ABSTRACT
From a normative standpoint, individual criminal responsibility and State aggravated responsibility are evolving overlapping concepts. Although differences exist, crucial substantive links emerge, particularly because the conduct of State organs or agents generates dual responsibility. A historical analysis of core regulatory instruments demonstrates that, contrary to the pre-World War II era, a trend emerged after World War II to separate individual criminal liability and State aggravated responsibility in international law, specifically within the context of the United Nations. Consistently with the substantive relationship between individual criminal responsibility and State aggravated responsibility, the former should be adjudicated upon prior to the latter. Individual criminal proceedings should thus be preliminary to assessing State aggravated responsibility. Accordingly, a unitary system should be established, whereby a permanent International Criminal Court determines individual criminal responsibility first. State aggravated responsibility would be assessed subsequently, by the same court deciding on individual criminal responsibility, or, more realistically, by other international jurisdictions, notably the International Court of Justice.
