Concept of Aggression

7/31/2019 Concept of Aggression

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Concept of Aggression

In International Law


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-the first convention that defined aggression

was signed in London by representatives

of Romania, Estonia, Latvia, Poland, Turkey,

USSR, Iran and Afghanistan


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Inititated by Soviet Foreign Minister

Maxim Litvinov


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Declaration of war upon another State.

Invasion by its armed forces, with or without a declaration ofwar, of the territory of another State.

Attack by its land, naval or air forces, with or without adeclaration of war, on the territory, vessels or aircraft ofanother State.

Naval blockade of the coasts or ports of another State.

Provision of support to armed bands formed in its territorywhich have invaded the territory of another State, or refusal,notwithstanding the request of the invaded State, to take, inits own territory, all the measures in its power to deprivethose bands of all assistance or protection.


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The convention became operative on October

16, 1933. It was registered in League of

Nations Treaty Serieson March 29, 1934.


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Another convention repeating the same definition was signed by

representatives of the Soviet Union, Romania, Czechoslovakia,Turkey and Yugoslavia

It became effective on February 17, 1934 and was registered

in League of Nations Treaty Serieson April 26, 1934


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The separate Soviet-Lithuanian convention was signed on

July 5, 1933. Ratifications were exchanged in Moscow on

December 14, 1933, and the convention went into effecton the same day. It was registered in League of Nations

Treaty Serieson April 16, 1934


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NUReMBERG PRINCIPLES

set of guidelines for determining what

constitutes a war crime


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Principle I

"Any person who commits an act which constitutes

a crime under international law is responsible

therefore and liable to punishment."


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Principle II

The fact that internal law does not impose a

penalty for an act which constitutes a crime under

international law does not relieve the person whocommitted the act from responsibility under

international law.


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Principle III

"The fact that a person who committed an act which

constitutes a crime under international law acted as

Head of State or responsible government officialdoes not relieve him from responsibility under

international law."


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Principle IV

"The fact that a person acted pursuant to order of his

Government or of a superior does not relieve him

from responsibility under international law,provided a moral choice was in fact possible to

him".


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Principle V

"Any person charged with a crime under

international law has the right to a fair trial on the

facts and law."


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Principle VI"The crimes hereinafter set out are punishable as crimes under international

law:

(a) :

(i) Planning, preparation, initiation or waging of a war of aggression or awar in violation of international treaties, agreements or assurances;

(ii) Participation in a common plan or conspiracy for the accomplishment

of any of the acts mentioned under (i).


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(b) :

Violations of the laws or customs of war which include, but are not limited

to, murder, ill-treatment or deportation of slave labor or for any other

purpose of the civilian population of or in occupied territory; murder or

ill-treatment of prisoners of war or persons on the Seas, killing of

hostages, plunder of public or private property, wanton destruction of

cities, towns, or villages, or devastation not justified by military necessity."


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(c)

Murder, extermination, enslavement, deportation and other

inhumane acts done against any civilian population, or

persecutions on political, racial, or religious grounds, when such

acts are done or such persecutions are carried on in execution of

or in connection with any crime against peace or any war crime.


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Principle VII

"Complicity in the commission of a crime against

peace, a war crime, or a crime against humanity as

set forth in Principle VI is a crime underinternational law."


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November 17, 1950

the General Assembly passed resolution 378 to

refer the issue to be defined by the InternationalLaw Commission


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June 4, 1951

"Aggression is the use of force by a State or Government against

another State or Government, in any manner, whatever the weapons

used and whether openly or otherwise, for any reason or for anypurpose other than individual or collective self-defense or in pursuance

of a decision or recommendation by a competent organ of the United

Nations


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December 14, 1974

The United Nations General

Assembly adopted Resolution 3314


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are defined as armed invasions or

attacks, bombardments, blockades,

armed violations of territory, permitting

other states to use one's own territory to

perpetrate acts of aggression and the

employment of armed irregulars or

mercenaries to carry out acts of

aggression

A

is a series of acts committed with a

sustained intent


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Documents

Concept of Aggression