Seeing War as Criminal: Peace Activist Views and Critical Criminology

A hallmark of critical criminology is its critique of the traditional definition of crime. For decades, critical scholars have proposed humanistic definitions of crime that bring state violence into the purview of academic criminology—although outside of critical criminology this is a matter of great contentiousness. This study investigates the views of those involved in peace activism, but not in any way associated with academic criminology, about the application of the term ‘crime’ to war, specifically the recent US war on Iraq. Given that there is no existing research on this subject, the article also examines how peace activists define crime generally and whether they believe those responsible for the war should be regarded as war criminals. Not surprisingly, semi‐structured interviews with 13 anti‐war activists reveal significant support for elements of critical criminological definitions of crime but an unexpected concern on the part of some that the application of the term ‘crime’ to war could be counterproductive in efforts to stop state violence. The rationales for this concern, as well as those for other issues addressed in the study, are largely presented in the interviewees’ own words.     

From Justus Hostis to Rogue State the Concept of the Enemy in International Legal Thinking

This article examines the changing image of war in international law and politics. In classical international law, the ideal typical image of war was a duel between equal states, represented as 'magni homines', This conception of war was based on a particular reading of the sovereign equality of states and a corresponding interpretation of the enemy in war. Due to the attempts to outlaw war and the growing enthusiasm for the use of force in the name of humanity, this image of war has changed significantly. In current international relations, the use of force is increasingly defined as enforcement or a preventive action against wrong-doers, risks to international peace and security or against 'rogues'. This article examines the changing conceptions of sovereignty and war as well as the changing image of the international community that underlie this changing conceptualisation of the enemy.     

End Impunity! Reducing Conflict‐Related Sexual Violence to a Problem of Law

Whilst sexual violence has been an offence associated both with war‐ and peacetime throughout history, its rise to the tables where international peace and security are negotiated, represents a significant shift. This article continues the scholarly conversation about conflict‐related sexual violence and its emergence as a “hot topic” on academic, political, and activist agendas. Specifically, we ask how and why criminal law constitutes the ultimately meaningful response to such violence. Building on frame analysis, we address how the fight against conflict‐related sexual violence has become the fight against impunity. We examine what imageries of victims and perpetrators, causes and consequences key actors within interstate diplomacy and human rights advocacy evoke to drive this development. We argue that these narratives shape the political discourse on conflict‐related sexual violence, which may in turn influence the perceived political maneuverability in the face of such harms.     

美英军事打击伊拉克的国际法分析

美英绕开联合国单方面对伊拉克实施军事打击,是对伊拉克主权、独立和领土完整的严重侵犯,是违背联合国宪章和国际法准则的行为。伊拉克战争不仅使伊拉克人民再次蒙受战争带来的损害,而且会给整个中东地区乃至世界和平带来许多不稳定的因素,从而将深刻地影响到今后的世界格局。     

Global Health Diplomacy as a Tool of Peace

There is no question that peace and health are inextricably linked. War affects human health through the direct violence of military arms and through the structural violence that leads to major interruptions of the socio-economic systems people use to address their health needs. Those disruptions are compounded by natural disasters and manifold vulnerabilities that force countries to divert economic resources from health services. Clearly war and violence are a public health concern. We argue here that not only can health be a bridge to peace, but as well, what the world is witnessing now is the emergence and growth of health diplomacy which can potentially become a robust medium for strengthening that nexus between health and peace.     

Rediscovering corruption’s other side: bribing for peace in post-conflict Kosovo and Chechnya

Conventional approaches towards the impact of corruption on post-conflict stabilization suggest that corrupt practices impede a successful war to peace transition. When transparency and accountability are absent, the risk of corruption threatens to turn the state apparatus into a tool of enrichment for those in power and affect the “exit” from violence/insurgency towards demobilization and reintegration. However, corruption may have redeeming values by serving the function of a power-sharing arrangement between antagonistic parties, thereby, reinforcing peace. Radical anti-corruption programs in post-conflicts situations may bring adverse results such as a renewal of violence. Aimed to fill the void in research on corruption in post-conflict situations, the article inquires about the links between corruption, peacebuilding and violent non-state actors. By combining various disciplinary approaches, the article theorizes the outcomes of corruption in post-conflict situations and discusses them in the context of Kosovo and Chechnya.     

