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33 - 1997 Proposal by Egypt and Italy

Published online by Cambridge University Press:  05 June 2014

Stefan Barriga
Affiliation:
United Nations, New York
Claus Kreß
Affiliation:
Universität zu Köln
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Summary

1. For the purposes of this Statute, the crime of aggression is committed by a person who is in a position to exercise control or capable of directing political/military actions in his State against another State, in contravention to the Charter of the United Nations, by resorting to armed force, to threaten or violate that State's sovereignty, territorial integrity or political independence.

2. Provided that the acts concerned or their consequences are of sufficient gravity, acts constituting aggression [include] [are] the following:

  1. The invasion or attack by the armed forces of a State of a 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;

  2. 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;

  3. The blockade of the ports or coasts of a State by the armed forces of another State;

  4. An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State;

  5. 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;

  6. 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;

  7. 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.

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Publisher: Cambridge University Press
Print publication year: 2011

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