On the International Criminal Responsibility of States

Abstract

At present, the concept of international criminal responsibility lacks explicit provisions in international conventions, and scholars have developed diverse interpretations based on domestic legal frameworks. Traditional international law denies the existence of criminal responsibility for states and holds that only individuals may bear such liability; however, modern international law has incorporated this concept into the broader regime of state responsibility, thereby extending the traditional scope. Owing to political and economic disparities among states, this issue remains contentious. This paper supports the position that states can be subjects of international criminal responsibility. Through comparative analysis, it argues for both the necessity and feasibility of attributing international criminal responsibility to states, emphasizing its vital role in upholding the rule of law at the international level. The paper contends that this represents a significant legal development in the international community’s response to systemic crimes.