The Crime of Aggression

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The Crime of Aggression is defined as the planning, preparation, initiation or execution by a person in a leadership position of an act of aggression.

Importantly, it contains the threshold requirement that the act of aggression must constitute a manifest violation of the Charter of the United Nations.

The act of aggression generally speaking is the use of armed force by one State against another State without the justification of self-defense or without authorization by the Security Council.

The definition of the act of aggression, as well as the actions qualifying as acts of aggression contained in the amendment proposals (for example invasion by armed forces, bombardment and blockade), are influenced by the UN General Assembly Resolution 3314 (XXIX) of 14 December 1974.

The threshold and formulation of this definition, which draws heavily upon the pre-existing language and general provisions in the Rome Statute and the UN Charter, reflects a preliminary compromise made by many States and is relatively more settled than other parts of the proposed amendments.

See Crimes