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.




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.




Evil, Law and the State


Book Description

Introduction -- John T. PARRY: Pain, Interrogation, and the Body: State Violence and the Law of Torture -- Fernando PURCELL: "Too Many Foreigners for My Taste": Law, Race and Ethnicity in California, 1848-1852 -- Shani D'CRUZE: Protection, Harm and Social Evil: The Age of Consent, c. 1885-c. 1940 -- Ruth A. MILLER: Sin, Scandal, and Disaster: Politics and Crime in Contemporary Turkey -- İştar GÖZAYD1N: Adding Injury To Injury: The Case of Rape and Prostitution in Turkey -- Dani FILC and Hadas ZIV: Exception as the Norm and the Fiction of Sovereignty: The Lack of the Right to Health Care in the Occupied Territories -- Alban BURKE: Mental Health Care During Apartheid in South Africa: An Illustration of How "Science" Can be Abused -- Rui ZHU: Schistosomiasis and Capital Marxism -- Elena A. BAYLIS: The Inevitable Impunity of Suicide Terrorists -- Douglas J. SYLVESTER: The Lessons of Nuremberg and the Trial of Saddam Hussein -- Kirsten AINLEY: Responsibility for Atrocity: Individual Criminal Agency and the International Criminal Court -- Roberto BUONAMANO: Humanity and Inhumanity: State Power and the Force of Law in the Prescription of Juridical Norms -- Vincent LUIZZI: New Balance, Evil, and the Scales of Justice -- Jody LYNEÉ MADEIRA: The Execution as Sacrifice -- Bram IEVEN: Legitimacy and Violence: On the Relation between Law and Justice According to Rawls and Derrida -- Notes on Contributors.




State-corporate Crime and Civil Society


Book Description

This thesis exammes the specific cnmmogemc relationship between the state and corporation, and the state and civil society in the case of Trafigura' s dumping of toxic waste in Abidjan, Ivory Coast in August 2006. Research undertaken in London and Abidjan reveals that the impunity that was enjoyed by the Ivory Coast state and Trafigura for this state-corporate crime was underpinned by the power of the corporation and by failures of both domestic and international civil society organisations that might have been expected to have labelled and challenged the crimes. Moreover, the thesis reveals that in the case of this particular example of state-corporate crime, civil society as an agency of censure and sanction played a distinctly retrogressive role. Here, in fact, state crime facilitated organised crime's insertion into civil society through a process I define as 'the commodification ofvictimhood' and, as a result, ensured that impunity was virtually guaranteed for corporation and government. The thesis also examines the failure of international and domestic legal measures to sanction the perpetrators. The thesis argues that a criminal state can act as a nexus for crimes by all three sectors of society, facilitating crime by actors in the state, the market and third spheres of society. Gramsci's notion of civil society as an arena of struggle provides a theoretical framework to assist in understanding the complex relationships between civil society, the Ivorian state and Trafigura. The findings presented here suggest that scholars of state corporate crime should adopt a more cautionary approach to civil society's capacity to label, censure and sanction than that suggested by Green and Ward (2004).