Legislation and Maintenance of Public Order and Civil Life by Occupying Powers

Article 43 of the 1907 Hague Regulations is a key provisionof the law of belligerent occupation. This essay examines howit has been understood by states and scholars, how it was developedby the Fourth Geneva Convention of 1949 and whether and howit was respected by the US and the UK during their recent occupationof Iraq. Under Article 43, an occupying power must restore andmaintain public order and civil life, including public welfare,in an occupied territory. Local legislation and institutionsbased upon such legislation must be respected by an occupyingpower and by any local authorities acting under the global controlof the occupying power. This general prohibition to change thelocal legislation also applies to post-conflict reconstructionefforts, including constitutional reforms, and changes of economicand social policies. The author examines the exceptions to theprohibition and assesses whether the widespread legislativeactivities by the occupying powers in Iraq fall under theseexceptions. He then analyses the question of whether the lawof military occupation ceased to apply in Iraq on 30 June 2004.It is also suggested that Article 43 applies to some peace operationsand provides a useful framework even for those peace operationsto which it does not formally apply.     

战争与暴力:社会演进与马莱斯维奇的理论重构

当代犯罪学中少有专门以战争和有组织暴力为研究对象的著作,马莱斯维奇的理论研究让战争和有组织暴力研究重回犯罪学乃至社会科学的主流研究视阈.通过回溯被遗忘的19世纪末至20世纪初期传统社会科学的军事主义研究维度,独创性构建"经年累月的强制官僚化"和"离心式的意识形态化"相结合的研究范式,马莱斯维奇分析了现代性和有组织暴力的...     

Are the Popes Leaving Behind Just War and Embracing JustPeace?

Since the mid-nineteenth century a significant, though not yet complete, shift in both the politics and the teachings of popes regarding war and peace has occurred, in an increasingly pacifist direction. More specifically, the emphasis of the papal office has noticeably changed from endorsing violence and war toward embracing the essential coupling of peace and justice, holistic peacebuilding, and active nonviolence.

Moving beyond the tendency in academic literature to focus solely upon the Catholic Church’s teaching on just war, this essay demonstrates how the papacy went through a transformation in their attitudes to war and peace since the accession of Pius IX (r.1846–1878). Mapping developments from the mid-nineteenth century down to the time of this writing in March 2018, this essay demonstrates that while the contemporary popes have left intact certain aspects of the teaching of just war, they nonetheless lend a large measure of support to JustPeace outcomes, defined by the authors as combining peace and social justice in a mutually enhancing and creative tension.     

Fragmented power and state-corporate killings: a critique of blackwater in Iraq

Especially given the invasion of Iraq, a growing number of criminologists have been attending to the transformation of state power and security within a neo-liberal political context. Although the capacity and influence of the state is not disappearing altogether there is a discernible erosion of authority within the sovereign state. In the realm of policing, we witness continued fragmentation of authority in which state power is relinquished to expanding commercial markets. The de-coupling of policing and government raises serious questions about the changing architecture of liberal democratic societies, prompting concerns over the waning monopoly of legitimate coercion. The project here explores the controversy over the use of private military firms in occupied Iraq, particularly the recent killings of civilians by Blackwater personnel. While offering specific details of those incidents, the analysis elaborates on state–corporate crime by revealing how state power is dispersed to the private sector; by doing so, the article examines how private military personnel evade prosecution for war crimes and other human rights abuses.     

