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.




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.




Crimes of the Powerful


Book Description




Invisible Atrocities


Book Description

This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.




Transnational Legal Ordering of Criminal Justice


Book Description

Hard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.




Criminology on Trump


Book Description

Criminology on Trump is a criminological investigation of the world’s most successful outlaw, Donald J. Trump. Over the course of five decades, Donald Trump has been accused of sexual assault, tax evasion, money laundering, non-payment of employees, and the defrauding of tenants, customers, contractors, investors, bankers, and charities. Yet, he has continued to amass wealth and power. In this book, criminologist and social historian Gregg Barak asks why and how? This book examines how the United States precariously maintains stability through conflict in which groups with competing interests and opposing visions struggle for power, negotiate rule breaking, and establish criminal justice. While primarily focused on Trump’s developing character over three quarters of a century, it is also an inquiry into the changing cultural character and social structure of American society. It explores the ways in which both crime and crime control are socially constructed in relation to a changing political economy. An accessible and compelling read, this book is essential for all those who seek a criminological understanding of Donald Trump’s rise to power.




National Trials of International Crimes in Bangladesh


Book Description

In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.




Crime and Punishment


Book Description

Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.




Undoing Impunity


Book Description

The Sexual Violence and Impunity in South Asia research project (coordinated by Zubaan and supported by the International Development Research Centre) brings together, for the first time in the region, a vast body of knowledge on this important - yet silenced - subject. Six country volumes (one each on Bangladesh, Nepal, Pakistan, Sri Lanka, and two on India, as well as two standalone volumes) comprising over fifty research papers and two book-length studies, detail the histories of sexual violence and look at the systemic, institutional, societal, individual and community structures that work together to perpetuate impunity for perpetrators. In this remarkable and wide-ranging study, activist and historian V. Geetha unpacks the meanings of impunity in relation to sexual violence in the context of South Asia. The State's misuse of its own laws against its citizens is only one aspect of the edifice of impunity; its less-understood resilience comes from its consistent denial of the recognition of suffering on the part of victims, and its refusal to allow them the dignity of pain, grief and loss. Time and again, in South Asia, the State has worked to mediate public memory, to manipulate forgetting, particularly in relation to its own acts of commission. It has done this by refusing to take responsibility, not only for its acts but also for the pain such acts have caused. It has denied suffering the eloquence, the words, the expression that it deserves and papered over the hurt of its people with routine government procedures. The author argues that the State and its citizens must work together to accord social recognition to the suffering of victims and survivors of sexual violence, and thereby join in what she calls 'a shared humanity'. While this may or may not produce legal victories, the acknowledgment that the suffering of our fellow citizens is our collective responsibility is an essential first step towards securing justice. It is this that in a fundamental sense challenges and illuminates the contours and details of State impunity, and positions impunity as not merely a legal or political conundrum, but as resolute refusal on the part of State personnel to be part of a shared humanity.




Anti-Impunity and the Human Rights Agenda


Book Description

In the twenty-first century, fighting impunity has become both the rallying cry and a metric of progress for human rights. The new emphasis on criminal prosecution represents a fundamental change in the positions and priorities of students and practitioners of human rights and transitional justice: it has become almost unquestionable common sense that criminal punishment is a legal, political, and pragmatic imperative for addressing human rights violations. This book challenges that common sense. It does so by documenting and critically analyzing the trend toward an anti-impunity norm in a variety of institutional and geographical contexts, with an eye toward the interaction between practices at the global and local levels. Together, the chapters demonstrate how this laser focus on anti-impunity has created blind spots in practice and in scholarship that result in a constricted response to human rights violations, a narrowed conception of justice, and an impoverished approach to peace.