Crimes by the state

State crime

Nature

International unlawful actions engaging the responsibility of a State towards other States or the international community as a whole constitute what is termed a State crime. This crime, according to the International Law Commission, can result from a serious and large-scale violation of an international obligation that is of essential importance for the protection of the human being, such as those prohibiting slavery, genocide or apartheid. The actions engaging the international responsibility of a State are the same as those giving rise to individual criminal liability in the case of persons who, whether as groups or as private individuals, commit actions constituting an offence.

Background

According to the preamble to the Hague Convention (1907) - approved in France by the Act of 25 May 1910, populations remain under the protection and the rule of the principles of the law of nations, as they result inter alia from the laws of humanity and the dictates of the public conscience. The duty of prosecuting and punishing crimes under international law rests primarily with the State on the territory of which the crimes were committed and in which the perpetrators can be apprehended.

Incidence

Crimes by the state occur on every continent, affecting millions through actions such as unlawful detention, extrajudicial killings, torture, and suppression of dissent. These abuses are documented in both authoritarian and democratic regimes, often targeting political opponents, minorities, or activists. International organizations regularly report widespread violations, with some states systematically undermining legal protections and accountability mechanisms, making the true scale difficult to quantify.
In 2022, Myanmar’s military junta intensified its campaign against pro-democracy activists, resulting in mass arrests, torture, and executions. Human rights groups documented numerous cases of state-sanctioned violence, highlighting the ongoing and severe nature of such crimes.

Claim

Crimes committed by the state are a grave threat to justice and democracy. When governments abuse their power—through corruption, violence, or suppression of rights—they betray the very people they are meant to serve. Such actions erode public trust, undermine the rule of law, and perpetuate suffering on a massive scale. Addressing state crimes is not just important—it is absolutely essential for any society that values freedom, fairness, and human dignity.

Counter-claim

Crimes by the state are vastly exaggerated and do not constitute a significant problem in modern society. Governments are established to maintain order and protect citizens, and any alleged wrongdoing is typically isolated or justified by the greater good. Focusing on state crimes distracts from more pressing issues like individual criminality and social unrest. Overall, concerns about state crimes are overblown and do not warrant serious attention compared to other societal challenges.