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The Search for World Peace |
United Nations Agenda item 95
General Annexes
AssemblyTwenty-second Session
Official RecordsNew York, 1967
Agenda item 95: |*| Need to expedite the drafting of a definition of aggression in the light of the present international situation
Document No. Title Sixth Committee: A/6833 Union of Soviet Socialist Republics: request for the inclusion of an additional item in the agenda of the twenty-second session A/C.6/378 Letter dated 29 September 1967 from the President of the General Assembly to the Chairman of the Sixth Committee A/C.6/384 Letter dated 5 December 1967 from the President of the General Assembly to the Chairman of the Sixth Committee A/C.6/L.641 Letter dated 11 December 1967 from the Chairman of the Committee on Conferences to the Chairman of the Sixth Committee A/C.6/L.643 Administrative and financial implications of the draft resolutions contained in documents A/C.6/L636 and A/C.6/L.637 and Add.l and 2: note by the Secretary-General Fifth Committee: A/C.5/1158 Administrative and financial implications of the draft resolution submitted by the Sixth Committee in document A/6988: note by the Secretary-General Plenary Meetings: A/6988 Report of the Sixth Committee A/6996 Administrative and financial implications of the draft resolution submitted by the Sixth Committee in document A/6988: report of the Fifth Committee Action taken by the General Assembly Check list of documents
DOCUMENT A/6833 |**|
Union of Soviet Socialist Republics: request for the inclusion of an additional item in the agenda of the twenty-second sessionLETTER DATED 22 SEPTEMBER 1967 FROM THE MINISTER FOR FOREIGN AFFAIRS OF THE UNION OF SOVIET SOCIALIST REPUBLICS TO THE PRESIDENT OF THE GENERAL ASSEMBLY
On instructions from the Government of the Union of Soviet Socialist Republics, I request the inclusion in the agenda of the twenty-second session of the General Assembly, as an important and urgent matter, of an item entitled "Need to expedite the drafting of a definition of aggression in the light of the present international situation".
The most important task of the United Nations is to safeguard peace and to halt and prevent aggression.
The Charter of the United Nations states that one of the main purposes of the Organization is to maintain international peace and security and, to that end, to take effective collective measures for the prevention and removal of threats to the peace and for the suppression of acts of aggression or other breaches of the peace. In prohibiting aggression, the Charter imposes a strict obligation on States to refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations.
Of late, there have been increasing instances of the use of armed force to commit acts of aggression against sovereign States and to crush peoples struggling against colonialism and for freedom and independence. Acts of aggression which are undermining world peace and international security are causing grave concern among peoples. They are increasing the danger of the outbreak of a new world conflict, with all the disastrous consequences that would follow.
In conjunction with the vigorous condemnation of aggression and the adoption of measures for preventing it, the formulation of a definition of aggression could, particularly in the present international situation, make an important contribution to the cause of peace. It is well known that the States which are resorting to armed force in violation of the purposes and principles of the United Nations have often, taking advantage of the absence of a generally accepted concept of aggression, sought to make use of various artificial pretexts and unfounded reservations in order to cover up and justify their aggressive actions against peace-loving States. A definition of the concept of aggression would contribute greatly to the maintenance of international peace and the adoption of effective measures to prevent aggression; it would be a stern reminder to the forces of aggression and war that they bear responsibility for violating international peace.
The Soviet Union, which pursues a foreign policy based on observance of the purposes and principles of the United Nations and respect for the rights of both large and small nations, which consistently and steadfastly supports the adoption of effective measures for strengthening peace and the security of peoples and for preventing aggression, now favours, as it has in the past, the formulation of a definition of aggression. All States which hold dear the ideals of peace, freedom and independence and to which the principles of the Charter represent a firm basis for the maintenance of international peace and security are in favour of taking effective measures to combat aggression. At the ninth session of the General Assembly, it will be recalled, more than two thirds of the States Members of the United Nations voted for a resolution (895 (IX)) endorsing the preparation of a definition of aggression. Because of the stubborn opposition of certain States, however, this decision has not yet been carried out.
The Soviet Government deems it essential that the General Assembly should consider at its twenty-second session, as an important and urgent matter, an item entitled "Need to expedite the drafting of a definition of aggression in the light of the present international situation". The Government of the USSR hopes that the General Assembly will consider this matter at its twenty-second session with the utmost seriousness and with a sense of responsibility for the fate of the world.
