ABSTRACT
The crime of aggression, more than any other of the crimes within the jurisdiction of the Court, involves the participation of a State. Of the other crimes triable by the Court, almost everyone can be committed without the involvement of a State, although State participation may be more frequent than not. The fact —which should be obvious —does give to the negotiations more of a political flavour than has been the case with the negotiation of all but a few of the other crimes within the jurisdiction of the Court. It is also capable of leading to confusion between the international law description of State responsibility for unlawful use of force on the one hand and the definition of the crime of aggression committed by individuals on the other. Article 5(2) of that Resolution provides that a "war of aggression is a crime against international peace. Aggression gives rise to international responsibility.".
