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Why Try Again to Define Aggression?

Published online by Cambridge University Press:  28 March 2017

John N. Hazard
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Abstract

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Type
Editorial Comment
Information
American Journal of International Law , Volume 62 , Issue 3 , July 1968 , pp. 701 - 710
Copyright
Copyright © American Society of International Law 1968

References

1 Dec. 18, 1967. General Assembly, 22nd Sess., Official Records, Supp. No. 16 (A/6716), p. 84. The item has been placed on the agenda by the U.S.S.B. with an explanatory statement. See U.N. Doc. A/6833, Sept. 22, 1967, and ibid., Corr. 1, Sept. 25, 1967.

2 See remarks by Ambassador Goldberg for the United States in response to remarks of Ambassador Kuznetsov, introducing the proposal for the U.S.S.E. See U.N. Doc. A/P.V. 1611, Nov. 28, 1967, at p. 22.

3 Japan had said in 1959 that, even if a definition should be adopted, such a definition would neither be binding upon those Member states which had opposed it, nor could it eliminate under the present international situation the possibility of arbitrary interpretations by the Member states which had favored it. See U.N. Doc. A/AC.91/1, Bev. 1, April 3, 1959. Similar comments were made privately to the author by representatives of European states when the resolution was adopted.

4 For a summary of the debate in the Sixth Committee of the General Assembly, see Report of the Sixth Committee on “Need to Expedite the Drafting of a Definition of Aggression in the Light of the Present International Situation.” U.N. Doc. A/6988, Dec. 15, 1967, pars. 10 and 11.

5 Malawi voted against the resolution. The abstainers were Member states generally associated with the “Western” group; but Canada, Finland, France, Portugal, Spain and Sweden voted for the resolution. Austria abstained, as usual in conflicts. No rollcall vote was recorded, but observers calculated that the other abstainers were Australia, Belgium, Denmark, Greece, Iceland, Ireland, Israel, Italy, Japan, Luxembourg, Malta, Netherlands, New Zealand, Norway, Turkey, United Kingdom and the United States.

6 For a thorough review of the history of definitions of aggression prior to 1952, see Report of the Secretary General, U.N. Doc. A/2211, Oct. 3, 1952, reprinted in U.N. General Assembly, 7th Sess. 1952-1953, Official Records, Annexes, Agenda item 54. See also Harvard Research Draft Convention and Comment on Rights and Duties of States in Case of Aggression, 33 A.J.I.L. Supp. 819 (1939).

7 Pacts of July 3, 4 and 5, 1933. For texts see 147 L.N. Treaty Series 66 and 148 ibid. 79 and 211. Also see 27 A.J.I.L. Supp. 192 et seq. (1933).

8 The I.L.C. report, filed with the General Assembly in the autumn of 1951, proposed that a definition of aggression in general terms treating only of force and threat of force be placed in its Draft Code of Offenses against the Peace and Security of Mankind. See U.N. Doe. A/1858; reprinted in U.N. General Assembly, 6th Sess., 1951- 1952, Official Records, Supp. 9, and in 45 A.J.I.L. Supp. 103 (1951). Documents submitted to the Sixth Committee for use in the debate of the I.L.C. report appear in U.N. General Assembly, 6th Sess., 1951-1952, Official Records, Annexes, Agenda item 49.

9 Report of Special Committee, 1953, U. N. Doc. A/2638, Aug. 24-Sept. 21, 1953. Reprinted in U.N. General Assembly, 9th Sess., 1953-1954, Official Records, Annexes, Supp. 11.

10 Report of Special Committee, 1956, U.N. Doc. A/3574, Nov. 27, 1957. Reprinted in U.N. General Assembly, 12th Sess., 1957, Official Records, Annexes, Agenda item 54 at p. 2.

11 Report of Special Committee, 1959, U.N. Doc. A/AC.91/2, April 24, 1959, recommending adjournment to 1962. A second adjournment was voted to 1965. See U.N. Doc. A/AC/91/3, April 13, 1962. A third adjournment was voted to 1967 unless a majority of members desired a 1966 meeting, U.N. Doc. A/AC.91/5, April 26, 1965. No earlier meeting was requested. The current proposal was the first manifestation of activity of a positive character since 1959.

12 See U.N. General Assembly, 12th Sess. 1957, Official Records, Committee 6, 524th sitting, Oct. 29, 1957, par. 3.

13 See ibid., 522nd sitting, Oct. 25, 1957, par. 22.

14 See ibid., 521st sitting Oct. 24, 1957, par. 1.

15 See U.N. General Assembly, 6th Sess., 1951-1952, Official Records, Committee 6, 280th sitting, Jan. 8, 1952, par. 5.

16 See U.N. General Assembly, 12th Sess., 1957, Official Records, Committee 6, 519th sitting, Oct. 18, 1957, par. 5.

17 For a review of the work of the Special Committee, see E. McWhinney, “The 'New’ Countries and the ‘New’ International Law: The United Nations’ Special Conference on Friendly Relations and Cooperation among States,” 60 A.J.I.L. 1-33 (1966).

18 For Indonesian rejection of development of law through codification in preference for development through the courts, see Lev, D. S., “The Lady and the Ban Tan Tree: Civil Law Change in Indonesia,” 14 Am.J. Comp. Law 282 (1965)CrossRefGoogle Scholar. Lenin followed the same method in Soviet Russia until he felt the necessity, with the introduction of a modified form of capitalism with his New Economic Policy, to codify in 1922.

19 General Assembly Res. 2099 (XX), Dec. 20, 1965; 60 A.J.I.L. 664 (1966). The first program was approved by General Assembly Resolution 2204 (XXI), Dec. 16, 1966. The differences of views on creating an educational program in international law within the United Nations were set forth by the author in “Technical Assistance in the New International Law,” 60 A.J.I.L. 342 (1966).

20 Programs of the Faculty are available at the Secretariat, 1, rue Longpont, 92 Neuilly, France.

21 See Pacts of 1933, cited note 7 above.

22 U.N. General Assembly, 5th Sess., 1950-1951, Official Records, 319th Plenary Seas., Dec. 6, 1950, pars. 33-39.

23 U.N. General Assembly, 7th Sess., 1952, Official Records, Committee 0, 330th sitting, Nov. 30, 1952, par. 13.

24 U.N. General Assembly, 6th Sess., 1951, Official Records, Committee 6, 289th sitting, Jan. 17, 1952, par. 37.

25 See U.N. Doc. A/AC.66/L.2, Aug. 25, 1953.

26 See TT.N. General Assembly, 9th Sess., 1954, Official Records, Annexes, Agenda item 51, p. 6.

27 U.N. Doc. A/AC.77/L.4, Oct. 23, 1956.

28 U.N. Doc. A/C.6/L.399, Oct. 3, 1957.

29 See TJ.N. Doc. A/AC.91/4, March 15, 1965, p. 9.

30 gee U.N. Doc. A/AC.91/4/Add.l, March 23, 1965, p. 2.

31 See doc. cited, note 29 above, at p. 3.