I should be grateful if you would regard this letter as the explanatory memorandum provided for by rule 20 of the rules of procedure of the General Assembly and if you would circulate it as an official United Nations document.
(Signed) A. GROMYKO
Minister for Foreign Affairs of the Union of Soviet Socialist Republics[The text of a draft resolution (subsequently issued as document A/C.6/L.636) was annexed to the above letter and is reproduced in paragraph 2 of document A/6988 below.]
DOCUMENT A/C.6/378
Letter dated 29 September 1967 from the President of the General Assembly
to the Chairman of the Sixth Committee[Original text: French]
[29 September 1967]I have the honour to inform you that at its 1572nd plenary meeting, held on 28 September 1967, the General Assembly decided to include the following item in the agenda of its twenty-second session:
"95. Need to expedite the drafting of a definition of aggression in the light of the present international situation."
The General Assembly also decided that the item should be allocated to plenary meetings and, in the light of the debate and the results obtained, should be examined by the Sixth Committee.
As soon as the plenary Assembly has finished its debate on this agenda item, I shall so inform you.
(Signed) Corneliu MANESCU
DOCUMENT A/C.6/384
Letter dated 5 December 1967 from the President of the General Assembly to the Chairman of the Sixth Committee[Original text: French]
[5 December 1967]I have the honour to inform you that the General Assembly, at its 1618th plenary meeting, on 4 December 1967, concluded its debate on agenda item 95 entitled "Need to expedite the drafting of a definition of aggression in the light of the present international situation".
In accordance with the decision taken by the General Assembly at its 1572nd plenary meeting, on 28 September 1967, this item is transmitted to the Sixth Committee for consideration.
I attach hereto document A/6833 on this question and the verbatim records of the plenary meetings during which it was examined (1611th to 1618th plenary meetings).
(Signed) Corneliu MANESCU
DOCUMENT A/C.6/L641
Letter dated 11 December 1967 from the Chairman of the Committee on Conferences to the Chairman of the Sixth Committee[Original text: English]
[12 December 1967]The Committee on Conferences, established under General Assembly resolution 2239 (XXI), has examined draft resolution A/C.6/L.636, paragraph 2 of which "establishes a special committee composed of ...", and paragraph 3 of which "instructs the Special Committee, having regard to the present resolution and the international legal instruments relating to the matter in question, to draw up a draft definition of aggression and submit it to the General Assembly at its twenty-third session".
The Committee has decided to recommend, if this draft resolution is adopted, that the special committee on the question of defining aggression be convened at Geneva from 4 June to 5 July 1968.
The Committee was informed that the holding of this session at Geneva will involve additional costs, a statement of which will be submitted by the Secretary-General to the Sixth Committee under rule 154 of the rules of procedure of the General Assembly.
(Signed) Brian J. LYNCH
DOCUMENT A/C.6/L.643
Administrative and financial implications of the draft resolutions contained in documents A/C.6/L.636 and A/C.6/L.637 and Add.1 and 2
Note by the Secretary-General[Original text: English]
[12 December 1967]1. Under the terms of the draft resolutions before the Sixth Committee in documents A/C.6/L.636 and A/C.6/L.637 and Add.1 and 2, the General Assembly would establish a special committee on the question of defining aggression, which would report to the Assembly at its twenty-third session.
2. The Secretary-General has ascertained that it would only be possible to acoommodate such a committee in 1968 if the committee were to meet from 4 June to 5 July at Geneva and were to hold one meeting a day, alternating with the meetings of the International Law Commission, and if no subsidiary body or working group requiring any conference servicing were established. It is assumed that the following requirements would arise for the proposed committee:
(a) Interpretation from and into English, French, Russian and Spanish;
(b) Pre-session documentation for distribution in four languages, comprising 50 pages of new text and also substantial prior documentation on this question;
(c) Summary records averaging 15 pages per day in English, French and Spanish;
(d) In-session documentation for distribution in four languages totalling approximately 50 pages, as well as a draft report of approximately 50 pages;
(e) Reproduction and distribution of the report of the committee as a document of the General Assembly.
