Book contents
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Table of documents
- I Introduction to the negotiation history
- II Amendments to the Rome Statute on the Crime of Aggression
- III Historical documents
- 2 1919 Commission Report on War Responsibility (excerpts)
- 3 1919 Covenant of the League of Nations (excerpts)
- 4 1919 Treaty of Versailles (excerpts)
- 5 1923 Draft Treaty of Mutual Assistance (excerpt)
- 6 1924 Protocol for the Pacific Settlement of International Disputes (excerpts)
- 7 1927 Declaration Concerning Wars of Aggression
- 8 1928 Havana Resolution
- 9 1928 Kellogg-Briand Pact (excerpts)
- 10 1933 Soviet Draft Definition
- 11 1945 UN Charter (excerpts)
- 12 1945 London Charter (excerpts)
- 13 1945 Control Council Law No. 10 (excerpts)
- 14 1946 Tokyo Charter (excerpts)
- 15 1946 Nuremberg Judgment (excerpts)
- 16 1946 GA Resolution 95
- 17 1948 Tokyo Judgment (excerpts)
- 18 1950 Nuremberg Principles, with Commentary (excerpts)
- 19 1951 ILC Draft Code of Offences, with Commentary
- 20 1954 ILC Draft Code of Offences, with Commentary
- 21 1970 Friendly Relations Declaration (excerpts)
- 22 1974 GA Special Committee Report (excerpts)
- 23 1974 Sixth Committee Report (excerpts)
- 24 1974 GA Plenary Verbatim Record (excerpts)
- 25 1974 GA Resolution 3314
- 26 1991 ILC Draft Code of Crimes, with Commentary (excerpts)
- 27 1994 ILC Draft Statute, with Commentary (excerpts)
- 28 1996 ILC Draft Code of Crimes, with Commentary (excerpts)
- IV Travaux Préparatoires of the Amendments to the Rome Statute on the Crime of Aggression (1995–2010)
- V Index of Travaux Préparatoires
19 - 1951 ILC Draft Code of Offences, with Commentary
Published online by Cambridge University Press: 05 June 2014
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Table of documents
- I Introduction to the negotiation history
- II Amendments to the Rome Statute on the Crime of Aggression
- III Historical documents
- 2 1919 Commission Report on War Responsibility (excerpts)
- 3 1919 Covenant of the League of Nations (excerpts)
- 4 1919 Treaty of Versailles (excerpts)
- 5 1923 Draft Treaty of Mutual Assistance (excerpt)
- 6 1924 Protocol for the Pacific Settlement of International Disputes (excerpts)
- 7 1927 Declaration Concerning Wars of Aggression
- 8 1928 Havana Resolution
- 9 1928 Kellogg-Briand Pact (excerpts)
- 10 1933 Soviet Draft Definition
- 11 1945 UN Charter (excerpts)
- 12 1945 London Charter (excerpts)
- 13 1945 Control Council Law No. 10 (excerpts)
- 14 1946 Tokyo Charter (excerpts)
- 15 1946 Nuremberg Judgment (excerpts)
- 16 1946 GA Resolution 95
- 17 1948 Tokyo Judgment (excerpts)
- 18 1950 Nuremberg Principles, with Commentary (excerpts)
- 19 1951 ILC Draft Code of Offences, with Commentary
- 20 1954 ILC Draft Code of Offences, with Commentary
- 21 1970 Friendly Relations Declaration (excerpts)
- 22 1974 GA Special Committee Report (excerpts)
- 23 1974 Sixth Committee Report (excerpts)
- 24 1974 GA Plenary Verbatim Record (excerpts)
- 25 1974 GA Resolution 3314
- 26 1991 ILC Draft Code of Crimes, with Commentary (excerpts)
- 27 1994 ILC Draft Statute, with Commentary (excerpts)
- 28 1996 ILC Draft Code of Crimes, with Commentary (excerpts)
- IV Travaux Préparatoires of the Amendments to the Rome Statute on the Crime of Aggression (1995–2010)
- V Index of Travaux Préparatoires
Summary
Article 1
Offences against the peace and security of mankind, as defined in this Code, are crimes under international law, for which the responsible individuals shall be punishable.
This article is based upon the principle of individual responsibility for crimes under international law. This principle is recognized by the Charter and judgment of the Nürnberg Tribunal, and in the Commission's formulation of the Nürnberg principles it is stated as follows: “Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.”
Article 2
The following acts are offences against the peace and security of mankind:
(1) Any act of aggression, including the employment by the authorities of a State of armed force against another State for any purpose other than national or collective self-defence or in pursuance of a decision or recommendation by a competent organ of the United Nations.
In laying down that any act of aggression is an offence against the peace and security of mankind, this paragraph is in consonance with resolution 380 (V), adopted by the General Assembly on 17 November 1950, in which the General Assembly solemnly reaffirms that any aggression “is the gravest of all crimes against peace and security throughout the world”.
The paragraph also incorporates, in substance, that part of article 6, paragraph (a), of the Charter of the Nürnberg Tribunal, which defines as “crimes against peace”, inter alia, the “initiation or waging of a war of aggression”.
While every act of aggression constitutes a crime under paragraph (1), no attempt is made to enumerate such acts exhaustively. It is expressly provided that the employment of armed force in the circumstances specified in the paragraph is an act of aggression. It is, however, possible that aggression can be committed also by other acts, including some of those referred to in other paragraphs of article 2.
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- The Travaux Préparatoires of the Crime of Aggression , pp. 150 - 154Publisher: Cambridge University PressPrint publication year: 2011
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