Protect international law
In criminological discourses the term “war crime” is a contested one, not because there are no atrocities committed at war, but because for some of us, war is a crime in its own right. There is an expectation that even in a war there are rules and therefore the violation of these rules could lead to war crimes. This very focused view on war is part of a wider critique of the discipline. Several criminologists including, Ruggiero, DiPietro, McGarry and Walklate, to name a few, have argued that there is less focus on war as a crime, instead war is seen more as part of a metaphor used in response to social situations.
As far back as the 1960s, US President Johnson in his state of the union address, announced “The administration today here and now declares unconditional war on poverty in America”. What followed in the 1964 Economic Opportunity Act, was seen as the encapsulation of that proclamation. In some ways this announcement was ironic considering that the Vietnam war was raging at the time, 4 years before the well documented My Lai massacre. A war crime that aroused the international community; despite the numbers of soldiers involved in the massacre, only the platoon leader was charged and given a life sentence, later commuted to three and a half years incarceration (after a presidential intervention). Anyone can draw their own conclusion if the murder of approximately 500 people and the rape of women and children is reflected in this sentence. The Vietnam war was an ideological war on communism, leaving the literal interpretation for the historians of the future. In a war on ideology the “massacre” was the “collateral damage” of the time.
After all for the administration of the time, the war on poverty was the one that they tried to fight against. Since then, successive politicians have declared additional wars, on issues namely drugs and terror. These wars are representations of struggles but not in a literal sense. In the case of drugs and terrorism criminology focused on trafficking, financing and organised crimes but not on war per se. The use of war as a metaphor is a potent one because it identifies a social foe that needs to be curtailed and the official State wages war against it. It offers a justification in case the State is accused being heavy handed. For those declaring war on issues serves by signalling their resolve but also (unwittingly or deliberately) it glorifies war as an cleansing act. War as a metaphor is both powerful and dangerous because it excuses State violence and human rights violations. What about the reality of war?
As early as 1936, W.A Bonger, recognised war as a scourge of humanity. This realisation becomes ever more potent considering in years to come the world will be enveloped in another world war. At the end of the war the international community set up the international criminal court to explore some of the crimes committed during the war, namely the use of concentration camps for the extermination of particular populations. in 1944 Raphael Lemkin, coined the term genocide to identify the systemic extermination of Jews, Roma, Slavic people, along with political dissidents and sexual deviants, namely homosexuals.
In the aftermath of the second world war, the Nuremberg trials in Europe and the Tokyo trials in Asia set out to investigate “war crimes”. This became the first time that aspects of warfare and attitudes to populations were scrutinised. The creation of the Nuremberg Charter and the outcomes of the trials formulated some of the baseline of human rights principles including the rejection of the usual, up to that point, principle of “I was only following orders”. It also resulted in the Nuremberg Code that set out clear principles on ethical research and human experimentation. Whilst all of these are worthwhile ideas and have influenced the original formation of the United Nations charter it did not address the bigger “elephant” in the room; war itself. It seemed that the trials and consequent legal discourses distanced themselves from the wider criminological ideas that could have theorised the nature of war but most importantly the effects of war onto people, communities, and future relations. War as an indiscriminate destructive force was simply neglected.
The absence of a focused criminological theory from one end and the legal representation as set in the original tribunals on the other led to a distinct absence of discussions on something that Alfred Einstein posed to Sigmund Freud in early 1930s, “Why war?”. Whilst the trials set up some interesting ideas, they were criticised as “victor’s justice”. Originally this claim was dismissed, but to this day, there has been not a single conviction in international courts and tribunals of those who were on the “victors’” side, regardless of their conduct. So somehow the focus changed, and the international community is now engaged in a conversation about the processes of international courts and justice, without having ever addressed the original criticism. Since the original international trials there have been some additional ones regarding conflicts in Yugoslavia and Rwanda. The international community’s choice of countries to investigate and potentially, prosecute has brought additional criticism about the partiality of the process. In the meantime, international justice is only recognised by some countries whilst others choose not to engage. War, or rather, war crimes become a call whenever convenient to exert political pressure according to the geo-political relations of the time. This is not justice, it is an ad hoc arrangement that devalues the very principles that it professes to protect.