3. Conference servicing of the committee would require the recruitment of temporary staff, consisting of 3 précis-writers, 7 translators, 3 revisers and 13 stenographer/typists. Interpretation could be provided by the team of interpreters who will also service the International Law Commission. The substantive secretariat of the committee would consist of part of the staff to be sent from Headquarters for the International Law Commission, as well as the Legal Counsel, 2 additional Professional staff members and 2 secretaries.
4. The additional costs involved may be estimated as follows:
United States dollars Pre-session costs Translation and reproduction of pre-session documentation
3,500 In-session costs Translation and typing staff for summary records and
in-session documentation (3 précis-writers, 7 translators,
3 revisers, 13 stenographer/typists)33,000 Other staff (travel and subsistence of the Legal Counsel
and 2 substantive staff from Headquarters and salaries
of 2 temporary secretaries5,000 Document reproduction and distribution 2,500 Post-session costs No additional costs would be involved, as the report
would be reproduced as part of the documentation
for the twenty-third session of the General Assembly- Total
44,000 5. Accordingly, the Secretary-General informs the Sixth Committee that, should the General Assembly decide to establish a special committee on the question of defining aggression, an additional appropriation of $44,000 would be required in the budget estimates for 1968.
Source: Official Records of the General Assembly, Twenty-Second Session, Annexes, Agenda Item 95: Need to expedite the drafting of a definition of aggression in the light of the present international situation, Union of Soviet Socialist Republics: request for the inclusion of an additional item in the agenda of the twenty-second session, Doc. A/6833, Sep. 22, 1967, pp. 1-4.
DOCUMENT A/C.5/1158
Administrative and financial implications of the draft resolution submitted by the Sixth Committee in document A/6988
Note by the Secretary-General[Original text: English]
[14 December 1967]1. At its 1025th meeting, on 14 December 1967, the Sixth Committee adopted a draft resolution under the terms of which the General Assembly would establish a special committee on the question of defining aggression, composed of thirty Member States to be appointed by the President of the Assembly, and instructed to report to the Assembly at its twenty-third session.
2. The Secretary-General has ascertained that it would only be possible to accommodate such a committee in 1968 if the committee were to meet from 4 June to 5 July at Geneva and were to hold one meeting a day, alternating with the International Law Commission, and if no subsidiary body or working group requiring any conference servicing were established. It is assumed that the following requirements would arise for the proposed committee:
(a) Interpretation from and into English, French, Russian and Spanish;
(b) Pre-session documentation for distribution in four languages, comprising 50 pages of new text and also substantial prior documentation on this question;
(c) Summary records averaging 15 pages per day in English, French and Spanish;
(d) In-session documentation for distribution in four languages totalling approximately 50 pages, as well as a draft report of approximately 50 pages;
(e) Reproduction and distribution of the report of the committee as a document of the General Assembly.
3. Conference servicing of the committee would require the recruitment of temporary staff, consisting of 3 précis-writers, 7 translators, 3 revisers and 13 stenographer/typists. Interpretation could be provided by the team of interpreters who will also service the International Law Commission. The substantive secretariat of the committee would consist of part of the staff to be sent from Headquarters to service the International Law Commission, as well as the Legal Counsel, 2 additional Professional staff members and 2 secretaries.
4. The additional costs involved may be estimated as follows:
United States dollars Pre-session costs Translation and reproduction of pre-session documentation
3,500 In-session costs Translation and typing staff for summary records and
in-session documentation (3 précis-writers, 7 translators,
3 revisers, 13 stenographer/typists)33,000 Other staff (travel and subsistence of the Legal Counsel
and 2 substantive staff from Headquarters and salaries
of 2 temporary secretaries5,000 Document reproduction and distribution 2,500 Post-session costs No additional costs would be involved, as the report
would be reproduced as part of the documentation
for the twenty-third session of the General Assembly- TOTAL
44,000 5. Accordingly, the Secretary-General informs the Fifth Committee that, should the General Assembly decide to establish a special committee on the question of defining aggression, an additional appropriation of $44,000 would be required in the budget estimates for 1968, under a new chapter in section 2 (Special meetings and conferences).
