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- III Historical documents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
26 - 1991 ILC Draft Code of Crimes, with Commentary (excerpts)
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- III Historical documents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 15. Aggression
1. An individual who as a leader or organizer plans, commits or orders the commission of an act of aggression shall, on conviction thereof, be sentenced [to . . .].
2. 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 the Charter of the United Nations.
3. The first use of armed force by a State in contravention of the Charter shall constitute prima facie evidence of an act of aggression, although the Security Council may, in conformity with the Charter, conclude that a determination that an act of aggression has been committed would not be justified in the light of other relevant circumstances, including the fact that the acts concerned or their consequences are not of sufficient gravity.
4. Any of the following acts, regardless of a declaration of war, constitutes an act of aggression, due regard being paid to paragraphs 2 and 3:
(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 attack, 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 another State or the use of any weapons by a State against the territory of another State;
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- The Travaux Préparatoires of the Crime of Aggression , pp. 184 - 190Publisher: Cambridge University PressPrint publication year: 2011
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