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United Nations General Assembly Resolution 3314
United Nations General Assembly Resolution 3314 (XXIX) (Definition of Aggression) was adopted by the United Nations General Assembly on December 14, 1974 as a non-binding recommendation to the United Nations Security Council on the definition it should use for the crime of aggression. Background The adoption of the definition was the culmination of a long process begun in 1923 under the auspices of the League of Nations. In December 1967 the General Assembly adopted Resolution 2330 (XXII), which established a Special Committee on the Question of Defining Aggression. This body comprised 35 member states. After seven years, it reported back to the General Assembly with draft proposals that formed the basis of the final Definition of Aggression. The definition of aggression The definition makes a distinction between ''aggression'' (which "gives rise to international responsibility") and ''war of aggression'' (which is "a crime against international peace"). Article 3 "in accorda ...
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United Nations General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Currently in its 77th session, its powers, composition, functions, and procedures are set out in Chapter IV of the United Nations Charter. The UNGA is responsible for the UN budget, appointing the non-permanent members to the Security Council, appointing the UN secretary-general, receiving reports from other parts of the UN system, and making recommendations through resolutions. It also establishes numerous subsidiary organs to advance or assist in its broad mandate. The UNGA is the only UN organ wherein all member states have equal representation. The General Assembly meets under its president or the UN secretary-general in annual sessions at the General Assembly Building, within the UN headquarters in New York City. The main part of t ...
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United Nations Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council. The UN Charter mandates the UN and its member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion". As a charter and constituent treaty, its rules and obligations are binding on all members and supersede those of other treaties. During the Second World War, the Allies— formally known ...
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Aggression In International Law
Aggression is overt or covert, often harmful, social interaction with the intention of inflicting damage or other harm upon another individual; although it can be channeled into creative and practical outlets for some. It may occur either reactively or without provocation. In humans, aggression can be caused by various triggers, from frustration due to blocked goals to feeling disrespected. Human aggression can be classified into direct and indirect aggression; whilst the former is characterized by physical or verbal behavior intended to cause harm to someone, the latter is characterized by behavior intended to harm the social relations of an individual or group. In definitions commonly used in the social sciences and behavioral sciences, aggression is an action or response by an individual that delivers something unpleasant to another person. Some definitions include that the individual must intend to harm another person. In an interdisciplinary perspective, aggression is regar ...
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1974 In Law
Major events in 1974 include the aftermath of the 1973 oil crisis and the resignation of President of the United States, United States President Richard Nixon following the Watergate scandal. In the Middle East, the aftermath of the 1973 Yom Kippur War determined politics; following List of Prime Ministers of Israel, Israeli Prime Minister Golda Meir's resignation in response to high Israeli casualties, she was succeeded by Yitzhak Rabin. In Europe, the Turkish invasion of Cyprus, invasion and occupation of northern Cyprus by Turkey, Turkish troops initiated the Cyprus dispute, the Carnation Revolution took place in Portugal, and Chancellor of Germany, Chancellor of West Germany Willy Brandt resigned following an Guillaume affair, espionage scandal surrounding his secretary Günter Guillaume. In sports, the year was primarily dominated by the 1974 FIFA World Cup, FIFA World Cup in West Germany, in which the Germany national football team, German national team won the championshi ...
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International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. It is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states. While praised as a major step towards justice, and as an innovation in international law and human rights, the ICC has faced a number of criticisms from governments and civil society, including objections to its jurisdiction, accusations of bias, Eurocentrism and racism, questioning of the fairness of its case-selection and trial procedures, and doubts about its effectiveness. History The establishment of an international tribunal to judge political leaders accused of international crimes was first proposed ...
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United Nations General Assembly Resolutions
A United Nations General Assembly resolution is a decision or declaration voted on by all member states of the United Nations in the General Assembly. General Assembly resolutions usually require a simple majority (50 percent of all votes plus one) to pass. However, if the General Assembly determines that the issue is an "important question" by a simple majority vote, then a two-thirds majority is required; "important questions" are those that deal significantly with the maintenance of international peace and security, admission of new members to the United Nations, suspension of the rights and privileges of membership, the expulsion of members, operation of the trusteeship system, or budgetary questions. Although General Assembly resolutions are generally non-binding towards member states, internal resolutions may be binding on the operation of the General Assembly itself, for example with regard to budgetary and procedural matters. Notable General Assembly resolutions *194 ...
