The Oxford Handbook of International Criminal Law


Book Description

In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.




Crimes of Power & States of Impunity


Book Description

Since 9/11, a new configuration of power situated at the core of the executive branch of the U.S. government has taken hold. In Crimes of Power & States of Impunity, Michael Welch takes a close look at the key historical, political, and economic forces shaping the country's response to terror. Welch continues the work he began in Scapegoats of September 11th and argues that current U.S. policies, many enacted after the attacks, undermine basic human rights and violate domestic and international law. He recounts these offenses and analyzes the system that sanctions them, offering fresh insight into the complex relationship between power and state crime. Welch critically examines the unlawful enemy combatant designation, Guantanamo Bay, recent torture cases, and collateral damage relating to the war in Iraq. This book transcends important legal arguments as Welch strives for a broader sociological interpretation of what transpired early this century, analyzing the abuses of power that jeopardize our safety and security.




The Crime of Impunity. the Crime of Punishment


Book Description

A comparison of the moral standing of the elite versus that of the street criminal to the great disadvantage of the elite.




Anti-Impunity and the Human Rights Agenda


Book Description

This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.




State-Corporate Crime and the Commodification of Victimhood


Book Description

This book highlights the continuing impunity enjoyed by corporations for large scale crimes, and in particular the crime of toxic waste dumping in Ivory Coast in 2006. It provides an account of the crime, and outlines contributory reasons for the impunity both under the law and from a criminological point of view. Furthermore, the book reveals the retrogressive role of civil society organisations (CSOs) in Ivory coast, contrary to the societal expectations made of 'non-governmental' organisations (NGOs) and CSOs. This book reveals that in the case of this particular example of state-corporate crime, civil society as an agency of censure and sanction actually played a distinctly retrogressive role. Here, in fact, state and state-corporate crime facilitates corruption within the civil society sphere through a process referred to in the book as the ‘commodification of victimhood’ and, as a result, ensures that impunity is virtually guaranteed for the corporation and the Ivorian government. This book also examines the failure of international and domestic legal measures to sanction the perpetrators alongside civil society’s shortcomings and ultimately advocates a more cautionary approach to civil society’s potential to label, censure and sanction large-scale state-corporate crime. This book will help readers understand the difficulties in sanctioning such crime as well as promoting the theoretical framework of state crime, the understanding of which could lead to the alleviation of human suffering at the hands of criminal states and corporations.




Impunity


Book Description




Framing Impunity in the Context of State Crime


Book Description

This book introduces a new conceptual framework for impunity within state crime theory and uses Turkish state criminality against Kurds between 1990 and 2000 as a case study. It develops an understanding of impunity that goes beyond viewing the state solely as an actor, facilitator, or denier of crime. It argues for an expanded definition of state crime to encompass criminal acts and processes undertaken by states, including impunity. Building on field research, case analysis, and interviews, this book digs deep into the mechanics of impunity and ways in which the Turkish state has evaded punishment for its criminal acts. In doing so, Framing Impunity in the Context of State Crime uncovers a close connection between the crimes of the government and the impunity which allowed those crimes to flourish. It demonstrates that state violence and impunity are endemic in the structural design of the Turkish state and serve to further both the state goals of ethnic and religious assimilation and the subsequent persecution of those who refused to be assimilated into the new state construction. The book uses Stanley Cohen’s work on states of denial techniques to examine how states justify their illegal acts in order to deny and/or to evade responsibility for their crimes. Cohen’s work on denial at the organisational level is central to the question of impunity because, as a form of state crime, impunity involves various state institutions or actors representing the very state machinery deployed to conceal and deny state criminality. An accessible and compelling read, this book will appeal to law students, scholars, researchers, NGOs, and civil society organisations. It will have broader applicability beyond the case study of Turkey and will be valuable to academics and policymakers worldwide who focus on the intersection of state crime and impunity.




A History of Infamy


Book Description

A History of Infamy explores the broken nexus between crime, justice, and truth in mid-twentieth-century Mexico. Faced with the violence and impunity that defined politics, policing, and the judicial system in post-revolutionary times, Mexicans sought truth and justice outside state institutions. During this period, criminal news and crime fiction flourished. Civil society’s search for truth and justice led, paradoxically, to the normalization of extrajudicial violence and neglect of the rights of victims. As Pablo Piccato demonstrates, ordinary people in Mexico have made crime and punishment central concerns of the public sphere during the last century, and in doing so have shaped crime and violence in our times.




Impunity


Book Description

From the Foreword by General H.R. McMaster: Strategies that weaken illicit power structures and strengthen legitimate state authority are vital to national and international security. As Dr. Henry Kissinger observed, we may be "facing a period in which forces beyond the restraints of any order determine the future." Because threats to security emanate from disorder in areas where governance and rule of law are weak, defeating terrorist, insurgent, and criminal organizations requires integrated efforts not only to attack enemy organizations, but also to strengthen institutions essential to sustainable security. Successful outcomes in armed conflict require confronting illicit networks. A failure to do so effectively frustrated efforts to consolidate gains in Afghanistan and Iraq, and after more than a decade of war and development, the international community and the governments of those countries, continue to contend with the violence and instability that are the result. In Afghanistan, corruption and organized crime networks perpetuate state weakness and undermine the state's ability to cope with the regenerative capacity of the Taliban. The failure to counter militias and Iranian proxies that infiltrated the government and security forces in Iraq led to a return of large scale communal violence and set conditions (along with the Syrian Civil War) for the rise of a terrorist proto-state and a humanitarian catastrophe that has adversely impacted the entire Middle East. These and other cases illustrate how governments and international actors struggle to establish security and rule of law, and reveal incomplete plans and fragmented efforts that fail to address the causes of violence and state weakness. While challenging, success in confronting illicit power structures is not impossible. While still works in progress, successful efforts, such as those in Colombia and Sierra Leone, are the result of integrated diplomatic, military, economic, development, informational, intelligence, and law enforcement efforts directed toward well-defined political outcomes. The case studies and analyses in this volume make clear that understanding the dynamics associated with illicit power and state weakness is essential to preventing or resolving armed conflict. These case studies also point out that confronting illicit power requires coping with political and human dynamics in complex, uncertain environments. People fight today for the same fundamental reasons the Greek historian Thucydides identified nearly 2,500 years ago: fear, honor and interests. They further remind us that that illicit power structures often depend on the perpetuation of violence and the conflict economy. Crafting effective strategies to address the challenge of weak states must begin with an understanding of the factors that drive violence, weaken state authority, and strengthen illicit actors and power structures. Terrorist, insurgent, and criminal networks exploit fear and anger over injustice, portraying themselves as patrons or protectors of a community in competition with others for power, resources, or survival. Thus military and law enforcement capabilities provide only one component of what must be comprehensive, civilian and military approach to confronting illicit power.




Broken System


Book Description

The deteriorating state of the Indian police -- Human rights viloations by the police -- Obstacles to police accountability -- Detailed recommendations.