Last Updated on March 2, 2025 by Karl Thompson
- State crimes are offenses committed by governments or state agencies.
- They include genocide, war crimes, corruption, censorship, and discrimination.
- State crimes violate human rights and international laws.
- The ICC and international law aim to prosecute these crimes, but enforcement is limited.
What is State Crime?
State crime is a critical concept in the field of crime and deviance in sociology. It involves illegal or deviant activities done by governments or state agencies. These activities are often in pursuit of national interests or policies. Unlike individual crimes prosecuted under domestic law, state crimes involve violations of international law. This makes them complex and difficult to regulate.
Defining State Crime
Sociologists Green and Ward (2005) define state crime as:
“Illegal or deviant activities perpetrated by the state, or with the complicity of state agencies.”
In simpler terms, state crimes occur when a government or its representatives commit offenses that harm individuals, groups, or entire nations. These crimes are typically committed to maintain power, suppress opposition, or advance political and economic goals.
Key term: The State
The State is what the government runs. One analogy is that governments are like the crew, while the state is like the ship.
Types of State Crime
According to Eugene McLaughlin (2001), state crimes can be categorized into four broad types:
- Crimes by Security and Police Forces
- Genocide – The mass extermination of a group based on ethnicity or nationality.
- Torture – The infliction of severe pain or suffering for political control or punishment.
- War Crimes – Violations of the laws of war, including killing civilians, sexual violence, or targeting non-combatants.
- Political Crimes
- Corruption – Unlawful conduct by political officials, such as election rigging or bribery.
- Censorship – Suppressing free speech and access to information.
- Assassination – The targeted killing of individuals to maintain political control.
- Economic Crimes
- Bribery – Governments accepting money or favors in exchange for political decisions.
- State-sponsored financial fraud – The misuse of public funds for political gain.
- Social and Cultural Crimes
- Discrimination – Unfair treatment of individuals or groups based on ethnicity, gender, or class.
- Institutional Racism – Discriminatory policies embedded within state institutions.
Core International Crimes
Some state crimes are so severe that they fall under core international crimes, as defined by international human rights law. These include:
- Genocide – As seen in Cambodia (1970s) and Rwanda (1990s).
- Crimes Against Humanity – Systematic oppression, such as apartheid.
- War Crimes – Violations of humanitarian laws during conflicts.
State Crime and Human Rights
:The emergence of the United Nations after the second world war has made it easier to hold states accountable. The United Nations developed the Universal Declaration of Human Rights.
The Universal Declaration of Human Rights (UDHR) established fundamental rights that states must uphold, such as
- Article 4 – No one shall be held in slavery.
- Article 5 – No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
- Article 20 – Everyone has the right to freedom of peaceful assembly and association.
State crimes often involve violations of these rights. Sociologist Herman Schwendinger (1970) argues that any state that denies its people these basic rights is committing state crime.
Who Holds States Accountable?
Since states control legal systems, prosecuting state crime is challenging. However, institutions exist to hold leaders accountable. The International Criminal Court (ICC) aims to address genocide, war crimes, and crimes against humanity. Yet, the ICC has limited power, and powerful states often avoid prosecution.
Challenges in Prosecuting State Crime
- State Power and Secrecy – Governments control information, making crimes difficult to prove.
- Denial and Justification – States often justify crimes as national security measures.
- Weak Enforcement of International Law – Some countries do not recognize the authority of international courts.
Who Commits State Crimes?
Politicians, military officials, police, intelligence agencies, and public sector workers can commit state crimes. They act on behalf of the state. However, for an action to be considered a state crime, two key factors must be present:
- The individual must be acting as a state agent.
- The crime must be in pursuit of state policy or interest.
Victims of State Crime
State crimes affect diverse groups, including:
- Civilians affected by war crimes and state violence.
- Marginalized groups suffering from systemic discrimination.
- Immigrants and refugees denied legal protections.
- Countries targeted by economic exploitation or military intervention.
The Scale of State Crime/ Human Right’s Abuses
Nation States maintain power and control over large territories and populations. This means they have the potential to engage in large-scale crimes. These crimes can victimize extremely large numbers of people. For example, the Cambodian Genocide in the 1970s is estimated to have wiped out 25% of the population.
Kauzlarich, Matthews, and Miller (2001) highlight that state crimes often victimize entire populations, making accountability difficult.
Examples of State Crime
State crimes include some of the WORST crimes in human history. They cause harm to individuals and societies. This harm is severe both in terms of the NUMBER of people affected and the suffering inflicted on those individuals.
Below I offer some further examples of some of the crimes committed by States in the first two categories above. This isn’t to say categories three and four aren’t worth studying. Still, there’s only so much time we can spend on this in an A-level course!
