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The Search for World Peace |
United Nations Agenda item 86
General Annexes
Assembly Twenty-ninth Session
Official Records New York, 1974
Agenda item 86: |*| Report of the Special Committee on the Question of Defining Aggression |**|
CONTENTS
Document No. Title A/9890 Report of the Sixth Committee Action taken by the General Assembly Check list of documents
DOCUMENT A/9890
Report of the Sixth CommitteeOriginal: English
6 December 19741. In pursuance of General Assembly resolution 3105 (XXVIII) of 12 December 1973, the Special Committee on the Question of Defining Aggression met at the United Nations Headquarters from 11 March to 12 April 1974 to resume its work in accordance with General Assembly resolution 2330 (XXII) of 18 December 1967, and prepared a report on the work of its 1974 session (A/9619 and Corr. 1).
2. At its 2236th plenary meeting, on 21 September 1974, the General Assembly decided to include in the agenda of its twenty-ninth session the item entitled "Report of the Special Committee on the Question of Defining Aggression", which was referred to the Sixth Committee with the following note:
"The General Assembly decided to take note of the observations on this item by the Secretary-General in paragraph 26 of his memorandum (A/BUR/182) and to consider whether, as envisaged in resolutions 1186 (XII) and 1187 (XII) and in the decision taken at the twenty-third session, it should take up again the question of a draft Code of Offences against the Peace and Security of Mankind and the question of an international criminal jurisdiction." (See A/C.6/427.)
3. The report of the Special Committee on the Question of Defining Aggression on the work of its 1974 session contained a draft definition of aggression adopted by consensus by the Special Committee and recommended to the General Assembly for approval. At the 1471st meeting of the Sixth Committee, on 8 October 1974, the Rapporteur of the Special Committee introduced the Committee's report.
4. The Sixth Committee considered the item at its 1471st to 1483rd, 1488th, 1489th and 1502nd to 1504th meetings, held between 8 October and 22 November 1974. The summary records of those meetings contain, inter alia, the views of Member States concerning the draft definition of aggression.
5. At the 1483rd meeting, on 23 October, the representative of Peru introduced a working paper (A/C.6/L.988) sponsored by Guinea, Peru and the Philippines, subsequently joined by Brazil, Ecuador, El Salvador, Iceland, the Ivory Coast, Madagascar, Morocco, Panama, Senegal and Somalia.
6. At the 1488th meeting, on 30 October, the representative of Afghanistan introduced a working paper (A/C.6/L.990) sponsored by Afghanistan, Bolivia, Botswana, Burundi, the Central African Republic, Chad, Laos, Lesotho, Mali, Nepal, the Niger, Paraguay, Rwanda, Swaziland, Uganda, the Upper Volta and Zaire, subsequently joined by Zambia.
7. At the 1502nd meeting, on 20 November, the representative of Finland introduced a draft resolution (A/C.6/L.993) sponsored by Australia, Bulgaria, Canada, Colombia, Cyprus, Czechoslovakia, Finland, France, Ghana, Guyana, Italy, Japan, Mexico, Norway, Romania, Turkey, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Uruguay and Yugoslavia. At the 1502nd and 1503rd meetings, on 20 and 21 November, the representatives of the following Member States expressed the wish of their delegations to become co-sponsors of the draft resolution: the Byelorussian Soviet Socialist Republic, Chile, Liberia, Mongolia, New Zealand, Nicaragua, Poland, Uganda, the Ukrainian Soviet Socialist Republic and Zaire.
8. At the 1503rd meeting the Sixth Committee decided to include in the present report the statements which are the subject of paragraphs 9 and 10 below, read by the Chairman at the same meeting.
9. The Sixth Committee agreed that nothing in the Definition of Aggression, and in particular article 3 (c), shall be construed as a justification for a State to block, contrary to international law, the routes of free access of a land-locked country to and from the sea.