Impunity


Book Description

With a foreword by Lt. General H.R. McMaster, the newly appointed National Security Advisor, this unique work deals with the current need to confront illicit power in war and transition. Contents include: Chapter 1 * Criminal Patronage Networks and the Struggle to Rebuild the Afghan State * Chapter 2 * Jaish al-Mahdi in Iraq * Chapter 3 * Haiti: The Gangs of Cite Soleil * Chapter 4 * Liberia: Durable Illicit Power Structures * Chapter 5 * Traffickers and Truckers: Illicit Afghan and Pakistani Power Structures with a Shadowy but Influential Role * Chapter 6 * Colombia and the FARC: From Military Victory to Ambivalent Political Reintegration? * Chapter 7 * The Philippines: The Moro Islamic Liberation Front - A Pragmatic Power Structure? * Chapter 8 * Sierra Leone: The Revolutionary United Front * Chapter 9 * Sri Lanka: State Response to the Liberation Tigers of Tamil Eelam as an Illicit Power Structure * Part 2: Confronting Illicit Power - Understanding Enablers, Ours and Theirs * Chapter 10 * It Takes a Thief to Catch a Thief: Illicit Power and the Intelligence Challenge * Chapter 11 * Weapons Trafficking and the Odessa Network: How One Small Think Tank was Able to Unpack One Very Big Problem, and the Lessons It Teaches Us * Chapter 12 * Financial Tools and Sanctions: Following the Money and the Joumaa Web * Chapter 13 * Recruitment and Radicalization: The Role of Social Media and New Technology * Part 3: Licit Transitions - Building Institutions and Strengthening Capacity for Success * Chapter 14 * Make It Matter: Ten Rules for Institutional Development that Works * Chapter 15 * The Hitchhiker's Guide to Intelligence-Led Policing * Chapter 16 * Security Sector Reconstruction in Post-Conflict: The Lessons from Timor-Leste * Chapter 17 * A Granular Approach to Combating Corruption and Illicit Power Structures. Among the most insidious challenges to the contemporary state is the corrosive capture and use of illicit power, which both weakens the state and creates among populations the perception of inefficacy, incompetence, and, ultimately, illegitimacy. Part 1 of this book presents case studies of illicit power, and the domestic and international responses to it, in a range of states. These nine country case studies cumulatively alert analysts and practitioners to the gravity of the challenge posed by illicit power. Following these, the four chapters in Part 2 describe fundamental characteristics of illicit power structures, and the elements of the operational environment that enable illicit power to succeed, as well as those that enable the international community to counter it. The outcome of the struggle between illicit power and legitimate, accountable governance in any state hinges on the competition between them over these enablers. Part 3 gives four approaches to mitigating illicit power, which the international community must become adept at using and flexibly adapting to the specific conditions faced in particular environments. Part 4, the book's concluding section, offers insights that help clarify both the nature and the gravity of the challenge that is illicit power, as well as the most effective approaches to mitigating it.




Perpetual Fear


Book Description

Methodology -- I. Background -- A History of Impunity -- Impunity in the Context of Elections -- II. Impunity and International Law -- III. Impunity through Amnesties and Clemency -- IV. Failure to Investigate and Prosecute Serious Political Crimes -- V. Failure to Investigate Torture by State Agents -- VI. Response of the Power-Sharing Government -- Recommendations -- To the Government of National Unity -- To the Member States of the Southern African Development Community -- To the European Union and the United States.




Globalization of Criminal Justice


Book Description

Genocide, crimes against humanity, war crimes, ethnic cleansing are terms which in recent years have entered common usage. The worst cases of these crimes seen in the Yugoslav secession conflict and the Rwandan slaughter resulted in attempts by the international legal community to initiate an international mechanism for establishing criminal accountability. In 1998, after many States signed the Rome Statute, it was expected that justice would prevail over state power and impunity be eliminated. However there is a serious question mark over the effectiveness of this process. That is the starting point for this collection. It is not an acclamatory collection that is meant to celebrate the undoubted advances of international criminal justice. The articles in the first part show the importance of comparative criminal law research to the development of international criminal justice, and in the second part they deal with the foundations, substantive and procedural aspects of international criminal law.




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.




Corrections


Book Description

Corrections: A Critical Approach, 3rd edition confronts mass imprisonment in the United States, a nation boasting the highest incarceration rate in the world. This statistic is all the more troubling considering that its correctional population is overrepresented by the poor, African-Americans, and Latinos. Not only throwing crucial light on matters involving race and social class, this book also identifies and examines the key social forces shaping penal practice in the US - politics, economics, morality, and technology. By attending closely to historical and theoretical development, the narrative takes into account both instrumental (goal-oriented) and expressive (cultural) explanations to sharpen our understanding of punishment and the growing reliance on incarceration. Covering five main areas of inquiry - penal context, penal populations, penal violence, penal process, and penal state - this book is essential reading for both undergraduate and graduate students interested in undertaking a critical analysis of penology.




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.