The Feasibility of State Criminal Liability Arising from the Exercise of Sovereignty by Triple Powers

Document Type : Original Article

Author
Salar Sadeghi
Assistant Professor of Criminal Law and Criminology, Law Department, Roshdiyeh Higher Education Institute, Tabriz, Iran.
10.48315/qgl.2025.494910.1168
Abstract
From a legal perspective, the State is only responsible for its administrative actions and has no responsibility for its sovereign actions. However, some States may under the pretext of exercising sovereignty through the three branches of State, infringe upon the rights of citizens and commit abuses of power. This can lead to insecurity and injustice, resulting in State crimes. Therefore, the accountability of these branches in ensuring the rights of citizens is essential. Accordingly, this article seeks to examine the feasibility of criminal liability for the state arising from the sovereign actions of governmental bodies and the attribution of criminal acts to them. Given that State sovereignty can sometimes lead to corrupt outcomes, it is necessary for international and domestic lawmakers to foresee criminal liability for official State entities under the certain conditions and to establish criminal sanctions against them. This would ensure that justice is served in cases involving criminal States.
Keywords
State Crime
Criminal Liability
Immunity
Sovereign Actions
Three Branches of Government