Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 54DA
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.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.