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- III Historical documents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
22 - 1974 GA Special Committee Report (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- III Historical documents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
Consideration of the report of the Working Group by the Special Committee
19. At its 112th meeting, on 12 April 1974, the Special Committee had before it the report reproduced above. It adopted by consensus the text of the draft definition of aggression contained therein.
20. The Committee also adopted the notes regarding articles 3 and 5 contained in paragraph 16 above and decided that they should be included in its report, in accordance with the recommendation of the Working Group. These notes read as follows:
With reference to article 3, subparagraph (b), the Special Committee agreed that the expression “any weapons” is used without making a distinction between conventional weapons, weapons of mass destruction and any other kind of weapon.
With reference to the first paragraph of article 5, the Committee had in mind, in particular, the principle contained in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations according to which “No State or group of States has the right to intervene, directly or indirectly, for any reason whatever, in the internal or external affairs of any other State”.
With reference to the second paragraph of article 5, the words “international responsibility” are used without prejudice to the scope of this term.
With reference to the third paragraph of article 5, the Committee states that this paragraph should not be construed so as to prejudice the established principles of international law relating to the inadmissibility of territorial acquisition resulting from the threat or use of force.
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- Publisher: Cambridge University PressPrint publication year: 2011