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3314 (ΧΧΙΧ). Definition of Aggression

第 3314 号決議 (第 29 期)　侵略の定義

　The General Assembly,

　総会は、

　Having considered the report of the Special Com- mittee 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 11 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,

　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 Defini- tion 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;

　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.

2319th plenary meeting
14 December 1974

1974 年 12 月 14 日
第 2319 回本会議

　¹ Official Records of the General Assembly. Twenty-ninth Session, Supplement No. 19 (A/9619 and Corr.1).

ANNEX

別紙

Definition of Aggression

侵略の定義

　The General Assembly,

　総会は、

　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 of the 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, aggres- sion 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,

　諸国人民から自決と自由と独立への権利を奪ったり、領土的一体性を破壊することに武力/軍隊を使わない諸国家の責務を再確認し、

　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 Prin- ciples 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

　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:³

　以下の侵略の定義を採択する。

Article 1

第一条

　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.

　侵略とはある国家が他の国家の主権、領土的一体性または政治的独立に反して、あるいはこの定義に提示された国際連合憲章と相容れないその他のあらゆる仕方で武力/軍隊を使うことである。

　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 facie evidence 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 suffi- cient 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 an- other 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 another State;

　(e) The use of armed forces of one State which are within the territory of another State with the agreement of the receiv- ing 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.

rticle 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 régimes 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.

　² Resolution 2625 (XXV), annex.

　³ 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 (Official Records of the Gen- eral Assembly, Twenty-ninth Session, Supplement No. 19 (A/9619 and Corr.1). Statements on the Definition are contained in paragraphs 9 and 10 of the report of the Sixth Committee (A/9890).