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Published online by Cambridge University Press: 27 February 2017
1 See Ferencz, B., Defining Aggression: Where It Stands and Where It's Going, 66 AJIL 491 (1972)CrossRefGoogle Scholar; id., A Proposed Definition of Aggression, 2 Int. & Comp. L.Q. 407 (1973); id., Defining Aggression-The Last Mile, 12 Col. J. Int. L. 430 (1973). And see the substantial contemporaneous commentary in Schwebel, S. M., Aggression, Intervention and Self Defence in Modern International Law, 136 Hague Academy, Rec. Des Cours 419-95 (II, 1972)Google Scholar.
2 G.A. Res 3314 (XXIX), Dec. 14, 1974, reprinted at 69 AJIL 480 (1975).
3 5 GAOR, Annexes, Agenda Items No. 72, UN Doc. A/C.l/609 (1950).
4 29 GAOR, Annexes, Agenda Item No. 86, UN Doc. A/9896 (1974).
5 For the discussion of individual paragraphs, see Vol. 2, at 21-26 of the work under review [hereinafter cited as Ferencz].
6 Id. 32-33.
7 All the acts listed in Article 3 are, by its terms, to be read “subject to and in accordance with Article 2,” and Article 2 as already observed prescribes priority of resort, and contravention of the Charter, and consideration “in the light of other relevant circumstances.” Cf. the U.K. delegate in Report of the Special Committee … 29 GAOR Supp. 19, at 32, UN Doc. A/9619 (1974).
8 Report of the Special Committee … 27 GAOR Supp. 19, at 14, UN Doc. A/8719 (1972).
9 Ferencz, Vol. 2, at 34.
10 Ibid.
11 UN Doc. A/9890 (1974). The Note is contained in the Report of the Special Committee, supra note 7, at para 20 and is reprinted at 69 AJIL 483 (1975).
12 Ferencz, Vol. 2, at 35, 67, and n.167, and, UN Doc. A/C.6/SR 1502 (M. Broms, Finland) (1974).
13 See the Report of the Sixth Committee, UN Doc. A/9890, para. 10 (1974); and cf. as to blockade of landlocked states above referred to, id., para. 9.
14 UN Doc. A/AC.134/L.17 and Add.l and 2 in Report of the Special Committee… 25 GAOR Supp. 19, at 58, 60, UN Doc. A/8019 (1970).
15 Ferencz, Vol. 2, at 37-38.
16 Id. 38. Cf. more fully Stone, Aggression and World Order 34-38 (esp. 35, 37-38), 211-12 (1958).
17 Ferencz, Vol. 2, at 22-23.
18 Id. 40.
19 Ibid.
20 Id. 41-42.
21 Ibid.
22 Id. 42-45.
23 Id. 43-44. The Charter sought to close this escape hatch by using other terms, like “threat or use of force,” “threat to the peace,” “breach of the peace,” and “armed attack,” in its operative provisions. Of course, ample other escape hatches remained: see Stone, Legal Controls of International Conflict 243-96 (1954). The difficulties of the 1974 Definition are not eased on this point by the additional Explanatory Note to the effect that “the words ‘international responsibility’ are used without prejudice to the scope of this term.” See Report of the Special Committee, supra note 7, at para. 9.
24 Ferencz, Vol. 2, 45.
25 Id. 48-49.
26 Id. 52.
27 See e.g. Id. 48-49.
28 A remark, as Mr. Ferencz generously tells me in a letter of March 27, 1976, he had made to friends, “only half in jest.” It is quoted here with his kind permission.