Rome Statute of the International Criminal Court
(f)
3.
Paragraph 2 (e) applies to armed conflicts not of an international character
and thus does not apply to situations of internal disturbances and tensions,
such as riots, isolated and sporadic acts of violence or other acts of a similar
nature. It applies to armed conflicts that take place in the territory of a State
when there is protracted armed conflict between governmental authorities
and organized armed groups or between such groups.
Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government
to maintain or re-establish law and order in the State or to defend the unity and
territorial integrity of the State, by all legitimate means.
Article 8 bis3
Crime of aggression
1.
For the purpose of this Statute, “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
its character, gravity and scale, constitutes a manifest violation of the Charter of the
United Nations.
2.
For the purpose of paragraph 1, “act of aggression” means the use of armed force by a
State against the sovereignty, territorial integrity or political independence of another
State, or in any other manner inconsistent with the Charter of the United Nations.
Any of the following acts, regardless of a declaration of war, shall, in accordance
with United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974,
qualify as an act of aggression:
3
(a)
The invasion or attack by the 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
another 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 territory 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
marine 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 the 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 perpetrating an
act of aggression against a third State;
(g)
The sending by or on behalf of a State of armed bands, groups, irregulars or
mercenaries, which carry out acts of armed force against another State of such
gravity as to amount to the acts listed above, or its substantial involvement
therein.
Inserted by resolution RC/Res.6 of 11 June 2010.
9