Definition of Aggression

A/RES/3314(XXIX)View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, published in 1975.

What subjects does this mandate have?

2 subjects

What’s in this document?

3 operative paragraphs

E:cpresses 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 ali States to refrain from ali acts of aggression and other uses of force contrary to the Charter of the United Nations and the Declaration on Principies of lntemational Law conceming Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations;7

Ca/Is 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 determining, in accordance with the Charter, the existence of an act of aggression.

4 O/ficial Records o/ the United Nations Con/erence on the Law o/ Treaties, Documents o/ the Co11/erence (United Nations

6 O/ficial Records o/ the General Assembly, Twenty-ninth Session, Supplement No. 19 (A/9619 and Corr.l).

Definition of A1rgression The General Assemb/y,

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 elfective collective measures for the prevention arid removal of threats to the péace, and for the suppressión 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 thrcat 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,

Recal/ing a/so the duty of States under the Charter to settle their intemational 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 a/so 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 ali types of weapons of mass destruction, with the possible threat of a world conftict and ali its catastrophic consequences, aggression should be defined at the present stage,

Reaflirming lhe 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,

Reaflirming afso that the territory of a State shall not be violated by being the object, even temporarily, of military occupation or of other measures of force taken by another State in contravention of the Charter, and that it shal-1 not be the object of acquisition by another State resulting from such measures or the threat thereof,

Realfirming afso the provisions of the Declaration on Principies of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,

Convinced that the adoption of a definition of aggression ought to have the effect of deterring a potential aggressor, would simplify the determination of acts of aggression and the implementation of measures to suppress them and would also facilitate the protection of the rights and lawful interests of, and the rendering of assistance to, the victim,

Believing that, although the question whether an act of aggression has been committed must be considered in the T Resolution 2625 (XXV), annex. Re1olution1 adopted on the reporte of the Sixth Committre light of ali the circumstances of each part_icular case, it is nevertheless desirable to formulate basic principies as guidance for such determination,

Adopts the following Definition of Aggression:• A rticfe I Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with thc Charter of the United Nations, as set out in this Definition.

Explanatory note: In this Definition the lerm "State":

(a) Is used without prejudice to questions of recognition or to whether a State is a member of the United Nations;

(h) lncludes the concept of a .. group of States" where appropriate.

Article 2 The first use of armed force by a State in contravention of the Charter shall constitute prima facie evide::ice of an act of aggression although the Security Council may, in conformity with !he Charter, conclude that a determination that an act of aggression has been committed would not be justified in the light of other relevan! circumstances, including the fact that the acts concerned or their consequences are nol of aufficient gravity.

Article J Any of the following acts, regardless of a declaration of war, shall, subject to and in accordance with thc provisions of article 2, qualify as an act of aggression:

(a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attact. or any annexation by the use of force of the territory of another State or part thereof;

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

(e) The hlockade of the ports or coasts of a State by thc armed forces of another State;

(d) An attack by the armed forces of a State on thc lancl. sea or air forces, or marine and air fteets of another State;

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

(/) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State;

(g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement thcrein.

Article 4 The acts enumerated above are not exhaustive and the Security Council may determine that other acts comtitute auression under the provisions of the Charter.

Article 5 t. No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression.

s Explanatory notes on articles 3 and S are to be found in paragraph 20 of the report of the Special -Committee on the Question of Defining Aggression (O/ficial Records of tlu General Assembly, Twenty-nint/r Session, Supplement No. 19 (Al 9619 and Corr.l). Statements on the Defi-nition are contained in paragraphs 9 and I O of the report of the Sixth Committee (A/9890).

General A•1embly-Twen1y-nln1h Se1alon

Who adopted this document and its mandates?

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