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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
The crime of war
Recently after yet another military campaign coming to an end, social media lit all over with opinions about what should and should not have been done as military and civilians are moving out. Who was at fault, and where lies the responsibility with. There are those who see the problem as a matter of logistics something here and now and those who explore the history of conflict and try to explain it. Either side however does not note perhaps the most significant issue; that the continuation of wars and the maintenance of conflict around the world is not a failure of politics, but an international crime that is largely neglected. For context, lets explore this conflict’s origin; 20 years ago one of the wealthiest countries on the planet declared war to one of the poorest; the military operations carried the code name “Enduring Freedom”! perhaps irony is lost on those in positions of power. The war was declared as part of a wider foreign policy by the wealthy country (and its allies) on what was called the “war on terror”. It ostensibly aimed to curtail, and eventually defeat, extremist groups around the world from using violence and oppressing people. Yes, that is right, they used war in order to stop others from using violence.
In criminology, when we talk about violence we have a number of different ways of exploring it; institutional vs interpersonal or from instrumental to reactive. In all situations we anticipate that violence facilitates more violence, and in that way, those experiencing it become trapped in a loop, that when repeated becomes an inescapable reality. War is the king of violence. It uses both proactive and emotional responses that keep combatants locked in a continuous struggle until one of them surrenders. The victory attached to war and the incumbent heroism that it breeds make the violence more destructive. After all through a millennia of warfare humans have perfected the art of war. Who would have thought that Sun Tzu’s principles on using chariots and secret agents would be replaced with stealth bombers and satellites? Clearly war has evolved but not its destructive nature. The aftermath of a war carries numerous challenges. The most significant is the recognition that in all disputes violence has the last word. As we have seen from endless conflicts around the world the transition from war to peace is not as simple as the signing of a treaty. People take longer to adjust, and they carry the effects of war with them even in peace time.
In a war the causes and the motives of a war are different and anyone who studied history at school can attest to these differences. It is a useful tool in the study of war because it breaks down what has been claimed, what was expected, and what was the real reason people engaged in bloody conflict. The violence of war is different kind of violence one that takes individual disputes out and turns people into tribes. When a country prepares for war the patriotic rhetoric is promoted, the army becomes heroic and their engagement with the war an act of duty. This will keep the soldiers engaged and willing to use their weapons even on people that they do not know or have any personal disputes with. Among wealthy countries that can declare wars thousands of miles away this patriotic fervour becomes even more significant because you have to justify to your troops why they have to go so far away to fight. In the service of the war effort, language becomes an accomplice. For example they refrain from using words like murder (which is the unlawful killing of a person) to casualties; instead of talking about people it is replaced with combatants and non-combatants, excessive violence (or even torture) is renamed as an escalation of the situation. Maybe the worst of all is the way the aftermath of the war is reflected. In the US after the war in Vietnam there was a general opposition to war. Even some of the media claimed “never again” but 10 year after its end Hollywood was making movies glorifying the war and retelling a different rendition of events.
Of course the obvious criminological question to be asked is “why is war still permitted to happen”? The end of the second world war saw the formation of the United Nations and principles on Human Rights that should block any attempt for individual countries to go to war. This however has not happened. There are several reasons for that; the industry of war. Almost all developed countries in the world have a military industry that produces weapons. As an industry it is one of the highest grossing; Selling and buying arms is definitely big business. The UK for example spends more for its defence than it spends for the environment or for education. War is binary there is a victor and the defeated. If a politician banks their political fortunes on being victorious, engaging with wars will ensure their name to be carved in statues around cities and towns. During the war people do not question the social issues; during the first world war for example the suffragettes movement went on a pause and even (partly) threw itself behind the war effort.
What about the people who fight or live under war? There lies the biggest crime of all. The victimisation of thousands or even millions of people. The civilian population becomes accustomed to one of the most extreme forms of violence. I remember my grandmother’s tales from the Nazi occupation; seeing dead people floating in the nearby river on her way to collect coal in the morning. The absorption of this kind of violence can increase people’s tolerance for other forms of violence. In fact, in some parts of the world where young people were born and raised in war find it difficult to accept any peaceful resolution. Simply put they have not got the skills for peace. For societies inflicted with war, violence becomes currency and an instrument ready to be used. Seeing drawings of refugee children about their home, family and travel, it is very clear the imprint war leaves behind. A torched house in a child’s painting is what is etched in their mind, a trauma that will be with them for ever. Unfortunately no child’s painting will become a marble statue or receive the honours, the politicians and field marshals will. In 9/11 we witnessed people jumping from buildings because a place crashed into them; in the airport in Kabul we saw people falling from the planes because they were afraid to stay in the country. Seems this crime has come full circle.
Within Grey Walls
“Waking up to gray walls and black bars…in the silence of ones own thoughts, leaves one to a feeling of somberness…as those around begin to stir and began their individual day, hope creeps into ones mind….as the discussions regarding legal strategies began, hope then becomes more than just a shadow…as guys began to discuss their potential future beyond prison and being locked in a cell for days at a time, hope becomes more than just a fleeting moment! Silence can sometimes be ones own enemy on death row:-…So I condition myself to discover the “why” I fight through the fits of depression and despair, instead of focusing on the “how’s”….because pursuit of the “why’s” bring about methods of finding a solution….encouragement to remain hopeful!”
Everyone has the right to life, liberty and security of person (1).
