Aggression (international law)
The United Nations Charter (UN Charter) defines aggression as "the illegal use of military force or other types of coercion on the part of a state (hereinafter: aggressor ) or a coalition of states against one or more other states". The aggression falls under the international law prohibition of the use and threat of violence in interstate relations.
According to the UN Charter, the use of armed force against an aggressor (Article 42) and measures taken by attacked states for their individual and collective self-defense (Article 51) are lawful and therefore not aggression.
Armed aggression
According to the definition of aggression from September 1976, armed aggression is regarded as the most serious and dangerous form. Armed aggression (direct or indirect) always occurs when a state is the first to use armed force against another state in contravention of the aims, principles and provisions of the UN Charter. In accordance with, and without prejudice to, the functions and powers of the UN Security Council , the declaration of war that a state first declares against another state is to be regarded as an act of armed aggression. Any of the following acts, when first committed by a State, with or without a declaration of war, shall be regarded as armed aggression:
- the use of nuclear, bacteriological, chemical or any other weapons of mass destruction ;
- bombing or bombarding the territory and population of another state or attacking its land, air or sea forces;
- the intrusion or attack by the armed forces of one state on the territory of another state, the military occupation or annexation of the territory of another state or the blockade of coasts and ports.
The sending of armed gangs, terrorists, saboteurs and the like to the territory of another state as well as the use of other forms of subversive activity involving the use of armed force that result in an internal overthrow or a change in policy in the attacked state are to be regarded as an act of indirect armed aggression to promote in favor of the aggressor.
The use of armed force in accordance with the UN Charter, including its use by dependent peoples who thereby exercise their right to self-determination under UN General Assembly Resolution 514 (XV), is not intended to be restricted by any of these provisions.
Other forms of aggression
In addition to armed aggression, there are other forms of aggression, such as economic, ideological and legal aggression . This is to be understood as aggressive acts in which goals that are contrary to international law are pursued by means of economic blackmail, ideological diversion and intimidation, as well as the presumption of legal powers.
literature
- Aggression (definition). In: Military Lexicon . 2nd Edition. Berlin (GDR) 1973, p. 15, license number : 5, ES no .: 6C1, order no .: 745.303.1.