Prosecuting Tony Blair and others

BACKGROUND DOCUMENT - RLM 003

United Nations General Assembly Resolution 3314 (XXIX Session)

"Definition of Aggression" (Resolution 3314) of 14 December 1974.

...

Deeply convinved that the adoption of the definition ofaggression would contribute to the strengthening of international peace andsecurity,

1.Approves the definition of Aggression, the text of which is annexedto the present resolution ;

...

3. Calls upon all states to refrain from all acts of aggression andother uses of force contrary to the Charter of the United Nations and thedeclaration on the principles of International Law concerning Friendly Relationsand Co-operation among States in accordance with the Charter of the UnitedNations ;

4. Calls the attention of the Security Council to the Definition ofAggression, as set out below, and recommends that it should, as appropriate,take account of that Definition as guidance in determining, in accordance withthe Charter, the existence of an act of aggression.

2319th Plenary Meeting

ANNEX

Definition of Aggression

The General Assembly

Basing itself on the fact that one of the fundamental purposes of theUnited Nations is to maintain international peace and security and to takeeffective collective measures for the prevention and removal of threats to thepeace, and for the suppresion of acts of agression or other breaches of thepeace,

Recalling that the Security Council, in accordance with Article 39 ofthe Charter of the United Nations, shall determine the existence of any threatto the peace, breach of the peace or act of aggression and shall makerecommendations, or decide what measures shall be taken in accordance withArticle 41 and 42, to maintain or restore international peace and security,

Recalling also the duty of States under the Charter to settle theirinternational disputes by peaceful means in order not to endanger internationalpeace, security and justice,

Bearing in mind that nothing in this Definition shall be interpretedas in any way affecting the scope of the provisions of the Charter with respectto the functions and powers of the organs of the United Nations,

Considering also that, since aggression is the most serious anddangerous form of the illegal use of force, being fraught, in the conditionscreated by the existence of all types of weapons of mass destruction, with thepossible 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 deprivepeoples of their right to self-determination, freedom and independence, or todisrupt territorial integrity,

Reaffirming also that the territory of a State shall not be violatedby being the object, even temporarily, of military occupation or of othermeasures of force taken by another State in contravention of the Charter, andthat it shall not be the object of acquisition by another State resulting fromsuch measures or the threat thereof,

Reaffirming also the provisions of the Declaration on Principles ofInternational Law concerning Friendly Relations and Co-operation among States inaccordance with the Charter of the United Nations,

Convinced that the adoption of a definition of aggresssion ought tohave the effect of deterring a potential aggressor, would simplify thedetermination of acts of aggression and the implementation of measures tosuppress them and also facilitate the protection of the rights and lawfulinterests of, and the rendering of assistance to, the victim

Believing that, although the question whether an act of aggression hasbeen committed must be considered in the light of all of the circumstances ofeach particular case, it is nevertheless desirable to formulate basic principlesas guidance for such determination,

Adopts the following Definition of Aggression :

Article 1

Aggression is the use of armed force by a State against the sovereignty,territorial integrity or political independence of another State, or in anyother manner inconsistent with the Charter of the United Nations, as set out inthis Definition. ...

Article 2

The first use of armed force by a state in contravention of the Charter shallconstitute prima facie evidence of an act of aggression although theSecurity Council may, in conformity with the Charter, conclude that adetermination that an act of aggression has been committed would not bejustified in the light of other relevant circumstances, including the fact thatthe acts concerned or their consequences are not of a sufficient gravity.

Article 3

Any of the following acts, regardless of a declaration of war, shall, subjectto and in accordance with the provisions of article 2, qualify as an act ofaggression:

(a) The invasion or attack by the armed forces of a State of the territory ofanother State, or any military occupation, however temporary, resulting fromsuch invasion or attack, or any annexation by the use of force of the territoryof another State or part thereof,

(b) Bombardment by the armed forces of a State against the territory ofanother State or the use of any weapons by a State against the territory ofanother State;

(d) An attack by the armed forces of a State on the land, sea or air forces,or marine and air fleets of another State;

(e) The use of armed forces of one State which are within the territory ofanother State with the agreement of the receiving State, in contravention of theconditions provided for in the agreement or any extension of their presence insuch territory beyond the termination of the agreement;

(f) The action of a State in allowing its territory, which it has placed atthe disposal of another State, to be used by that other State for perpetratingan act of aggression against a third State;

(g) The sending by or on behalf of a State of armed bands, groups, irregularsor mercenaries, which carry out acts of armed force against another State ofsuch gravity as to amount to the acts listed above, or its substantialinvolvement therein.

Article 4

The acts enumerated above are not exhaustive and the Security council maydetermine that other acts constitute aggression under the provisions of theCharter.

Article 5

1. No consideration of whatever nature, whether political, economic, miltaryor otherwise, may serve as a justification for aggression.

2. A war of aggression is a crime against international peace. Aggressiongives rise to international responsibility.

3. No territorial acquisition or special advantage, resulting from aggressionis or shal be recognised as lawful.

....

Site created for locals, by locals at newcastle-emlyn.com and hosted locally by SCL Net