DOCUMENT A/6988
Report of the Sixth Committee[Original text: English and Spanish]
[15 December 1697]CONTENTS
Paragraphs
I. Introduction 1 II. Proposals and amendments 2-8 III. Debate 9-18 IV. Voting 19-20 Recommendation of the Sixth Committee 21
I. INTRODUCTION 1. The Union of Soviet Socialist Republics, by a letter dated 22 September 1967 (A/6833), requested the inclusion in the agenda of the twenty-second session of the General Assembly, as an important and urgent matter, of an item entitled "Need to expedite the drafting of a definition of aggression in the light of the present international situation". The General Committee, in its second report at the twenty-second session (A/6840/Add.1), recommended that the item be included in the agenda, and that it be allocated to the Sixth Committee. The General Assembly, at its 1572nd plenary meeting on 28 September 1967, decided to place the item on the agenda, and further decided that it should be allocated to plenary meetings of the Assembly and, in the light of the debate and the results obtained, should be examined by the Sixth Committee (A/C.6/378). The General Assembly considered the item at its 1611th to 1618th plenary meetings, from 28 November to 4 December 1967. Upon the conclusion of the debate in plenary meeting, the item was transmitted to the Sixth Committee for consideration (A/C.6/384). The Sixth Committee considered the item at its 1017th to 1023rd and 1025th meetings, from 7 to 14 December 1967.
II. PROPOSALS AND AMENDMENTS 2. A draft resolution submitted by the Union of Soviet Socialist Republics at the 1017th meeting, on 7 December 1967 (A/C.6/L.636) read as follows:
"The General Assembly,
"Considering that, in conformity with the Charter of the United Nations, all Members of the United Nations must refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations,
"Considering that one of the main purposes of the United Nations is to maintain international peace and security and, to that end, to take effective collective measures for the prevention and removal of threats to the peace and for the suppression of acts of aggression or other breaches of the peace,
"Deeply concerned over the acts of aggression which have recently been taking place in various regions of the world,
"Firmly convinced that a precise definition of aggression would have considerable importance for the maintenance of international peace and the adoption of effective measures for preventing such acts as armed attack by one State against another, invasion of the territory of one State by the armed forces of another State and the seizure or occupation of the territory of one State by the armed forces of another State,
"Noting with regret that there is still no generally recognized definition of aggression,
"1. Considers it necessary for aggression to be defined as soon as possible;
"2. Establishes a special committee composed of...;
"3. Instructs the Special Committee, having regard to the present resolution and the international legal instruments relating to the matter in question, to draw up a draft definition of aggression and submit it to the General Assembly at its twenty-third session;
"4. Decides to include in the agenda of its twentythird session an item entitled 'Report of the Special Committee on the Question of Defining Aggression'."
3. An amendment proposed by Australia, the United Kingdom of Great Britain and Northern Ireland and the United States of America (A/C.6/L.640) to the USSR draft resolution (A/C.6/L.636) was circulated at the 1021st meeting. It sought:
(a) To add the following new preambular paragraph between the third and fourth preambular paragraphs:
"Earnestly desiring to maintain the integrity of the United Nations Charter and make more effective its collective security system,";
(b) To reword the fourth preamnbular paragraph as follows:
"Having heard all views on the question whether a precise definition of aggression would have considerable importance for the maintenance of international peace and the adoption of effective measures for preventing such acts as armed attack by one State against another, invasion of the territory of one State by the armed forces of another State and the seizure or occupation of the territory of one State by the armed forces of another State, in violation of the Charter, and all other forms of such use of force by one State against another, whether overt or covert or direct or indirect, as well as for the effectiveness in other respects of the United Nations collective security system,";
(c) To replace the final preambular paragraph by the following paragraphs:
"Convinced that the primary problem confronting the United Nations in the maintenance of international peace remains the strengthening of the will of States to respect Charter obligations already clearly understood,
"Taking into account the nature, and present stage of progress, of the work of the Special Committee on Principles of International Law concerning Friendly Relations and Co-operation among States,
"Considering also the large number of United Nations meetings on important legal subjects now scheduled in the near future,";
(d) To reword the operative part to read as follows:
"1. Decides to defer the question of establishing a special committee to undertake to draft a definition of aggression;
"2. Calls upon all States to reaffirm their commitment to respect all obligations under international law, including the United Nations Charter, in respect of threats to the peace, breaches of the peace, or acts of aggression."
