Intentional participation in the state

Abstract

According to Avia Pasternak, citizens can be held responsible for their state’s wrongdoing if and only if they contribute to maintaining it by acting as intentional participants in its activities. I examine two specific aspects of this general claim. First, I ask whether intentional participation requires that the citizen should accept the state, in the sense of not viewing her membership as unwillingly forced upon her, and conclude that it does not. Second I explore how the claim applies in the case where there has been a discontinuity in the form of the state. I argue that it is not a condition of collective liability today that the predecessor state’s subjects should have been intentional participants at the time at which the wrongdoing occurred.