Dreams and Nightmares of Liberal International Law: Capitalist Accumulation,Natural Rights and State Hegemony

This article develops a line of theorising the relationship between peace, war and commerce and does so via conceptualising global juridical relations as a site of contestation over questions of economic and social justice. By sketching aspects of a historical interaction between capitalist accumulation, natural rights and state hegemony, the article offers a critical account of the limits of liberal international law, and attempts to recover some ground for thinking about the emancipatory potential of international law more generally.     

Constitutional Violence

The eighteenth-century is usually looked to as the theoretical source for modern concepts of constitutionality, those political and legal forms that limit conflict. And yet the eighteenth century was also a period of almost constant war, within Europe and in the new global spaces of colonial rule. Though it is well known that new concepts of international law emerged in this period, surprisingly few commentators have established what connections there are between the violence of war and the elaboration of new ideas about constitutional limit. I will show that war played a crucial role in the Enlightenment invention of a modern existential concept of the political, where the violence of constitution was understood to be foundational.     

Violence in Fascist Criminal Law Discourse: War, Repression and Anti-Democracy

This article constructs a critical historical, political and theoretical analysis of the essence of Fascist criminal law discourse in terms of the violence that shaped and characterised it. The article examines the significance of violence in key declarations about the role and purpose of criminal law by Alfredo Rocco, Fascist Minister of Justice and leading ideologue, in his principal speech on the final draft of the 1930 Italian Penal Code. It is grounded on the premise that criminal law is particularly significant for understanding the relationship between State power and individuals, and so what was distinctive about Fascist thinking in this regard. The article analyses Rocco’s declarations as a discourse in order to highlight their contextual foundations, construction and ideological connections. It argues that the core theme of that discourse is violence, which has three principal dimensions: a close historical and rhetorical connection with war, a focus on repressive and intimidatory force, and a paramount concern with subordinating individuals to State interests. The article then uses this analysis to develop a theoretical reading of the nexus between criminal law and violence in Fascism, in terms of its foundations and reversal of ends and means. The article thus provides an original perspective on Fascism and criminal law, which it argues is important for critical engagement with criminal law discourse in our democracies today.     

Comments on Illegal War and Illegal Conduct: Are the Two Related?

This article examines whether there is a link between the legality or otherwise of an armed conflict under jus ad bellum and the subsequent conduct of the campaign under jus in bello. This is done by comparing two conflicts where the legality was not in serious dispute, the Falklands/Malvinas conflict and the Iraq War 1990–1991, and three where the legality has been questioned, Kosovo 1999, the ‘global war on terror’ and the Iraq War 2003. In looking for a common link, the author is drawn away from concerns over the jus ad bellum to doubts over the content of the relevant law governing the conduct of hostilities. Uncertainties in the law have occurred both from the extension to non-international armed conflict of ‘Hague law’, traditionally applicable only in international armed conflicts, and the overlap between human rights law and the law of armed conflict. The author concludes that there is a danger that the balance between military necessity and humanity may be disturbed so that the law will become impracticable in the cauldron of conflict to the detriment of all, soldier and civilian alike.

     

Women’s Acceptance of Spousal Abuse in Iraq: Prevalence Rates and the Role of Female Empowerment Characteristics

This study examines the acceptance of spousal abuse among women living in Iraq and tests whether attitudes condoning abuse are associated with low female empowerment. Of 15,875 married women surveyed, 63?% agreed that a husband is justified in beating his wife. Women lacking education were 2.3 times more likely to justify this violence than those with secondary education. Women outside the labor force were 1.4 times more likely than working women to condone this abuse. Attitudes on spousal violence varied by region and rural/urban status. Female empowerment efforts may help combat spousal violence and change social norms condoning this behavior.     

Connecting Health and Peacebuilding in Theory and Practice

Peace and health have long been connected through significant social structures such as violent conflict and social/economic inequalities and oppression. Peace and health have also been connected through research and action as war and interpersonal violence are recognized as threats to public health and individual welfare. In 1986, the Ottawa Charter for Health Promotion laid out the dependence of health on the presence of “peace, shelter, education, food, income, a stable eco-system, sustainable resources, social justice, and equity.”