4. A draft resolution circulated at the 1020th meeting and proposed by Afghanistan, Algeria, Burma, Cyprus, Ghana, Guinea, India, Indonesia, Kuwait, Mauritania, Syria, the United Arab Republic, the United Republic of Tanzania, Yugoslavia and Zambia (A/C.6/L.637 and Corr.1), later joined by Cameroon (A/C.6/L.637/Add.1) and by Liberia, Morocco, Romania and Sudan (A/C.6/L.637/Add.2) differed from the USSR draft resolution (A/C.6/L.636) as follows:
(a) It contained the same first two preambular paragraphs as the USSR draft, but omitted its third preambular paragraph;
(b) It replaced the next preambular paragraph of the USSR draft resolution by the following:
"Firmly convinced that a definition of aggression would have considerable importance for the maintenance of international peace and for the adoption of effective measures under the Charter of the United Nations for preventing acts of aggression,";
(c) It contained the same final preambular paragraph and the same first two operative paragraphs as the USSR draft resolution, but included the following two operative paragraphs, in replacement of operative paragraph 3 of that draft:
"3. Instructs the Special Committee, having regard to the present resolution and the international legal instruments relating to the matter, to examine all aspects of the question with view to drawing up a draft definition of aggression and to submit a report to the General Assembly at its twenty-third session;
"4. Requests the Secretary-General to provide the Special Committee with the necessary facilities and services ;",
ending with operative paragraph 5, which was identical with operative paragraph 4 of the USSR draft resolution.
5. Amendments submitted by Chile, Colombia, Uruguay and Venezuela (A/C.6/L.638) to the twenty-Power draft resolution (A/C.6/L.637 and Add.1 and 2) and circulated at the 1021st meeting proposed the replacement of operative paragraph 3 of that proposal by the following:
"3. Instructs the Special Committee, having regard to the present resolution, the international legal instruments relating to the matter and relevant precedents, methods, practices and criteria, to submit a complete report to the General Assembly at its twenty-third session for the purpose of assisting it in the study and preparation of an adequate legal definition of aggression"
and the replacement of the final operative paragraph by the following:
"5. Decides to include in the provisional agenda of its twenty-third session an item entitled 'Report of the Special Committee on the question of aggression with a view to the preparation of a legal definition thereof'."
6. Chile, Colombia, Uruguay, and Venezuela later issued a revision (A/C.6/L.638/Rev. 1) of their amendments to the twenty-Power draft resolution (A/C.6/L.637 and Corr.1 and Add.1 and 2). That revision, circulated at the 1025th meeting, proposed the replacement of paragraph 3 by the following:
"3. Instructs the Special Committee, having regard to the present resolution, the international legal instruments relating to the matter and relevant precedents, methods, practices and criteria, to submit to the General Assembly at its twenty-third session a complete report, to include the proposals of the States which are members of the Special Committee, for the purpose of assisting the General Assembly in the study and preparation of an adequate definition of aggression;";
It also proposed the replacement of the final operative paragraph by the following:
"5. Decides to include in the provisional agenda of its twenty-third session an item entitled 'Report of the Special Committee on the question of aggression with a view to the preparation of an adequate definition thereof' ;".
7. Algeria, Burma, Cameroon, Cyprus, Ghana, Guinea, India, Indonesia, Jordan, Kenya, Kuwait, Lebanon, Liberia, Libya, Malaysia, Mauritania, Morocco, Nigeria, Romania, Sudan, Syria, the United Arab Republic, the United Republic of Tanzania, Yemen, Yugoslavia and Zambia submitted at the 1025th meeting a draft resolution (A/C.6/L.644) which was identical with that recommended by the Sixth Committee (see paragraph 21 below).
8. The Sixth Committee also had before it a recommendation of the Committee on Conferences, transmitted in a letter of 11 December 1967 from the Chairman of that Committee to the Chairman of the Sixth Committee (A/C,6/L,641), and a statement by the Secretary-General of the administrative and financial implications of the proposal to establish a special committee on the question of defining aggression (A/C.6/L.643).
III. DEBATE 9. A number of representatives referred to the history of the efforts to define aggression which had been made since the end of the First World War, in the organs of the League of Nations and of the United Nations. In particular, several maintained the positions taken by their own delegations in the discussions in plenary meetings which had immediately preceded the beginning of work on the item by the Sixth Committee, and some referred to the positions taken by them in the United Nations debates since 1950.
