The ICC Prosecutor has greater flexibility than the UNSC or UNGA re: impending acts of aggression through preliminary examinations because does not depend on state cooperation. This is contrary to the ICC Elements of Crimes which require the actual commission of the act of aggression for criminal liability to arise. But the ICC EoC cannot amend the content of the crime definition provided by the Rome Statute.
Olasolo, H., & Carcano, L. (2017). The ICC Preventive Function with Respect to the Crime of Aggression and International Politics. Harvard International Law Journal, (1), 11–15.
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