One attempt was made during the negotiations in San Francisco for the drafting of the Charter of the United Nations, but proposals for this purpose were rejected. Separately, attempts had been made to reach international agreement on the meaning of aggression by States. The ILC completed some draft principles which followed the Nuremberg Charter in their description of aggression and, later, a code of offences which included aggression but neither of these documents were adopted by the General Assembly (resolution 488 (V) of 12 December 1950 and resolution 897 (IX) of 4 December 1954). It has now taken on a new life as a source for discussion of the definition of the individual crime of aggression within the jurisdiction of the International Criminal Court.įollowing the prosecutions for crimes against peace at the end of the second World War, the United Nations General Assembly affirmed “the principles of international law” recognised by the Charter of the Nuremberg Tribunal and the Tribunal judgment (resolution 95 (I) of 11 December 1946) and directed the International Law Commission (ILC) to formulate those principles and to prepare a code of offences against the peace and security of mankind (resolution 177 (II) of 21 November 1947). The Definition has scarcely ever been used for its primary purpose as a guide to the Security Council in determining aggression by States. General Assembly resolution 3314 (XXIX), with the Definition of Aggression annexed to it, was adopted on 14 December 1974 after protracted intergovernmental negotiations.
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