Expresses its appreciation to the Special Committee on the Question of Defining Aggression for its work which resulted in the elaboration of the Definition of Aggression;. Calls upon all States to refrain from all acts of aggression and other uses of force contrary to the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations;[FN2].
Calls the attention of the Security Council to the Definition of Aggression, as set out below, and recommends that it should, as appropriate, take account of that Definition as guidance in determination, in accordance with the Charter, the existence of an act of aggression.
Basing itself on the fact that one of the fundamental purposes of the United Nations is to maintain international peace and security and to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace,.
Recalling that the Security Council, in accordance with Article 39 of the Charter of the United Nations, shall determine the existence of any threat to the peace, breach of the peace or 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,.
Recalling also the duty of States under the Charter to settle their international disputes by peaceful means in order not to endanger international peace, security and justice,. Bearing in mind that nothing in this Definition shall be interpreted as in any way affecting the scope of the provisions of the Charter with respect to the functions and powers of the organs of the United Nations,.
Considering also that, since aggression is the most serious and dangerous form of the illegal use of force, being fraught, in the conditions created by the existence of all types of weapons of mass destruction, with the possible threat of a world conflict and all its catastrophic consequences, aggression should be defined at the present stage,. Reaffirming the duty of States not to use armed force to deprive peoples of their right to self-determination, freedom and independence, or to disrupt territorial Integrity,.
Separately, attempts had been made to reach international agreement on the meaning of aggression by States. One attempt was made during the negotiations in San Francisco for the drafting of the Charter of the United Nations, but proposals for this purpose were rejected.
In , the Union of Soviet Socialist Republics put forward to the General Assembly a proposal for a definition of aggression similar to a proposal it had made in It was the year the Korean war began. Early Attempts to Draft a Definition. Neither this committee nor two subsequent ones created by resolution IX of 4 December and resolution XII of 29 November reached agreement on a definition. It required the establishment of a fourth special committee resolution XXII of 18 December and sixteen more years before a definition of aggression was finally adopted.
The protracted nature of the negotiations is explicable partly in terms of Cold War tensions. But there were also concerns that the preparation of a list of aggressive acts would inevitably be incomplete and therefore misleading. During the period when the special committees were looking at the matter, the proliferation of threats and conflicts such as the Suez crisis, the Cuban missile crisis, the conflict in the Congo, the Vietnam war and the occupations of Hungary and Czechoslovakia, gave rise to opposing notions with regard to the desirability of defining aggression.
To some, a clear definition was needed more than ever, to others a definition was thought to make it more difficult to achieve peace since it could restrict the flexibility of the United Nations. Definition of Aggression. On 14 December , the General Assembly adopted by consensus resolution XXIX annexing the Definition of Aggression which had been adopted by the fourth special committee.
The Definition begins with a broad definition of aggression, drawn largely from Article 2, paragraph 4, of the Charter though omitting reference to threats and then enumerates specific examples of acts of aggression.
The acts set out in article 3 qualify as acts of aggression, subject to the provisions of article 2, which envisage that the Security Council may decide not to make a determination of aggression in the light of the circumstances, including the fact that the acts are not of sufficient gravity.
Article 4 specifies that the list is not exhaustive and that the Security Council may determine that other acts constitute aggression. The issue of self-determination was a live one during the negotiations and it was dealt with in a saving clause in article 7. Invasion of a State by the armed forces of another State, with or without occupation of the territory, heads the list of aggressive acts set out in article 3.
Of the other acts listed, a few problems that arose in the negotiations may be mentioned. Concerns were expressed that the reference in paragraph d to attacks on marine fleets would include as aggression activities by coastal States to preserve fish stocks or the environment.
Paragraph g , relating to irregular bands or mercenaries going from one State into another, constituted one of the major difficulties in reaching consensus on the Definition. Difficult compromises were necessary to reach consensus on the text. Interpretative statements to express particular interpretations of the Definition were made by Government delegations on adoption of the Definition both in the special committee and in the General Assembly.
Use of the Definition. The ICJ has decided that the provision in article 3, paragraph g , of the Definition reflects customary international law Military and Paramilitary Activities in and against Nicaragua Nicaragua v. Reports , p. Uganda , Judgment of 19 December , para. However, the status in customary law of the resolution as a whole is controversial see the view of Judge Kooijmans in Armed Activities on the Territory of the Congo Democratic Republic of the Congo v.
Uganda , Separate Opinion , para. The Definition has been given new life by becoming a major source for the negotiations on the definition of the crime of aggression within the jurisdiction of the International Criminal Court. Related Materials A. Uganda , Judgment, I. Yearbook of the International Law Commission , vol. II, pp. Spiropoulos, Special Rapporteur. II, Part II , p. Doctrine B. Already under the League of Nations attempts were made to define aggression. The Special Committee of the Temporary Mixed Commission for the Reduction of Armaments, for instance, had considered it desirable to define exactly what constituted an act of aggression in order to provide the basis for the Council to decide in a given case whether an act of aggression had been committed.
The Commission was, however, unable to draw up any such definition of aggression and therefore merely indicated the factors that might provide the elements of a just decision made by the Council Commentary on the Definition of a case of Aggression by a Special Committee of the Temporary Mixed Commission, Records of the Fourth Assembly, Minutes of the Third Committee, League of Nations O.
In , the International Law Commission considered the question whether it should enumerate aggressive acts or try to draft a definition of aggression in general terms. During the same session, the matter was reconsidered in connection with the preparation of the draft Code of Offences against the Peace and Security of Mankind.
The report of the International Law Commission was on the agenda of the sixth session of the General Assembly, in , and was submitted for consideration to the Sixth Committee, where it was discussed from 5 to 22 January Furthermore, it decided to include the question of defining aggression in the agenda of its seventh session and instructed the Secretary-General to submit to it at that session a report in which the question of defining aggression should be thoroughly discussed.
The question of defining aggression was accordingly on the agenda of the General Assembly at its seventh session, in , and was again allocated to the Sixth Committee for consideration.
Various representatives supported the idea of creating a special committee to study the question further and to present one or more draft definitions to the General Assembly. Several different texts aimed at defining aggression were presented.
Comments were received from eleven Member States. The report of the Special Committee was on the agenda of the General Assembly at its ninth session, in , and was submitted for consideration to the Sixth Committee, which discussed it from 14 October to 10 November Article 6 Nothing in this Definition shall be construed as in any way enlarging or diminishing the scope of the Charter, including its provisions concerning cases in which the use of force is lawful. Article 7 Nothing in this Definition, and in particular article 3, could in any way prejudice the right to self-determination, freedom and independence, as derived from the Charter, of peoples forcibly deprived of that right and referred to in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, particularly peoples under colonial and racist regimes or other forms of alien domination: nor the right of these peoples to struggle to that end and to seek and receive support, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration.
Article 8 In their interpretation and application the above provisions are interrelated and each provision should be construed in the context of the other provisions. Resolution XXV , annex. United Nations. General Assembly.
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