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e Renunciation Of War (Kellogg-Briand Pact) [9] was signed, which required signatories to explore peaceful resolutions to disputes between them. The UN Charter now supersedes Kellogg-Briand Pact. The right to wage war is no longer regarded legitimate and is prohibited under international law. The UN Charter regulates the use of force and identifies when its use is lawful. UN Charter Article 2(3) states:

“[A]ll Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.” [1] 0

UN Charter Article 2(4) states:

“[A]ll Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.” [1] 1

Article 2(4) is now regarded as customary international law and the requirement to abstain from the use of force is acknowledged as a jus cogens norm, such peremptory norms are “compelling law” from which no derogation by any state is ever permitted. The Article 2(4) also prohibits the threat and extends to include e.g. reprisals. [1] 2

Definition of Aggression:

Aggression is regarded as one of the core crimes under customary international law, but the definition of aggression is still contentious [1] 3.

Aggression according to Cryer [1] 4 “[I] s a leadership crime and is committed only by leaders and high policy makers.” This point of view is illustrated in Von Leeb & Ors tried before American Military Tribunal. First of the 4 indictments was “Crimes against peace by waging aggressive war against other nations and violating international treaties” [1] 5.

Definition of aggression are also laid down in:

Draft Code of Crimes against the Peace and Security of Mankind (1996) Article 12 -Ne bis in idem, which translates literally from Latin as 'not twice for the same', means that no legal action can be instituted twice for the same cause of action. [1] 6

Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Law (1987) [1] 7

Prohibitions on the use of force is underlined in the 1970 GA Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with UN Charter. Aggression is regarded as a crime against for which there is a burden of grave responsibility to bear under international law [1] 8.

Crimes of aggression in international law according to UN General Assembly Resolution 3314 on the Definition of Aggression 1975, Article 5.2. “ [A] war of aggression is a crime against international peace. Aggression gives rise to international responsibility.” [1] 9 Adopted in December 1974, as a non-binding recommendation to the United Nations Security Council on the definition it should use for the crime of aggression. [2] 0

The use of armed force by one state against the sovereignty territorial, or political independence of another state or in any way is inconsistent with the Charter of the United Nations.

The resolution lists examples of aggression, which include the following:

Invasion, attack, military occupation or annexation of a terroritor