Scholars of peace building and community health (including “peace through health”) share an interest in the marriage between theoretical and applied aspects of the discipline, but we lack interdisciplinary thinking through collaborative projects and the development of transdisciplinary theoretical and methodological insights. The opportunity for interprofessional and intellectual exchange can benefit scholars and practitioners focused on each topic. The following outlines the similarities and differences in the fields and identifies where opportunities for symbiosis and support exist.     

Violence and legalized brothel prostitution in Nevada: examining safety, risk, and prostitution policy

This article examines violence in legalized brothels in Nevada. Debates over prostitution policies in the United States have long focused on questions of safety and risk. These discourses inevitably invoke the coupling of violence and prostitution, though systematic examinations of the relationship between the two are sparse. This article explores the issue of violence in the Nevada brothel industry. By drawing on interviews with prostitutes, managers, and policy makers, this article examines both prostitutes' perceptions of safety and risk and brothel managers' practices designed to mitigate violence. Discourses relate to three types of violence: interpersonal violence against prostitutes, violence against community order, and sexually transmitted diseases as violence. The authors conclude by arguing that the legalization of prostitution brings a level of public scrutiny, official regulation, and bureaucratization to brothels that decreases the risk of these 3 types of systematic violence.     

An Anthropological Contribution to Peace and Conflict Resolution Studies

This article takes its stance in the fruitful perspectives with which anthropology may contribute to peace and conflict resolution studies, a field seemingly dominated by political science. Not only the relativity of ‘peace’ and ‘war’ is at stake when anthropologists intervene with their epistemologies applied to human interaction in violent contexts. Challenging the methodology of registering such interaction and asking for gender perspectives are pivotal parts of the anthropological endeavour within peace studies. Trying to emphasize the opposite of ‘normal’—which is concentrating on war—anthropologists have a longstanding tradition of focusing on peaceful societies as well as documenting the resocialization of peoples suffering from atrocities.     

Prosecuting Violence, Performing Sovereignty: The Trial of Dusko Tadic

This article is a critical reading of the contemporary international legal regulation of warfare and an analysis of war crimes trials as ``sovereignty-producing practices'. Whereas proponents of international law optimistically presume that the advent of war crimes tribunals signifies a humanitarian-inspired erosion of sovereignty in the international system, this article shows that legislating violence in war exemplifies an international commitment to structures which normalize war and violence while individualizing, dehistoricizing and depoliticizing criminal acts. This analysis focuses on the first trial of the International Criminal Tribunal for the Former Yugoslavia which convicted Dusko Tadic of war crimes and crimes against humanity.     

Iraq and the case for Australian war crimes trials

This article presents the case for Australian war crimes trials, following Australian participation in the invasion of Iraq and the subsequent deaths of as many as a million Iraqi civilians. It focuses on jus in bello (war crimes) rather than jus ad bellum (just war). The article sets out the argument and rationale that Australian war crimes trials are needed. Having established the necessity, the article identifies two of the principal alleged atrocities for which Australian officials should be held criminally accountable. It details Australian military support for the use of cluster bombs against civilians during the 2003 invasion, and senior Australian military commanders’ responsibility for planning and carrying out multiple purported war crimes during the attack on Fallujah in late 2004. The article recognises that, in order for Australian officials to be prosecuted under the International Criminal Court (ICC), all domestic remedies must be first exhausted. It therefore specifically addresses which Australian laws can be used, with particular emphasis on anti-terrorist legislation passed in 2002 under the Howard Government and the introduction into Australia’s domestic federal criminal legislation offences equivalent to the ICC Statute offences of genocide, crimes against humanity and war crimes. These provide the most applicable legal tools for prosecuting senior Australian officials for war crimes in Iraq.