A Genealogy of State Crime in International Law: Contrasting Criminological Perspectives

Notes

1. “Only recently have criminologist studied state crime. Yet, state crime has been approached in a number of ways by a number of disciplines (i.e., criminology, history, political science, sociology).” (Rothe 2009: 1).

2. Question inspired by Feinberg (1990: 7).

3. Searle (1969, 1995), distinguishing between brute facts and institutional facts, assesses that the latter can exist only within human institutions (such as money or sentences), while brute facts exist quite independently of any institution capable of formulating constitutive rules of the form X counts as Y in C (Searle 2005: 11).

4. With this purpose, the ILC conformed a subcommittee on the matter. This organ submitted its 1963 and 1964 reports on the issue of state responsibility (UN ILC 1964: 126).