10. The Sixth Committee agreed that nothing in the Definition of Aggression, and in particular article 3 (d), shall be construed as in any way prejudicing the authority of a State to exercise its rights within its national jurisdiction, provided such exercise is not inconsistent with the Charter of the United Nations.
11. At the same meeting, the Sixth Committee adopted the draft resolution (A/C.6/L.993) without a vote (see para. 13 below).
12. Statements were made by the representatives of China, Dahomey, El Salvador, Israel, Paraguay, Peru, Mongolia, the United Republic of Tanzania, Ecuador, India, Indonesia, Honduras, Pakistan, the Union of Soviet Socialist Republics, Botswana, the Sudan, Bolivia, Canada, the Ivory Coast, the Upper Volta, the Ukrainian Soviet Socialist Republic, Iran, Egypt and the Dominican Republic.
Recommendation of the Sixth Committee 13. The Sixth Committee recommends to the General Assembly the adoption of the following draft resolution:
Definition of Aggression The General Assembly,
Having considered the report of the Special Committee on the Question of Defining Aggression, established pursuant to its resolution 2330 (XXII) of 18 December 1967, covering the work of its seventh session held from I1 March to 12 April 1974, including the draft Definition of Aggression adopted by the Special Committee by consensus and recommended for adoption by the General Assembly (see A/9619 and Corr.I, para. 22),
Deeply convinced that the adoption of the Definition of Aggression would contribute to the strengthening of international peace and security,
1. Approves the Definition of Aggression, the text of which is annexed to the present resolution;
2. Expresses its appreciation to the Special Committee on the Question of Defining Aggression for its work which resulted in the elaboration of the Definition of Aggression;
3. Calls upon all States to refrain from all acts of aggression and other uses of force contrary to the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations; |1|
4. Calls the attention of the Security Council to the Definition of Aggression, as set out below, and recommends that it should, as appropriate, take account of that Definition as guidance in determining, in accordance with the Charter, the existence of an act of aggression.
ANNEX Definition of Aggression The General Assembly,
Basing itself on the fact that one of the fundamental purposes of the United Nations is to maintain international peace and security and 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,
Recalling that the Security Council, in accordance with Article 39 of the Charter of the United Nations, shall determine the existence of any threat to the peace, breach of the peace or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security,
Recalling also the duty of States under the Charter to settle their international disputes by peaceful means in order not to endanger international peace, security and justice,
Bearing in mind that nothing in this Definition shall be interpreted as in any way affecting the scope of the provisions ofthe Charter with respect to the functions and powers of the organs of the United Nations,
Considering also that, since aggression is the most serious and dangerous form of the illegal use of force, being fraught, in the conditions created by the existence of all types of weapons of mass destruction, with the possible threat of a world conflict and all its catastrophic consequences, aggression should be defined at the present stage,
Reaffirming the duty of States not to use armed force to deprive peoples of their right to self-determination, freedom and independence, or to disrupt territorial integrity,
Reaffirming also that the territory of a State shall not be violated by being the object, even temporarily, of military occupation or of other measures of force taken by another State in contravention of the Charter, and that it shall not be the object of acquisition by another State resulting from such measures or the threat thereof,
Reaffirming also the provisions of the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,
Convinced that the adoption of a definition of aggression ought to have the effect of deterring a potential aggressor, would simplify the determination of acts of aggression and the implementation of measures to suppress them and would also facilitate the protection of the rights and lawful interests of, and the rendering of assistance to, the victim,
Believing that, although the question whether an act of aggression has been committed must be considered in the light of all the circumstances of each particular case, it is nevertheless desirable to formulate basic principles as guidance for such determination,
Adopts the following Definition of Aggression: |2|
Article 1 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, as set out in this Definition.
Explanatory note: In this Definition the term "State"
(a) Is used without prejudice to questions of recognition or to whether a State is a Member of the United Nations;
(b) Includes the concept of a "group of States" where appropriate.
