Who is the aggressor?

Who is the aggressor

Who is the aggressor?

The aggressor is the country that starts the war.

But the United Nations definition which is quoted below defines the aggressor more narrowly, as the country that first uses armed force.

This definition poses a problem when one country takes 'aggressive action' against another without using military force. If the victim country uses military force in response it appears to be the aggressor and so to be in the wrong according to international law, but morally it may be in the right.

This problem is discussed in more detail under pre-emptive strikes.

The UN definition

The United Nations has defined aggression like this:

In article two of the resolution the definition is expanded:

The UN definition has two elements - for an act to be aggression it must be:

• in contravention of the UN Charter, and
• the first such use of force in a conflict

War of aggression is always wrong

The UN states that a war of aggression is a crime against international peace.

Aggression gives rise to international responsibility.

Nothing, whether political, economic, military or otherwise, can be a justification for aggression.

The UN also states that territorial acquisition or special advantage resulting from aggression is always unlawful.

What is aggression?

The UN definition is based on actions not words - a declaration of war doesn't feature in the list. Instead it includes such acts as:

• the invasion or attack by the armed forces of a State of the territory of another State
• any military occupation, however temporary, resulting from such an invasion or attack
• any annexation by the use of force of the territory of another State or part thereof
• bombardment by the armed forces of a State against the territory of another State
• the use of any weapons by a State against the territory of another State
• blockade of the ports or coasts of a State by the armed forces of another State
• attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State
• use of armed forces of one State which are within the territory of another State with the agreement of that State, in contravention of that agreement (e.g. overstaying permission for the army of state A to stay on the territory of state B)
• the action of a State in allowing its territory to be used by another State for perpetrating an act of aggression against a third State
• sending by or on behalf of a State armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such seriousness as to amount to the acts listed above

The definition is not exclusive - there can be acts of aggression that aren't included in the list above.

(NB: the wording above is not the exact wording of the UN definition, which can be found in United Nations General Assembly Resolution 3314 (XXIX) Definition of Aggression) The BBC is not responsible for the content of external web sites.