10. As to the possibility and desirability of a definition of aggression, the greater number of representatives who spoke agreed that such a definition was both possible and desirable, as the General Assembly had declared in the preamble to its resolution 599 (VI) of 31 January 1952. It was an important task of the United Nations, and in particular of the General Assembly, to promote the progressive development and codification of international law, especially of those rules which would promote the cause of peace. Though previous efforts in the United Nations to define aggression had not been successful, it was remarked that in recent years there had been important progress in regard to various principles of the Charter of the United Nations and to legal rules in other fields of great difficulty. The formulation of a definition of aggression would be of assistance to the Security Council in its functions relating to the maintenance of international peace and security; the Council would retain all its powers under the Charter, including the power to decide on the facts and on the rules of law applicable to each case, but would have the advantage of a clarification of the legal rules. Moreover, it was said that a definition would have a moral and political effect in discouraging potential aggressors through mobilizing world public opinion. The task of definition was undoubtedly difficult, but the necessity of legal rules could not be denied by the claim that their formulation would raise problems of interpretation and application. Furthermore, laws were sometimes violated, but were nevertheless an essential of social order. The present political circumstances in the world, it was said, made the need to expedite the definition of aggression even more urgent; there was no use in waiting for a more propitious moment, since during the ten years since the General Assembly had last discussed the definition of aggression, and before some present tensions had arisen, the same delegations that now opposed the work had continually asserted that the time was not appropriate.
11. On the other hand, some other delegations considered that it was unwise and unnecessary to attempt to define aggression at the present time, since there was now no reason to expect greater success than in the more than thirty previous years of repeated failures, and since at best a definition would be unlikely to be sufficiently useful to justify the expenditure of time and effort involved, and at worst would hamper the maintenance of international peace and security. It was said that because of the present stage of development of international relations the Charter could not be a fully and precisely developed body of law, and that the problem was rather to ensure that all States had the will to respect the few and simple rules which the Charter laid down. Though aggression had occupied an important place in the security system of the Covenant of the League of Nations, the San Francisco Conference had not adopted proposals to define it in the Charter, under which the Security Council was also called upon to determine the existence of any threat to the peace, breach of the peace, or act of aggression. The functions of the Security Council, it was argued, had the character of police actions rather than of those of a tribunal, and were usually exercised without any determination of the aggressor. In such a context, a definition of aggression, which could not possibly cover all the cases which could arise, would only be a source of misunderstanding and of lengthy debates. A definition, it was said, was indeed important to international criminal law, e.g. as in the Charter of the Nfirnberg Tribunal, but a definition in a General Assembly resolution would hardly help settle questions of international criminal liability. For United Nations purposes, work should first be devoted to the Charter principles under study by the Special Committee on Principles of International Law concerning Friendly Relations and Co-operation among States; once they were formulated, attention might perhaps again be given to the question of defining aggression, but until then, to take that question up would only hinder the work on friendly relations.
12. A few representatives expressed views relating to the form and content of a definition of aggression, and to certain conditions it should fulfil. In particular, some stressed the need that a definition should be acceptable to a large majority of States, and to the Powers primarily responsible for the maintenance of international peace and security. Some considered that the primary task should be to deal with aggression using armed force. Others, however, wished the scope of the subject to be as broad as possible, and to include political, economic and other forms of aggression.
13. As for the procedure to be followed in formulating a definition, the greater number of speakers supported the idea of establishing a special committee composed of Member States. That, they said, was the usual procedure in complex matters where extensive preparatory work was to be done. The question could not be referred to any existing body, as all of them were already heavily burdened with work; that was particularly true of the Special Committee on Principles of International Law concerning Friendly Relations and Co-operation among States, which furthermore was called upon to consider a number of principles not related to aggression.
14. Some other representatives advocated that the question should be dealt with in some other manner. Some suggested referral to the Special Committee on Principles of International Law concerning Friendly Relations and Co-operation among States, one of them on the ground that an essential condition for a final formulation of a definition of aggression was agreement on the scope and content of Article 2, paragraph 4, of the Charter. Another preferred a body of legal experts, while others considered that the Sixth Committee should undertake the task, with the assistance of a working group. Still others thought it unnecessary and undesirable to take any further steps in the consideration of the question.
