Beyond the Juristic Orientation of International Criminal Justice: The Relevance of Criminological Insight to International Criminal Law and its Control

This article draws attention to the relevance of criminological insight on issues of international criminal law and criminal justice. In particular, the ideology and theory of deterrence, legitimacy, and international criminal law are drawn from. After all, the deterrent effect has been touted as a solid empirical fact with the progression and development of \u27international criminal justice\u27, the international tribunals since the mid 1990s, and the International Criminal Court. Yet, the current rather blind belief in the deterrent impact of international criminal justice remains, regretfully, a bit premature. Additionally, beyond the concepts of deterrence and legitimacy, criminologists have much to contribute to international criminal justice. As noted, there are social, political, cultural, and geographical issues that play a role in not only crime commission, but in the hindrance of and/or facilitation of deterrence. Criminologists are well positioned to show how these connections may facilitate or hinder the broader goals of the legal community

The Death of State Sovereignty? An Empirical Exploration

As academics have become increasingly interested in globalization, scholars in many fields have turned their attention to theorizations of the state and state power. Admittedly, most criminologists have paid relatively attention to theories of the state, its function, role, or issues of sovereignty (save for Barak, 1991; Chambliss and Zatz, 1993; Friedrichs, 1992; Michalowski and Kramer, 1987; Mullins and Rothe, 2008; Rothe and Mullins, 2006, 2007, 2008). With the growing criminological interest in and focus on transnational crimes (Friedrichs, 2007), crimes of globalization (Friedrichs and Friedrichs, 2002; Rothe, Mullins, and Muzzatti, 2006; Rothe, Mullins and Sandstrom, 2008), and crime of the state (Kramer et. al., 2005; Michalowski and Kramer, 2006; Rothe and Mullins, 2008), there has been a corresponding shift in the view of the state: one in a ‘globalized’ framework. Many scholars have suggested that the state has been reduced to nothing more than a facilitator of global political, legal, and economic system. As criminologists of state crime, we find this position problematic for the conceptualization and study of governmental crime. We feel that proclaiming states and state sovereignty as eroding and/or dead is premature. In this paper we explore one area in which states seem to be voluntarily abdicating certain elements of sovereignty—the entering into of international treaties. Specifically, we examine how states protect their sovereignty through entering reservations to treaties being signed and ratified. Our findings suggest that despite greater attention in global consciousness amongst countries and economies, states intensely protect their right to self-determination while signing and ratifying treaties, compacts and other international agreements. After providing a detailed discussion of these findings, we conclude that state sovereignty is not eroding and is far from dead

Toward a Criminology of International Criminal Law: An Integrated Theory of International Criminal Violations

Violations of international criminal law (i.e., genocide, crimes against humanity, and war crimes) are a common occurrence around the globe. One need only to read international news, visit intra‐governmental (e.g., United Nations or the International Committee Red Cross), or nongovernmental organizations (e.g., Human Rights Watch or Amnesty International) to be exposed to the vast numbers of crimes of states, paramilitaries, and/or militias. Nonetheless, there has been relatively little attention paid to these types of offenses by criminologists. While there have been developments in creating typologies (Smeulers, 2008) and predictive models for genocide (Harf, 2005), due to the complexities and various forms of these types of crimes, there has been little to no development of a criminological theoretical model that can aid in the analysis of such crimes. Our goal is to firmly place international crimes on the criminological agenda by creating additional awareness of and interest in the most massive, systematic, and gruesome types of crime‐genocide, crimes against humanity, war crimes, and crimes of aggression‐and to introduce an integrated theory that can provide a frame for a systematic analysis and understanding of the etiological factors at play

How States Facilitate Small Arms Trafficking in Africa: A Theoretical and Juristic Interpretation

Small arms’ trafficking is complex and involves a host of actors. As numerous court documents, transcripts, United Nations and NGO reports have revealed, many state institutions play a prominent role in the facilitation of, complicity in, and implicit involvement in black and grey arms trafficking. We suggest that if we are to consider the vast number of actors involved in the trafficking of small arms, the issue of controls is highly problematic, given the extent of limited applicable international legal doctrines, such as joint criminal enterprise, criminal organization, or collective criminality. Furthermore, there are broader political issues that hinder efforts of control as highlighted by the state crime literature, including issues of enforcement, political will and states’ positions to hinder the advancement of levels of accountability for their own behaviors. Consequentially, our focus here is not to empirically test the etiological factors of states complicit or implicit involvement in arms trafficking, but instead to move the discussion forward to broader theoretical and juristic issues associated with efforts to control arms trafficking. If the goal is to reduce illegal arms trafficking (and subsequent numbers of civilian deaths) policies and controls must be based, not only on the immediate or apparent actors, the role of states in the facilitation of this type of crime

State Criminality: The Crime of All Crimes

State crimes are historically and contemporarily ubiquitous and result in more injury and death than traditional street crimes such as robbery, theft, and assault. Consider that genocide during the 20th century in Germany, Rwanda, Darfur, Albania, Turkey, Ukraine, Cambodia, Bosnia-Herzegovina, and other regions claimed the lives of tens of millions and rendered many more homeless, imprisoned, and psychologically and physically damaged. Despite the gravity of crimes committed by states and political leaders, until recently these harms have been understudied relative to conventional street crimes in the field of criminology. Over the past two decades, a growing number of criminologists have conducted rigorous research on state crime and have tried to disseminate it widely including attempts to develop courses that specifically address crimes of the state. Referencing a broad range of cases of state crime and international institutions of control, State Criminality provides a general framework and survey-style discussion of the field for teaching undergraduate and graduate students, and serves as a useful general reference point for scholars of state crime. [From Amazon.com]https://digitalcommons.odu.edu/sociology_criminaljustice_books/1023/thumbnail.jp

Crimes of the Powerful: An Introduction

Crimes of the Powerful: An introduction is the first textbook to bring together and show the symbiotic relationships between the related fields of state crime, white-collar crime, corporate crime, financial crime, organized crime, and environmental crime. Dawn L. Rothe and David Kauzlarich introduce the many types of crimes, methodological issues associated with research, theoretical relevance, and issues surrounding regulations and social controls for crimes of the powerful… [From Amazon.com]https://digitalcommons.odu.edu/sociology_criminaljustice_books/1018/thumbnail.jp

Mortuuspolitics: politicization of the dead, capitalism, and inequality

Capitalism has led to the appropriation of oppressed groups, their experiences and narratives. We believe this includes narratives and given value of the dead where there remains a continuation of inequalities of life unto death and being dead. Specifically, we suggest that the discrepancy of the value of the dead is the result of the links between power, politics, and hegemonic discourse embedded in neoliberalism that propagate and reify unequal power edifices that value some groups over others, in life and death, what we refer to as mortuuspolitics. The State, entrenched within the capitalistic neoliberal definition of value, also decides on the value or non-value of the dead

“Spock was wrong” – Global Student Views on Head-of-State and Regime Assassination as a Means of Avoiding Collateral Civilian Damage in Armed Conflicts

Investigates, as a follow-up to a previous pilot study, student attitudes to head-iof-stae or regime assassination as an alternative to civilian collateral damage in full-scale armed conflict. Universities involved were from the US, UK, Germany, China and Egypt