ABSTRACT
This chapter aims to identify possible overlaps and differences between individual criminal responsibility and State aggravated responsibility from the standpoint of the breach of a primary norm in international law, addressing the general elements of the offence and specific violations. The peremptory nature of the obligation breached outlines its non-derogability. In fact, Vienna Convention on the Law of Treaties (VCLT) and Vienna Convention on the Law of Treaties between States and International Organisations (VCLTIO) Article 53 defines a peremptory norm as a non-derogable rule accepted as such by the international community as a whole. From a State perspective, the most important norm on jus cogens is VCLT and VCLTIO Article 53. The purpose of the VCLT and VCLTIO is to regulate the sources of international law, conclusion of treaties and their effectiveness. The International Law Commission's 1996 Draft Articles on State Responsibility (DASR) were more specific than the 2001 DASR with respect to the nature of a State crime.
