UN General Assembly Resolution 3314

The adoption of the definition was the culmination of a lengthy process that began in 1923 under the auspices of the League of Nations . In December 1967, the General Assembly adopted resolution 2330 (XXII), which established an ad hoc committee on the definition of aggression. This body consists of 35 Member States ^[1] . Seven years later, he submitted to the General Assembly draft proposals that formed the basis for the final definition of aggression ^[2] .

The operative part of the document consists of eight articles. Explanatory notes on articles 3 and 5 are contained in paragraph 20 of the report of the Special Committee on the Definition of Aggression [Official Records of the General Assembly, Twenty-ninth Session, Annex, No. 19 (A / 9619 and Corr.1 and 2)]. Statements by definition are contained in paragraphs 9 and 10 of the report of the Sixth Committee (A / 9890).

According to article 1 of the resolution: ^[3]

Section 3

Any of the following actions, regardless of the declaration of war , subject to and in accordance with the provisions of Article 2, will qualify as an act of aggression:

a) the invasion or attack of the armed forces of a state on the territory of another state or any military occupation, no matter how temporary it may be, resulting from such an invasion or attack, or any annexation using force of the territory of another state or part of it;

b) the bombing by the armed forces of a state on the territory of another state or the use of any weapon by a state against the territory of another state;

c) blockade of 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 sea and air fleets of another state;

e) the use of the armed forces of one state located in the territory of another state by agreement with the host state, in violation of the conditions provided for in the agreement, or any continuation of their stay in such territory upon termination of the agreement;

f) the action of the state, allowing its territory, which it placed at the disposal of another state, to be used by that other state to commit an act of aggression against a third state;

g) the sending by or on behalf of the state of armed gangs, groups, irregular forces or mercenaries who carry out acts of the use of armed force against another state that are so serious that this is tantamount to the above acts, or its significant participation in them.

Section 4

The above list of acts is not exhaustive, and the Security Council may determine that other acts constitute aggression in accordance with the provisions of the Charter

The definition's definition has been criticized by many commentators. Its provisions on the use of armed irregular units are vague, since it is not clear what level of “ involvement ” will entail state responsibility. In addition, the definition is highly state-oriented in that it considers states to be the only participants responsible for acts of aggression. Local or transnational rebel groups, such as those that took part in the civil war in Sierra Leone and the Yugoslav wars , were key players in their conflicts, despite the fact that they are non-state parties; and they are not included in the scope of the definition.

The definition of aggression also does not cover the actions of international organizations. Two key military alliances at the time of the adoption of the definition, NATO and the Warsaw Pact , were non-state parties and thus went beyond the definition. ^[4] In addition, the definition does not apply to the obligations of persons involved in acts of aggression. It is widely perceived as insufficient, on what basis individual criminal prosecutions will be carried out. ^[five]

A definition is not binding on the Security Council . The Charter of the United Nations gives the General Assembly the right to make recommendations to the United Nations Security Council, but the Assembly cannot dictate to the Council. The resolution accompanying the ruling states that it is intended to provide guidance to the Security Council to help it “in determining, in accordance with the Charter, the existence of an act of aggression”. ^[6] The Security Council may apply or ignore this guide as deemed necessary. A number of lawyers argue that the definition of aggression did not have “ any visible impact ” in Security Council discussions. ^[7]

• Text of Resolution 3314
• A Brief Primer on International Law With cases and commentary. Nathaniel Burney, 2007.
• Official United Nations website
• Official UN website on International Law
• Official website of the International Court of Justice
• Introductory note by Elizabeth Wilmshurst , procedural history note and audiovisual material on General Assembly resolution 3314 (XXIX) of 14 December 1974 (Definition of Aggression) in the Historic Archives of the United Nations Audiovisual Library of International Law