This is where criminology needs to step up. We have for a long time recognised and conceptually described different criminalities, across the spectrum of human deviance, but war has been left unaccounted for. In the visions of the 19th and 20th century social scientists, a world without war was conceptualised. The technological and social advancements permitted people to be optimistic of the role of international institutions sitting in arbitration to address international conflicts. It sounds unrealistic, but at the time when this is written, we are witness to another war, whilst there are numerous theatres of wars raging, leaving a trail of continuous destruction. Instead of choosing sides, splitting the good from the bad and trying to justify a just or an unjust war, maybe we should ask, “Why war”? In relation to youth crime, Rutherford famously pondered if we could let children just grow out of crime. Maybe, as an international community of people, we should do the same with war. Grow out of the crime of war. To do so we would need to stop the heroic drums, the idolisation of the glorious dead and instead, consider the frightened populations and the long stain of a violence which I have blogged about before: The crime of war
From Criminal to the ‘Rule of Law’? Johnson’s border policy on refugees
Britain has a very proud history of taking refugees and migrants from war-torn and destabilised areas of the world – this is a fact which has been made clear from all sides of the political spectrum. What is concerning, however, is that this statement has since Brexit been continuously added as a precursor to every new border policy blunder made by the UK Conservative government in an attempt to ‘soften the blow’ of public perception. It is the paradox of Boris Johnson trying to appeal to those sympathetic to migration, but to also appease hard-line anti-immigration Brexiteers. This paradox was inevitable, given (a) the close split between Leave and Remain votes in the 2016 EU Referendum, and (b) the amount of lies told to both sides of this debate by Johnson and his ‘mates’ in a desperate attempt to gain political power in 2019…leaving the British public in permanent limbo as whether or not ‘Brexit’ (in the way it was described) had even taken place at all; a state of ‘technically we’re out, but we’re not really out’.
Given the ease of shaping and reproducing ‘empty signifiers’ (Laclau & Mouffe, 1985; Torfing, 1999) within this discursive limbo, Boris Johnson’s latest border policy disaster relating to refugee border crossings was announced yesterday. The new “genius” idea will be to deport those who are single men crossing the Channel in boats or lorries from France to Rwanda for ‘processing’. Of course, as per usual, this was seemingly quite a surprise to the Minister of State for Refugees who claimed on LBC just over a week prior to the announcement that he had no knowledge of any new plans to send anyone to Rwanda.
Before going into the details of the hypocrisy associated with this policy in the light of the war in Ukraine, what I fail to understand is the entire point of this process. Boris Johnson’s announcement seemed to focus most of his rhetoric on the ‘illegality’ of the status of people entering UK borders, as well as the need to curb ‘people smuggling’. He merged this part of his speech with Ukrainian refugees in an attempt to, once again, appear to seem more sympathetic to the struggle of fleeing populations than he is in reality…’whether you are fleeing Putin or Assad, our aim is that you should not need to turn to people smugglers or any other kind of illegal option’. It is important to note that we shouldn’t be confusing (as often happens) the term ‘people smugglers’ with ‘sex traffickers’, whose motives are wholly different than merely receiving money to aid someone’s journey across nation state borders. People smugglers tend to take advantage of those who are in sheer desperation. This desperation is normally grounded in a combination of multiple factors: (1) destabilisation in their home country, (2) fear for their life, safety, or future (or that of their family), (3) strong desire for liberation or freedom and, most importantly, (4) a practical inability to actually escape their current borders.
With this in mind, it is astonishing to hear Johnson trying to justify this policy on the grounds that he is somewhat of a rule-of-law fan, wishing to drive out illegal behaviour from UK borders, given that he has recently become the first ever serving UK Prime Minister to have been sanctioned for breaking the criminal law. As with many similar approaches to these types of policies in the past (the obvious being the so-called ‘war on drugs’), the core motivation has very little to do with the actual human safety, and more rooted in neoliberal frustrations of the (and I deliberately use this term in its loosest possible sense) ’tax-paying’ Eton schoolboys at others, within UK borders or otherwise, earning any kind of money from which they are not directly benefitting. This ties in closely to, what I mentioned in a previous post, as the UK Conservative Party’s lazy response to sanctioning oligarchs linked to the Putin regime…for obvious personal reasons.
Most striking here is the level of hypocrisy between who is considered part of the in-group of migrants and refugees, and who is the ‘other’; the ‘deserving’ and ‘undeserving’ (Cottle, 2000; Van Dijck, 2000; Quinsaat, 2011; Reed, 2017). Without deflecting from Putin’s responsibility in reproducing anti-Ukrainian sentiment in Russia and surrounding former Soviet nations, and framing the ethnic group as some kind of leeching parasite on the Russian people, we have seen both overt and covert racism at play in Ukraine and other parts of the world in relation to this idea of ‘ideal’ refugees. The UK is no exception to this. Not since the aftermath of the Second World War have we seen the type of outpouring of sympathy by the British public towards a persecuted ethnic group, with hundreds-of-thousands opening up their homes to house refugees expected imminently. Of course we should be proud of every hand extended to any human in need of help, but where was this reaction when Syrians, Iraqis, Afghans and Libyans were fleeing their countries due to botched UK military operations in their sovereign territory? Where is this reaction when innocent Yemeni people are calling on the world to help while we are funding Saudi Arabia’s genocidal campaign in their sovereign territory?
