International Criminal Court and the amendment about the Crime of Agression

See the definition of this old crime in international law, now added at the Statute of Rome:

"Article 8 bis 

 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: 

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."