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The resort to force must have a legal basis in order not to violate these prohibitions. Thelegality of the use of force must be assessed in light of the particular facts and circumstances atissue. 2091.11.3.1 Aggression. Aggression is the most serious and dangerous form of theillegal use of force. 210 Not every act of illegal use of force prohibited by Article 2(4) of theCharter constitutes aggression. 211 Initiating a war of aggression is a serious internationalcrime. 212 U.N. General Assembly Resolution 3314 suggested considerations that the SecurityCouncil should bear in mind in determining whether an act of aggression had occurred. 213Although this resolution states basic principles as guidance for such determinations, it recognizesthat whether an act of aggression has been committed must be considered in light of all thecircumstances of each particular case. 214209 See, e.g., William H. Taft IV, Legal Adviser, Department of State, & Todd F. Buchwald, Assistant Legal Adviserfor Political-Military Affairs, Department of State, Preemption, Iraq, and International Law, 97 AJIL 557 (2003)(“In the end, each use of force must find legitimacy in the facts and circumstances that the state believes have madeit necessary. Each should be judged not on abstract concepts, but on the particular events that gave rise to it.”);Daniel Webster, Letter to Mr. Fox, Apr. 24, 1841, reprinted in DANIEL WEBSTER, THE DIPLOMATIC AND OFFICIALPAPERS OF DANIEL WEBSTER, WHILE SECRETARY OF STATE 105 (1848) (“It is admitted that a just right of selfdefenseattaches always to nations as well as to individuals, and is equally necessary for the preservation of both.But the extent of this right is a question to be judged of by the circumstances of each particular case;”).210 Definition of Aggression, preamble 5, Annex to U.N. GENERAL ASSEMBLY RESOLUTION 3314 (XXIX),Definition of Aggression, U.N. Doc. A/RES/3314 (XXIX) (Dec. 14, 1974) (“Considering also that, since aggressionis the most serious and dangerous form of the illegal use of force, being fraught, in the conditions created by theexistence of all types of weapons of mass destruction, with the possible threat of a world conflict and all itscatastrophic consequences, aggression should be defined at the present stage.”).211 Joseph Sanders, Rapporteur, The Special Committee on the Question of Defining Aggression, Report of theSpecial Committee on the Question of Defining Aggression, Annex 1: Views expressed by members of the SpecialCommittee at the concluding stage of the Special Committee’s session, U.N. General Assembly Official Records:Twenty-Ninth Session Supplement No. 19, U.N. Doc. A/9619, 22-23 (Mar. 11-Apr. 12, 1974) (“Mr.ROSENSTOCK (United States of America) … The fifth preambular paragraph, while recognizing the dangerswhich would flow from an illegal use of force amounting to aggression, correctly stated the view that not every actof force in violation of the Charter constituted aggression.”).212 United States, et al. v. Göring, et al., Judgment, I TRIAL OF THE MAJOR WAR CRIMINALS BEFORE THE IMT 421(“To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crimediffering only from other war crimes in that it contains within itself the accumulated evil of the whole.”).213 Joseph Sanders, Rapporteur, The Special Committee on the Question of Defining Aggression, Report of theSpecial Committee on the Question of Defining Aggression, Annex 1: Views expressed by members of the SpecialCommittee at the concluding stage of the Special Committee’s session, U.N. General Assembly Official Records:Twenty-Ninth Session Supplement No. 19, U.N. Doc. A/9619, 22-23 (Mar. 11-Apr. 12, 1974) (“Mr.ROSENSTOCK (United States of America) … The text that had been produced was a recommendation of theGeneral Assembly for use by the Security Council. … In article 2, the definition suggested the considerations whichthe Security Council should bear in mind in determining whether an act of aggression had occurred.”).214 Definition of Aggression, preamble 10, Annex to U.N. GENERAL ASSEMBLY RESOLUTION 3314 (XXIX),Definition of Aggression, U.N. Doc. A/RES/3314 (XXIX) (Dec. 14, 1974) (“Believing that, although the questionwhether an act of aggression has been committed must be considered in the light of all the circumstances of eachparticular case, it is nevertheless desirable to formulate basic principles as guidance for such determination,”).44