This article is based upon the principle of individual responsibility for crimes under international law. This principle is recognized by the Charter and judgment of the Nürnberg Tribunal, and in the Commission's formulation of the Nürnberg principles it is stated as follows: “Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.”

In laying down that any act of aggression is an offence against the peace and security of mankind, this paragraph is in consonance with resolution 380 (V), adopted by the General Assembly on 17 November 1950, in which the General Assembly solemnly reaffirms that any aggression “is the gravest of all crimes against peace and security throughout the world”.

The paragraph also incorporates, in substance, that part of article 6, paragraph (a), of the Charter of the Nürnberg Tribunal, which defines as “crimes against peace”, inter alia, the “initiation or waging of a war of aggression”.

While every act of aggression constitutes a crime under paragraph (1), no attempt is made to enumerate such acts exhaustively. It is expressly provided that the employment of armed force in the circumstances specified in the paragraph is an act of aggression. It is, however, possible that aggression can be committed also by other acts, including some of those referred to in other paragraphs of article 2.

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