LETTONIE - RUSSIE, Traités et documents de base

N° 3405. - Convention between Lithuania and the Union of Soviet Socialist Republics for the Definition of Aggression. Signed at London, July 5th, 1933

N° 3405. - Convention between Lithuania and the Union of Soviet Socialist Republics for the Definition of Aggression. Signed at London, July 5th, 1933

French official text communicated by the Lithuanian Minister for Foreign Affairs. The registration of this Convention took place April 16th, 1934.

The President of The Republic of Lithuania and
The Central Executive Committee of The Union of Soviet Socialist Republics;

Being desirous of consolidating the peaceful relations existing between their countries;

Mindful of the fact that the Briand-KelIogg Pact, of which they are signatories, and likewise the Pact of Non-Aggression concluded between them at Moscow on September 28th, 1926, prohibit all aggression;

Deeming t necessary, n the interest of the general security, to define aggression as specifically as possible, in order to obviate any pretext whereby it might be justified;

And noting that all States have an equal right to independence, security, the defence of their territories and the free development of their institutions;

And desirous, in the interest of the general peace, to ensure to all peoples the inviolability of the territory of their countries;

And judging it expedient, in the interest of the general peace, to bring into force as between their countries precise rules defining aggression, until such time as those rules shall become universal;

Have decided, with the aforesaid objects, to conclude the present Convention and have duly authorised for that purpose:

The President of The Republic of Lithuania:
M. Vaclovas SIDZIKAUSKAS, Envoy Extraordinary and Minister Plenipotentiary in London;

The Central Executive Committee of The Union of Soviet Socialist Republics:
M. Maxime LITVINOFF. People's Commissary for Foreign Affairs;

Who have agreed upon the following provisions:

Article 1.
Each of the High Contracting Parties undertakes to accept in its relations with the other Party, from the date of the entry into force of the present Convention, the definition of aggression framed by the Committee on Security Questions of the Conference for the Reduction and Limitation of Armaments, following on the Soviet delegation's proposal.

Article 2.
Accordingly, the aggressor in an international conflict shall, subject to the agreements in force between the parties to the dispute, be considered to be that State which is the first to commit any of the following actions:

(1) Declaration of war upon another State;

(2) Invasion by its armed forces, with or without a declaration of war, of the territory of another State;

(3) Attack by its land, naval or air forces, with or without a declaration of war, on the territory, vessels or aircraft of another State;

(4) Naval blockade of the coasts or ports of another State;

(5) Provision of support to armed bands formed in its territory which have invaded the territory of another State, or refusal, not withstanding the request of the invaded State, to take in its own territory all the measures in its power to deprive those bands of all assistance or protection.

Article 3.
No political, military, economic or other considerations may serve as an excuse or justification for the aggression referred to in Article 2 (for examples, see Annex).

Article 4.
The present Convention shall be ratified by the High Contracting Parties in conformity with their national laws.

It shall come into force immediately after the exchange of the instruments of ratification, which shall take place at Moscow.

In faith whereof the above-mentioned Plenipotentiaries have signed the present Convention and have thereto affixed their seals.

Done in London in two copies, in French, July 5th, one thousand nine hundred and thirty-three.

(s) Vaclovas SIDZIKAUSKAS.
(s) Maxime LITVINOFF.

To Article 3 Of The Convention Relating To The Definition Of Aggression.

The High Contracting Parties signatories of the Convention relating to the definition of aggression,

Desiring, subject to the express reservation that the absolute validity of the rule laid down in Article 3 of that Convention shall be in no way restricted, to furnish certain indications for determining the aggressor,

Declare that no act of aggression within the meaning of Article 2 of that Convention can be justified on either of the following grounds, among others:

A. The internal condition of a State:

E. g., its political, economic or social structure; alleged defects in its administration; disturbances due to strikes, revolutions, counter-revolutions or civil war.

B. The international conduct of a State:

E. g., the violation or threatened violation of the material or moral rights or interests of a foreign State or its nationals; the rupture of diplomatic or economic relations; economic or financial boycotts; disputes relating to economic, financial or other obligations towards foreign States; frontier incidents not forming any of the cases of aggression specified in Article 2.

The High Contracting Parties further agree to recognise that the present Convention can never legitimate any violations of international law that may be implied in the circumstances comprised in the above list.

The High Contracting Parties further agree to recognise that the present Convention can never legitimate any violations of international law that may be implied in the circumstances comprised in the above list.

(s) V. SIDZIKAUSKAS.
(s) Maxime LITVINOFF.

The exchange of ratifications took place at Moscow, December l4th, 1933.

Source:
L.N.T.S. Vol. 148. Cité p.56 dans "Security and Non-aggression, Baltic States and USSR Treaties on Non-aggression" de E.Krepp, édité par Estonian Information Centre & Latvian National Foundation, Stockholm 1973