15. Some representatives inquired how a session of a new special committee could be fitted into the unprecedentedly heavy schedule of legal meetings in 1968, It was explained by the representative of the Secretary-General that a session was possible on the assumption that the special committee would meet at Geneva from 4 June to 5 July 1968, as recommended by the Committee on Conferences (A/C.6/L.641), and would hold only one meeting a day, alternating with the International Law Commission.
16. In regard to the composition of the special committee, there was no dissent from the proposal that the members should be appointed by the President of the General Assembly, taking into consideration the principles of equitable geographical representation and the necessity that the principal legal systems of the world should be represented. At the end of the debate it was proposed in the twenty-six-Power draft resolution (A/C.6/L.644) that the special committee should be composed of thirty Member States, and that proposal was adopted by the Sixth Comiittee. Some representatives, however, believed that a smaller committee would have been more effective in performing the task assigned to it, and regretted that there had not been more extensive consultations on the question of membership.
17. As to the terms of reference of the special committee, the USSR draft resolution (A/C.6/L.636) proposed that the special committee be instructed to draw up a draft definition of aggression and to submit it to the General Assembly at its twenty-third session. It was also pointed out that the most important thing was to take up the work, and that if a definition was not completed in time for the twenty-third session, the work could be continued at later sessions. In the twenty-Power draft resolution (A/C.6/L.637 and Corr.1 and Add.1 and 2) the special committee was asked to examine all aspects of the question with a view to drawing up a draft definition of aggression and to submit a report to the General Assembly at its twenty-third session. The amendment of Chile, Colombia, Uruguay and Venezuela (A/C.6/L.638) proposed that the special committee be instructed to submit a complete report to the General Assembly at its twenty-third session for the purpose of assisting the latter in the study and preparation of a definition; it was stated on behalf of the sponsors that it was envisaged that the special committee would not present a draft definition to the General Assembly, but would only do preparatory work which would permit the Assembly to decide on further procedure. Some representatives said that the special committee should study the different types of aggression from the technical viewpoint, the relation of a definition to the maintenance of international peace and security and the legal consequences of a definition formulated in a General Assembly resolution. The Committee finally a pproved the twenty-six-Power draft resolution (A/C.6/L.644), in which the Special Committee was instructed to consider all aspects of the question in order that an adequate definition of aggression might be prepared, and to submit a report reflecting all the views expressed and the proposals made.
18. One representative explained that he had abstained on operative paragraph 3 of the twenty-six-Power draft resolution (A/C.6/L.644) as he found it ambiguous, and a less objective framework for the further examination of the question than that in the twenty-Power draft resolution (A/C.6/L.637 and Corr.1 and Add.1 and 2). Other representatives explained that they had voted against that paragraph as it was less acceptable than compromise formulae which had been unofficially suggested.
IV. VOTING 19. At its 1025th meeting, held on 14 December 1967, the Sixth Committee proceeded to a vote. The representative of Colombia, on behalf of the sponsors of the amendments submitted by Chile, Colombia, Uruguay and Venezuela (A/C.6/L.638/Rev.1) withdrew those amendments. The representative of India, on behalf of the sponsors of the twenty-Power draft resolution (A/C.6/L.637 and Corr.1 and Add.1 and 2), withdrew that draft in favour of the twenty-six-Power draft resolution (A/C.6/L.644). The representative of India proposed that the Sixth Committee should vote first on the twenty-six-Power draft resolution (A/C.6/L.644), and this proposal, with the agreement of the representative of the USSR, the sponsor of draft resolution A/C.6/L.636, was adopted by the Committee. The voting on the twenty-six-Power draft resolution (A/C.6/L.644) was as follows:
(a) Paragraph 1, on which a separate vote was requested by the representative of New Zealand, was adopted by 65 votes to 14, with 6 abstentions;
(b) Paragraph 2, on which a separate vote was requested by the representative of Australia, was adopted by 67 votes to 4, with 16 abstentions;
(c) Paragraph 3, on which a separate vote had been requested by the representative of New Zealand, was adopted on a roll-call vote (requested by the representative of Czechoslovakia) by 68 votes to 8, with 12 abstentions. The voting was as follows:
In favour: Algeria, Argentina, Brazil, Bulgaria, Burma, Byelorussian Soviet Socialist Republic, Cambodia, Cameroon, Chad, Chile, Colombia, Congo (Democratic Republic of), Cuba, Cyprus, Czechoslovakia, Dahomey, Dominican Republic, Ecuador, Ethiopia, Finland, France, Ghana, Guatemala, Guinea, Guyana, Haiti, Hungary, India, Indonesia, Iran, Ivory Coast, Jamaica, Jordan, Kenya, Kuwait, Lebanon, Liberia, Libya, Madagascar, Malaysia, Mauritania, Mexico, Monoglia, Morocco, Nigeria, Pakistan, Philippines, Poland, Romania, Rwanda, Senegal, Sierra Leone, Spain, Sudan, Sweden, Syria, Trinidad and Tobago, Tunisia, Turkey, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Republic, United Republic of Tanzania, Uruguay, Venezuela, Yemen, Yugoslavia, Zambia.
