Search Results

You are looking at 1 - 10 of 470 items for :

  • "criminalization" x
  • All content x
Clear All
Restricted access

Using International Criminal Law to Resist Transitional Justice

Legal Rupture in the Extraordinary Chambers in the Courts of Cambodia

Mikael Baaz and Mona Lilja

law committed between 17 April 1975 and 6 January 1979. The actual criminal proceedings in the ECCC eventually started in mid-2007 (see further Baaz 2015a , 2015b ). Besides providing justice to the Cambodian people, the trials in the ECCC are also

Restricted access

Perpetrators and victims

Local responses to the International Criminal Tribunal for the former Yugoslavia

Johanna Mannergren Selimovic

This article juxtaposes local understandings and narratives on justice and reconciliation in Bosnia and Herzegovina with those of the International Criminal Tribunal for the former Yugoslavia (ICTY). By looking at notions of collective innocence/guilt, the development of victim identities, and the relativization of the suffering of the other, it explores the failure of the ICTY to offer a convincing model of transitional justice in Bosnia. Although the ICTY disciplines the boundary between victim and perpetrator through measures for shared truth and individual justice, local discourses resist or transform these representations, thus tending to entrench rather than transcend national divisions. The findings of this article challenge prevalent instrumentalist understandings of transitional justice and its role in facilitating reconciliation. The article focuses on the communities of Konjic and Srebrenica and the ICTY outreach conferences held in these towns in 2004 and 2005.

Restricted access

Gatherings of Mobility and Immobility

Itinerant “Criminal Tribes” and Their Containment by the Salvation Army in Colonial South India

Saurabh Arora

In retelling the history of “criminal tribe” settlements managed by the Salvation Army in Madras Presidency (colonial India) from 1911, I argue that neither the mobility–immobility relationship nor the compositional heterogeneity of (im)mobility practices can be adequately captured by relational dialecticism espoused by leading mobilities scholars. Rather than emerging as an opposition through dialectics, the relationship between (relative) mobility and containment may be characterized by overlapping hybridity and difference. This differential hybridity becomes apparent in two ways if mobility and containment are viewed as immanent gatherings of humans and nonhumans. First, the same entities may participate in gatherings of mobility and of containment, while producing different effects in each gathering. Here, nonhumans enter a gathering, and constitute (im)mobility practices, as actors that make history irreducibly differently from other actors that they may be entangled with. Second, modern technologies and amodern “institutions” may be indiscriminately drawn together in all gatherings.

Restricted access

“Such a Poor Finish”

Illegitimacy, Murder, and War Veterans in England, 1918-1923

Ginger S. Frost

women’s memoirs, that the number of rapes and sexual assaults increased, but the evidence does not support this assertion. In fact, most criminal statistics showed a steady downturn. Common assaults halved between 1925 and 1939; a similar decline

Restricted access

Pierre Makhlouf

seekers (particularly when numbers of claimants increased under the Conservatives in the early 1990s [32,300 in 1992 compared to 19,500 in 2015 3 ]) and ‘foreign national criminals’ – particularly since 1,023 were released under the Labour government in

Restricted access

The Complexity of History

Russia and Steven Pinker’s Thesis

Nancy Shields Kollmann

analyzed the practice of criminal law in early modern Russia from the sixteenth through the eighteenth centuries with the problem of violence as a main concern. 3 Violence was on my mind for two reasons: since the sixteenth century (and reiterated in Cold

Restricted access

The Brothel Phone Number

Infrastructures of Transnational Pimping in Eastern Romania

Trine Mygind Korsby

my informants struggle to get by in everyday life; their dreams of hitting the big jackpot abroad usually remain dreams. Despite the fact that most of my informants also engage in other criminal activities, such as credit card fraud, scams and theft

Open access

Looking for the child soldier

The judicial investigation in the case of Thomas Lubanga Dyilo

Milena Jakšić

media, humanitarian organisations and, more recently, international criminal courts. The dominant image conveyed in these arenas is that of child victims – vulnerable, passive figures forcibly recruited into armed groups to serve as bodyguards, cooks and

Open access

Active learning in criminal justice

The benefits of student investigation of wrongful convictions in a higher education setting

Jill Dealey

through, and about, research and inquiry … such curricular experience should and can be mainstreamed … through a research-active curriculum’ (2009: 3). An area of work that can provide valuable research and inquiry opportunities for students of criminal

Restricted access

Cosmopolitanism and the Need for Transnational Criminal Justice

The Case of the International Criminal Court

Patrick Hayden

Writing in the aftermath of Adolf Eichmann’s dramatic prosecution in 1961 for his role in the Nazi genocide, Hannah Arendt suggested that the ‘need for a [permanent] international criminal court was imperative’ (Arendt 1963: 270). For Arendt, Eichmann’s trial in Jerusalem symbolized the unfortunate triumph of national interests over the demands of universal justice. In Arendt’s analysis, the Eichmann trial was flawed for a number of reasons, most notably because the Israeli government rejected the possibility of establishing an international criminal tribunal, claiming for itself the competence and jurisdiction for trying Eichmann. In the end, Arendt notes, the failure of the Israeli court consisted of the fact that it represented ‘one nation only’ and misunderstood Eichmann’s crimes as being inherently against the Jewish people rather than against humanity itself, that is, ‘against the human status’ (Arendt 1963: 268-270). As the subsequent occurrence of genocide, ethnic cleansing, and war crimes in countries as diverse as Cambodia, Rwanda, the former Yugoslavia, and East Timor starkly testifies, the relevance of a permanent international criminal court to contemporary world politics and international relations is undiminished more than 40 years after the Eichmann trial.