(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 Any of the following acts, regardless of a declaration of war, shall, in accordance with United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974, qualify as an act of aggression: For the purpose of paragraph 1, “act of aggression” means 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. For the purpose of this Statute, “crime of aggression” means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.Ģ. Cases of lawful individual or collective self-defence, as well as action authorized by the Security Council are thus clearly excluded.įor more analysis of the definition, please consult our Handbook. This implies that only the most serious forms of illegal use of force between States can be subject to the Court’s jurisdiction. Third, such a State act must amount to an act of aggression in accordance with the definition contained in General Assembly Resolution 3314, and it must, by its character, gravity and scale, constitute a manifest violation of the UN Charter. Second, the Court must prove that the perpetrator was involved in the planning, preparation, initiation or execution of such a State act of aggression. a “person in a position effectively to exercise control over or to direct the political or military action of a State”. In essence, three elements are required:įirst, the perpetrator must be a political or military leader, i.e. 8bis in the Rome Statute of the ICC adopted at the 2010 Review Conference in Kampala. The crime of aggression is defined in art.
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