Crimes of Security – Genocide
Genocide refers to any act committed with the intent to destroy a national, ethnic, racial, or religious group. This destruction can be in whole or in part. Examples include killing members of the group and causing serious bodily or mental harm. Another example is deliberately inflicting on the group conditions of life calculated to bring about its physical destruction. It also includes imposing measures intended to prevent births within the group. Another measure is forcibly transferring children of the group to another group. (Source – teaching genocide –).
Three of the best known genocides include The Holocaust, The Cambodian Genocide and The Rwandan Genocide.
The Holocaust
The Holocaust was a genocide in which Adolf Hitler’s Nazi Germany and its collaborators killed about six million Jews. From 1941 to 1945, Jews were systematically murdered in one of the deadliest genocides in history. Every arm of Germany’s bureaucracy was involved in the logistics and the carrying out of the genocide.
Other victims of Nazi crimes included Romanis, ethnic Poles, and other Slavs. Soviet POWs, communists, and homosexuals were also targeted. Jehovah’s Witnesses and the mentally and physically disabled were victims too. About 42,500 facilities in Germany and German-occupied territories formed a network. These were used to concentrate victims for slave labour, mass murder, and other human rights abuses. Over 200,000 people are estimated to have been Holocaust perpetrators.
Pol Pot’s Genocide in Cambodia
In Cambodia, the Khmer Rouge (KR) regime led by Pol Pot conducted a genocide between 1975 and 1979. During this period, an estimated one and a half to three million people died. The KR had a plan. They wanted to create a form of agrarian socialism. This was founded on the ideals of Stalinism and Maoism. The KR policies caused forced relocation of the population from urban centres. They included torture, mass executions, and use of forced labour. Malnutrition and disease also contributed. These actions led to the deaths of an estimated 25 percent of the total population (around 2 million people).
The Rwanda Genocide
The Rwandan Genocide was a mass slaughter. It targeted Tutsi and moderate Hutu in Rwanda. This atrocity was committed by members of the Hutu majority. During the approximate 100-day period from April 7 to mid-July 1994, an estimated 500,000–1,000,000 Rwandans were killed. This constituted as much as 70% of the Tutsi. It also accounted for 20% of Rwanda’s total population. The genocide was planned by members of the core political elite. This group was known as the Akazu. Many of them occupied positions at the top levels of the national government. Perpetrators came from the ranks of the Rwandan army, the National Police, government-backed militias and the Hutu civilian population.
Political Crimes – Corruption
Political corruption can take various forms. The most common examples include politicians siphoning public money to their private bank accounts. They may also unfairly grant government contracts in return for bribes. Electoral fraud, like vote rigging, is another example.
According to the Corruption Index by Transparency International, there seems to be a correlation. Corruption, war and conflict, and poverty appear interconnected. Somalia, North Korea, Sudan, Afghanistan, and Iraq are at the bottom of the Corruption Index. The usual suspects, the Scandinavian countries plus Canada, are the least corrupt.
Here’s an example of how blatant corruption can be. Take the case of Teodoro Mbasogo, the leader of Equatorial Guinea. It is one of the world’s poorest countries. Paradoxically, he is also one of the world’s wealthiest heads of state, with an estimated net worth of $600 million. For perspective, Barack Obama has a net worth of about $11.8 million.
Equatorial Guinea has some of Africa’s largest oil reserves. Despite this wealth, it has one of the most underdeveloped infrastructures. It also has one of the poorest populations in the world. So where does the money go?
The answer, at least from the outside, seems to be directly from the corporate accounts of Exxon Mobil. Money flows from other oil companies straight into the pockets of Obiang and his family. In 2003, Obiang announced a plan to combat corruption in public service jobs. He stated he would take full control of the national treasury. He then withdrew half a billion dollars. That’s billion with a B. He took state money from the national treasury. Then, he deposited it into accounts in his own name at Riggs Bank. This bank is based in Washington D.C., effectively siphoning off all of the state’s money into his own pocket.
He has been implicated in various activities. In addition to draining the country’s accounts, there are human rights abuses, electoral fraud, and nepotism. He is also accused of using security contractors to maintain control over the country.
Corruption isn’t confined to less developed countries. In 2009, the MP’s expenses scandal erupted in the UK. Numerous members of parliament and members of the house of Lords were found to be claiming expenses dishonestly. This led to 8 successful criminal prosecutions. Many more resignations followed. However, most of the MPs got away with very minor punishments. For example, Derek Conway MP only received a 10-day suspension. He paid his son, Freddie, thousands of pounds. Freddie was apparently doing nothing.
Sources and Signposting
McLaughlin, Eugene (2001) Political violence, terrorism and states of fear. In, Muncie, John and McLaughlin, Eugene (eds.) The Problem of Crime. Second Edition. London, GB. SAGE Publications. (LINK but no details!)
“State Crime, Government, Violence and Corruption” by Penny Green and Tony Ward (London: Pluto Press: 2005)
Learn more about human rights.
This material is a core part of the Crime and Deviance module within A-level Sociology.
Good work