Against: Australia, Belgium, Luxembourg, Netherlands, New Zealand, Portugal, United Kingdom of Great Britain and Northern Ireland, United States of America.
Abstaining: Afghanistan, Austria, Canada, China, Denmark, Ireland, Israel, Italy, Japan, Malta, Norway, South Africa.
(d) The twenty-six-Power draft resolution (A/C.6/L.644), as a whole, was adopted by 68 votes to none, with 19 abstentions.
The representative of the USSR stated that he did not intend to press for a vote on draft resolution A/C.6/L.636.
20. At the same meeting, the representatives of Argentina, Australia, Belgium, Canada, Ecuador, France, Ireland, Israel, Italy, Jamaica, New Zealand, Spain, Tunisia, the United Kingdom of Great Britain and Northern Ireland, the United States of America and Venezuela gave explanations of their votes.
Recommendation of the Sixth Committee 21. The Sixth Committee therefore recommends to the General Assembly the adoption of the following draft resolution:
NEED TO EXPEDITE THE DRAFTING OF A DEFINITION OF AGGRESSION IN THE LIGHT OF THE PRESENT INTERNATIONAL SITUATION The General Assembly,
Considering that in conformity with the Charter of the United Nations all Members of the United Nations must refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations,
Considering that one of the main purposes of the United Nations is to maintain international peace and security and, to that end, to take effective collective measures for the prevention and removal of threats to the peace and for the suppression of acts of aggression or other breaches of the peace,
Convinced that a primary problem confronting the United Nations in the maintenance of international peace remains the strengthening of the will of States to respect all obligations under the Charter,
Considering that there is a widespread conviction that a definition of aggression would have considerable importance for the maintenance of international peace and for the adoption of effective measures under the Charter for preventing acts of aggression;
Noting that there is still no generally recognized definition of aggression,
1. Recognizes that there is a widespread conviction of the need to expedite the definition of aggression;
2. Establishes the Special Committee on the Question of Defining Aggression, composed of thirty Member States to be appointed by the President of the General Assembly, taking into consideration the principle of equitable geographical representation and the necessity that the principal legal systems of the world should be represented;
3. Instructs the Special Committee, having regard to the present resolution and the international legal instruments relating to the matter and the relevant precedents, methods, practices, criteria and the debates in the Sixth Committee and in plenary meetings of the Assembly, to consider all aspects of the question so that an adequate definition of aggression may be prepared and to submit to the General Assembly at its twenty-third session a report which will reflect all the views expressed and the proposals made;
4. Requests the Secretary-General to provide the Special Committee with the necessary facilities and services;
5. Decides to include in the provisional agenda of its twenty-third session an item entitled "Report of the Special Committee on the Question of Defining Aggression".
Source: Official Records of the General Assembly, Twenty-Second Session, Annexes, Agenda Item 95: Need to expedite the drafting of a definition of aggression in the light of the present international situation, Report of the Sixth Committee, Doc. A/6988, Dec. 15, 1967, pp. 4-8.
Notes:
*. For the discussion of this item, see Official Records of the General Assembly, Twenty-second Session, Sixth Committee, 1017th to 1023rd and 1025th meetings; ibid., Fifth Committee, 1226th meeting; and ibid., Plenary Meetings, 1611th to 1618th, 1637th and 1638th meetings. [Back]
**. Incorporating document A/6833/Corr.1 dated 25 September 1967. [Back]
Editorial Note: This is a true copy of the above-referenced original documents. These documents are reproduced in Benjamin B. Ferencz's work "Defining International Aggression - The Search for World Peace", Vol. 2, as Document No. 13.
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