A Legal Look at State Crimes and Their Types
Journal: International Journal of Nations Research (Vol.6, No. 69)Publication Date: 2021-08-21
Authors : Salar Sadeghi;
Page : 85-103
Keywords : State Crime; Enforced Disappearance; Injury; Violence;
Abstract
States, as guarantors of the security of societies, can sometimes lead to insecurity themselves. In this case, the state may commit a crime as a legal entity. However, the state's harmful behavior is not criminalized in international law and instruments, and there are legal loopholes in this regard. But states can violently, non-violently and blamefully violate human rights and harm people and society, and therefore must be held accountable. Accordingly, the main question of this article is “how the states commit crimes and what crimes do they commit?”, and the article seeks to answer it in a descriptive-analytical way. In this article, while examining the concept of state crime from a legal perspective, the types of crimes committed by states and the constituent elements of such crimes are examined, and finally, it is concluded that today the international community must recognize the criminal responsibility of states by criminalizing the harmful behavior of states so that international judicial institutions can administer justice to criminal states.
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Last modified: 2021-12-23 15:48:25