Abstract
This chapter focuses on issues relating to the definition of the state act element of the crime of aggression. States that contend a narrower definition of a state act of aggression is needed for the purposes of the crime have focussed on identifying an appropriate threshold to limit the types of state acts that attract individual criminal responsibility. The chapter establishes that the German definitional model is narrower than the customary international law stemming from Nuremberg and Tokyo on which the definition claims to be based. Proposals that the term 'a war of aggression' or a reference to occupation or annexation be incorporated into the definition of the state act element of the crime of aggression have yet to achieve majority support in the Special Working Group on the Crime of Aggression (SWGCA). Keywords: crime of aggression; crimes against peace; individual criminal responsibility; International Criminal Court's (ICC) jurisdiction; international criminal law; international treaties
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