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Elizabeth Wilmshurst
Elizabeth Susan Wilmshurst (born 28 August 1948), Distinguished Fellow of the International Law Programme at Chatham House (the Royal Institute of International Affairs), and Professor of International Law at University College London, is best known for her role as Deputy Legal Adviser at the Foreign and Commonwealth Office of the United Kingdom on the eve of the 2003 invasion of Iraq. She resigned from the Foreign Office on 20 March 2003, three days after Lord Goldsmith's final advice to the British government reversed her legal opinion (in Lord Goldsmith's first secret memo 10 days earlier) that the invasion was illegal without a second United Nations Security Council Resolution to SCR 678. Although her resignation was public at the time, the detailed reasons and resignation letter were not, and caused a stir when they were released two years later. On 26 January 2010, Wilmshurst gave evidence to the Iraq Inquiry about the legality of the 2003 invasion of Iraq and the advic ...
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Review Conference Of The Rome Statute
A Review Conference of the Rome Statute took place from 31 May to 11 June 2010, in Kampala, Uganda to consider amendments to the Rome Statute of the International Criminal Court. The Rome Statute established the International Criminal Court in 2002 as a permanent tribunal to prosecute individuals accused of the most serious crimes of international concern, and provided that a review conference be held seven years after the entry into force.See Article 123 of the Rome Statute Scope The Review Conference considered amendments to the Rome Statute and the Statute made specific reference to reviewing the list of crimes within the court's jurisdiction. The final resolution when the Rome Statute was signed specifically recommended that the review should reconsider including drug trafficking and terrorism in the list of crimes, and also agreeing on a definition of crimes of aggression so that the court can exercise its jurisdiction over this crime. Two amendments to the Rome Statute of ...
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Breach Of The Peace
Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct. Public order England, Wales and Northern Ireland In England and Wales, theoretically all criminal offences cognizable by English law involve "a breach of the King's peace", and all indictments formerly concluded "against the peace of our Lady the Queen, her crown and dignity" before the passage of the Indictments Act 1915 and the Rules that formed that Act's first schedule. The conclusion has also found its way into constitutional law in many United States state constitutions, which mandate that indictments within the state end in a similar manner to the above, usually omitting the "crown" part or substituting "government". For example, New Jersey's is "against the peace of this State, the government and dignity of the same". Historically that c ...
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Crime Against Peace
A crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an exhaustive list of acts of aggression that can give rise to individual criminal responsibility, which include invasion, military occupation, annexation by the use of force, bombardment, and military blockade of ports. Aggression is generally a leadership crime that can only be committed by those with the power to shape a state's policy of aggression, rather than those who carry it out. The philosophical basis for the wrongness of aggression is found in just war theory, in which waging a war without a just cause for self-defense is unjust. In the wake of the German invasion of the Soviet Union during World War II, Soviet jurist Aron Trainin made the first successful proposal to criminalize aggression. The Charter of the International ...
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Command Responsibility
Command responsibility (superior responsibility, the Yamashita standard, and the Medina standard) is the legal doctrine of hierarchical accountability for war crimes.Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law
by Allison Marston Danner and Jenny S. Martinez, September 15, 2004

by Robin Rowland, CBC News Online, 6 May 2004
The legal doctrine of command responsibility stipulates that a superior officer (military commander or civilian leader ...
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Yoram Dinstein
Yoram Dinstein (יורם דינשטיין; born January 2, 1936) is an Israeli scholar and Professor Emeritus at Tel Aviv University. He is a specialist on international law, and a prominent authority on the laws of war. He served as President of Tel Aviv University from 1991 to 1998. Biography Yoram Dinstein was born in Tel Aviv in 1936. He received his legal education from Hebrew University of Jerusalem, where he graduated summa cum laude, and New York University Law School. Legal and academic career Dinstein was appointed an instructor at the Hebrew University in 1964. From 1966 to 1970, he was a member of the Israeli delegation to the United Nations and the Israeli Consul-General in New York City. Dinstein was Dean of the Faculty Law at Tel Aviv University from 1978 to 1980. From 1980 to 1985 he was the Rector of Tel Aviv University (1980–85), and he served as its president from 1991 to 1998 (following Moshe Many, and succeeded by Itamar Rabinovich). He served twice as t ...
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