Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 54DA

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54DA. (1) A crime of aggression means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by i ts character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations. (2) For the purposes of this art icle an "act of aggression" mean s the use of armed force by a State against the sovereignty, terr itorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. (3) Any of the following acts, r egardless of a declaration of war, shall, in accordance with UN General Assembly Resolution 3314(XXIX) of 14 Decem ber 1974, qualif y as an act of aggression : (a) the invasion or attack by th e armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of an other State or part thereof; (b) bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the terr itory of another State; (c) the blockade of the ports or coasts of a State by the armed forces of another State; (d) an attack by the armed forces of a State on the land, sea or air forces, or marin e and air fleets of another State; (e) the use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in th e agreement or any extension of their presence in such territory beyond the termination of the agreement; (f) the action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpe trating an act of aggression 46 CAP. 9.] CRIMINAL CODE against a third State; and (g) the sending by or on behalf of a State of armed bands, groups, irregulars or mercen aries, which carry out acts of armed force against anothe r State of such gravity as to amount to the acts listed above, or its substantial involvement therein. Responsibility of commanders and other superiors. Added by: XXIV .2002.13.

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