Article 2 The first use of armed force by a State in contravention of the Charter shall constitute prima facieev idence 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.
Article 3 Any of the following acts, regardless of a declaration of war, shall, subject to and in accordance with the provisions of article 2, qualify as an act of aggression:
(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;
(c) The blockade of the ports or coasts of a State by the armed forces of another State;
(d) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of aaother State;
(e) The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;
(f) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State;
(g) The sending by or on behalf of a State of armed bands, groups. irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein.
Article 4 The acts enumerated above are not exhaustive and the Security Council may determine that other acts constitute aggression under the provisions of the Charter.
Article 5 1. No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression.
2. A war of aggression is a crime against international peace. Aggression gives rise to international responsibility.
3. No territorial acquisition or special advantage resulting from aggression is or shall be recognized as lawful.
Article 6 Nothing in this Definition shall be construed as in any way enlarging or diminishing the scope of the Charter, including its provisions concerning cases in which the use of force is lawful.
Article 7 Nothing in this Definition, and in particular article 3, could in any way prejudice the right to self-determination, freedom and independence, as derived from the Charter, of peoples forcibly deprived of that right and referred to 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, particularly peoples under colonial and racist regimes or other forms of alien domination; nor the right of these peoples to struggle to that end and to seek and receive support, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration.
Article 8 In their interpretation and application the above provisions are interrelated and each provision should be construed in the context of the other provisions.
ACTION TAKEN BY THE GENERAL ASSEMBLY At its 2319th plenary meeting, on 14 December 1974, the General Assembly adopted by consensus the draft resolution submitted by the Sixth Committee (A/9890, para. 13). For the final text, see: Official Records of the General Assembly, Twenty-ninth Session, Supplement No. 31, resolution 3314 (XXIX).
CHECK LIST OF DOCUMENTS NOTE. This check list includes the documents mentioned during the consideration of agenda item 86 which are not reproduced in the present fascicle.
Document No. Title or description Observations and references A/9619 and Corr.1 Report of the Special Committee on the Question of Defining Aggression Official Records of the General Assembly, Twenty-ninth Session, Supplement No. 19 and corrigendum A/C.6/427 Letter dated 21 September 1974 from the President of the General Assembly to the Chairman of the Sixth Committee Mimeographed A/C.6/L.988 Working paper For the sponsors see A/9890, para. 5 A/C.6/L.990 Working paper Idem, para. 6 A/C.6/L.993 Draft resolution For the sponsors and the text, see A/9890, paras. 7 and 13 Notes:
*. For the discussion of this item, see: Official Records of the General Assembly, Twenty-ninth Session, Sixth Committee, 1471st to 1483rd, 1488th, 1489th and 1502nd to 1504th meetings; and ibid., Plenary Meetings, 2319th meeting. [Back]
**. Since 1969, the reports of this Committee have been discussed by the General Assembly at the following sessions: twenty-fourth (agenda item 88), twenty-fifth (agenda item 87), twenty-sixth (agenda item 89), twenty-seventh (agenda item 88) and twenty-eighth (agenda item 95). [Back]
1. General Assembly resolution 2625 (XXV), annex. [Back]
2. Explanatory notes on articles 3 and 5 are to be found in paragraph 20 of the report of the Special Committee on the Question of Defining Aggression (A/9619 and Corr. 1). Statements on the Definition are contained in paragraphs 9 and 10 of the report of the Sixth Committee (see above). [Back]
Source: Official Records of the General Assembly, Twenty-Ninth Session, Agenda Item 86: Report of the Special Committee on the Question of Defining Aggression, Report of the Sixth Committee, Doc. A/9890, Dec. 6, 1974, pp. 1-3.
Editorial Note: This is a true copy of the above-referenced original document. This document is reproduced in Benjamin B. Ferencz's work "Defining International Aggression - The Search for World Peace", Vol. 2, as Document No. 27.
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