Working Group) in February 2009. In his ‘Informal Note on the Work Programme’, the Chairman of the Special Working Group wrote:
4. In previous meetings of the SWGCA, in particular during the seventh session of the Assembly, a number of issues have surfaced which the Review Conference might usefully address when adopting the amendments on aggression, though not necessarily in the amendment text itself . . .
5. The Chairman therefore suggests draft language on these issues for discussion by the SWGCA. The Review Conference could adopt language on these issues simultaneously with the amendments on aggression, in an appropriate format that is yet to be discussed. A separate non-paper has been submitted in order to facilitate discussions.
In that non-paper, the Chairman identified several such issues and proposed draft language for discussion. Although these proposals were not presented under the name ‘Understandings’, they formed the seeds of the Understandings adopted by the Conference on 11 June 2010 as annex III of Resolution RC/Res.6 on the Crime of Aggression. The 2010 Conference Room Paper, submitted several weeks prior to the Review Conference, for the first time used the term ‘Understandings’ and constituted the first attempt to bring these proposals together as a single text.
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