Държавата като субект на международно престъпление и на международна отговорност
The State as a Subject of International Offence and of International Responsibility

Summary/Abstract: The State may be a subject of international infringement of law, including of an international offence, through an authorized physical person acting on its behalf. Due to this peculiarity in the doctrine, it may reasonably be assumedthat they are simultaneously subjects of identical internationaloffence. In this case, the individual acts on behalf of and at the expense of the State. Therefore, when the State conducts a policy if Aggression, Genocide or Apartheid, it becomes a subject of international offence though the individual. Thecriminal intent of the State is expressed and manifestedthrough the acts of the physical persons who represent it, who act as its authorities or are public officials and act on its behalf and at its expense. At the same time, as physical persons or separate individuals, they are independent and sole subjects of the international offences committed by them. The State cannot be a subject of an offence of international nature because this offence has only one possible subject – the physical person. Its behavior could be classified as an international infringement of law. The State is a subject of international responsibility but not of international criminal responsibility. In cases where it is claimed that the State committed a real international offence it should be understood that the offence was in fact committed by an individual or individuals in complicity. In those cases, the separate physical persons, in their capacity of constituting, establishing authorities of the State, commit a real international offence and will have personal criminal responsibility and the State itself - an international one which will be only moral, political or material, but not criminal responsibility.

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