It is too simple to claim that this issue is purely related to skin-colour-based racism or another type of xeno-racism, because we know this not to be the case. Perhaps due to the personal nature of the conflict in the Republic of Artsakh in late 2020 which killed thousands of Armenians and displaced around 90,000, and the rhetoric of neutrality from the UK Conservative government (due to their close monetary ties with the aggressor and his oligarch friends), the mainstream media and near-total silence from prominent celebrities…all of whom seem to now scream for action in response to Ukraine (rightly so), but I can’t help but echo a question asked by another Armenian, Tatev Hovhannisyan: Where was the outpouring of empathy when my country was at war?
Perhaps to understand the nature of this hypocrisy we need to focus more on the complex interplay between the nation state, power and discourse. I would add another element into this equation: money. In a neoliberal, populist political model, dictators seemingly pay vast sums of money to other nation states in exchange for the unyielding, unchallenged and unregulated power to produce and reproduce dominant discourses which ground their version of hegemony within those states.
Cottle, S. (Ed.). (2000). Ethnic Minorities and the Media. Open University Press.
Laclau, E., & Mouffe, C. (1985). Hegemony and Socialist Strategy: Towards a Radical Democratic Politics. Verso.
Quinsaat, S. M. (2011). ‘Everybody Around Here is from Somewhere Else’: News frames and hegemonic discourses in the immigration debates in the United States, 2006 and 2010 [MA Thesis]. University of Pittsburgh: Kenneth P Dietrich School of Arts and Sciences.
Reed, H. (2017). Framing of Immigrants and Refugees: A content analysis of mainstream and partisan news coverage of immigration [MA Thesis]. University of Missouri: Faculty of the Graduate School.
Torfing, J. (1999). New Theories of Discourse: Laclau, Mouffe and Žižek. Blackwell.
Van Dijk, T. A. (2000). New(s) Racism: A Discourse Analytical Approach. European Journal of Political Economy, 33–49.
No April Fools
The first of April has consisted of a steep 54% rise in what energy company’s can charge customers for using energy, with further rises set to occur in October. This coincides with rises to other bills such as council tax, national insurance and water within a climate of inflation. Previous to this many were struggling to make ends meet…what are these people supposed to do now?
Russia’s atrocities and Covid-19 have been blamed for the steep price increases and inflation. I suspect that employers will be using this as a reason to not increase the persistent low rises in wages that workers are receiving, all whilst their bosses are becoming richer and richer. Of course, both Russia and Covid will have a significant impact on the economy, however, it does not take a genius to be aware that people have been struggling to survive well before this, hence terms like, food poverty, period poverty and fuel poverty predate these issues. Also, so do the persistent low rises in wages for workers.
Apparently, MPs are due a £2,200 pay rise which whilst it seems low (2.7%) compared to inflation, a few MPs themselves (such as Zarah Sultana) have stated that they do not need this pay rise as they already receive a high paying wage.
Oh, and let us not forget that the increasing energy prices will ensure that privatised fuel companies such as Shell and BP continue to profit, with a predicted profit of £40 BILLION for this year.
Meanwhile benefits for those who are not formally employed and spend a higher proportion of money on household bills and rent are set to increase by 3.1% – a rise which will not cover these price increases.
How is it that employers and the State cannot afford to pay people more – but can ensure high wages for the already rich, privileged and powerful?
It is not surprising that the government’s measures to deal with the problem, such as one-off payments and energy loans, have been heavily criticised as inadequate and significantly failing to support the lowest income homes. The government employs a group of elites and many are completely out of touch with reality. Apparently the man presiding over these measures, millionaire Rishi Sunak and his billionaire wife, often donate to charitable causes, such as donating £100,000 to Rishi’s former elitist private school. Because a private school in need is a pressing cause…yeah right!
The opposition parties have rightly criticised the Conservatives take on this but listening to Keir Starmer’s bumbling take on what Labour would do to solve these issues is also worrying. During an interview he stated that windfall tax could be a solution ‘for right now’ with no feasible long term plan. My usual vote for Labour in May will be damage control against more Tory time in power.
A long term TAX on THE RICH to use this money to support those that need it is not even that simple, given that the government accepts donations from the super-rich it is unlikely that decisions would be made to genuinely reduce inequality between the rich and poor. The world will never be a better place if those in power continue to focus on their own interests and huge profits in place of looking after people. The rise in energy prices on the first of this month was no April Fools’ joke…I really wish that it was.