Crime Against Peace - Definition

Definition

No legal authority exists for the definition of the terms "territorial integrity", "political independence" and "sovereignty". However, their face value would seem to disclose the following:

• The "territorial integrity" rule means that it is a crime of aggression to use armed force with intent permanently to deprive a state of any part or parts of its territory, not excluding territories for the foreign affairs of which it is responsible;

• The "political independence" rule means that it is a crime of aggression to use armed force with intent to deprive a state of the entirety of one or more of the prerequisites of statehood, namely: defined territory, permanent population, constitutionally independent government and the means of conducting relations with other States;

• The "sovereignty" rule means that it is a crime of aggression to use armed force with intent to overthrow the government of a state or to impede its freedom to act unhindered, as it sees fit, throughout its jurisdiction.

This definition of the crime of aggression belongs to jus cogens, which is supreme in the hierarchy of international law and, therefore, it cannot be modified by, or give way to, any rule of international law but one of the same rank. An arguable example is any rule imposing a conflicting obligation to prevent, interdict or vindicate crimes which also belong to jus cogens, namely aggression itself, crimes against humanity, genocide, war crimes, slavery, torture and piracy, so that a war waged consistent with the aim of repressing any of these crimes might not be illegal where the crime comes within the limit of proportionality relative to war and its characteristic effects.