Without the right to life, we cannot enjoy the freedoms set forth in the Universal Declaration of Human Rights.
However, what if one’s life was imprisoned and waiting to be ended for crime? In addition, what if a person was to be put to death for associating with a particular demographic?
The death penalty is the authorization of the state to kill a citizen for a crime, whether it’s murder, rape, treason, or more severe crimes, such as crimes against humanity and genocide (2).
Whilst the death penalty can be a deterrent, provide justice, and be the ultimate punishment for a crime and justice for victims, it is also used in some countries to persecute minority groups, such as the LGBT community (3) (4). (In references, there is a link to an interactive map of countries that utilize the death penalty for LGBT groups).
According to the Death Penalty Information Centre (DPIC), around 82% of cases involving capital punishment, race was a determining factor of giving this punishment, in comparison to white counterparts (5). However, the justice system is far from perfect, and miscarriages of justice occur. Due to issues of racism and racial bias (particularly within the American Justice System), this has seen members of minority groups and innocent people put on death row whilst a criminal still walks free. A damning example of a miscarriage of justice, and a clear demonstration of racism, is the case of George Stinney, whom, at the age of 14, was wrongly accused of murdering 2 girls. He was taken to court, tried by an all white jury, and was given the electric chair (6).
This, ultimately, is the state failing to protect its citizens, and causing irreparable damage to others. The George Stinney case is a condemnatory example of this. On top of that, it is hard to measure deterrence, and whether capital punishment actually deters people from committing crime.
However, what is it actually like being on death row?
June 2017 saw the start of a new friendship – a unique friendship. What simply started out with me wanting to reach out and be a ray of light to someone on death row, turned into a wonderful experience of sharing, support and immeasurable beauty. In June 2017, I began writing to a man on death row, and simply wanted to be a ray of light to someone in a dark place.
He has shared some of his thoughts of what it is like to be on death row:
“Perseverance. This is key when facing a day in prison (physically and mentally) because is never “where” you are physically, but your ability and willingness took push through those times of adversity and overcome the very things that have the power to bring you down….such as evil”. BUT- when we examine the word “evil” look closely…. Do you see it yet? ….. It’s “LIVE” backwards and to me its when we lose our patience to “LIVE” that we have brushes with “evil”…no???? So within these walls I do my best to find the “silver lining” and develop the better aspects of me”.
Now, it may seem effortlessly -but- in all honestly….its very difficult to face each day with the uncertainty of knowing whether the presence I have is one that has significance….in here I have to prepare myself on a constant basis in order to be the best version of myself no matter what lays ahead.
Thankfully….I have met an incredible person, who guides me by way of her words…offers me comforts by way of her thoughts and prayer and encourages me through her never ending presence! She is beautiful in every aspect of the word…She has helped me to discover that EVERYTHING and NOTHING awaits beyond forever!
(1) Universal Declaration of Human Rights (UNDH) Article 1 Available online at: https://www.un.org/en/universal-declaration-human-rights/ Accessed on 21/01/2020
(2) Louise Gaille ’15 Biggest Capitol Pros and Cons’ Available online at: https://vittana.org/15-biggest-capital-punishment-pros-and-cons Accessed on 24/03/2020
(3) The Human Dignity Trust ‘Saudi Arabia: Types of Criminalisation’ Available online at: https://www.humandignitytrust.org/country-profile/saudi-arabia/ Accessed on 24/03/2020
(4) Death Penalty Information Centre ‘Executions By Race and Race of Victim’ Available online at: https://deathpenaltyinfo.org/executions/executions-overview/executions-by-race-and-race-of-victim
(6) Snopes Fact Check ‘Did South Carolina Execute 14-year-old George Stinney, then declare him innocent 70 years later?’ Available online at: https://www.snopes.com/fact-check/george-stinney-execution-exoneration/ Accessed on 24/03/2020
Interactive map of countries where the death penalty is used against the LGBT community: https://www.humandignitytrust.org/lgbt-the-law/map-of-criminalisation/?type_filter=crim_gender_exp
Human Writes: https://www.humanwrites.org
#EveryCanHelps? Why are we normalising foodbanks and poverty?
Over the last two weeks, twitter was littered with Conservative MPs posing at foodbanks, thanking the public for donations and showing their support for this vital service. On seeing the first one I thought this was a strange way to show compassion for those in need, given how the increased use of foodbanks is directly linked to austerity policies, the rollout of universal credit and is one of the issues raised by a recent report on the impact of poverty in the UK (Equality and Human Rights Commission, 2018). The report states that spending cuts from austerity led policies have put Britain in breach of its human rights obligations and highlights discriminatory issues, as these cuts have adversely affected low income and lone parent families, ethnic minorities and the disabled. It recommends more investment in health, social care, education and housing, and a rethink of Universal Credit. In addition, a report by the United Nations has described current government policies as ‘punitive, mean-spirited and often callous’ in their impact on the most vulnerable, more alarming given we are still one of the richest countries in the world (UN, 2018).
The responses on twitter articulated what I was feeling, ranging from incredulity, to anger and shock. It is a strange state of affairs when politicians see this as a cause for celebration, but then, there is little else to choose from, in relation to policies introduced in the last two years. The cognitive dissonance between thinking this presents them as compassionate and caring about problems they have created is quite an achievement. But then, I also know I really should not be surprised – I never believed Conservatives could be considered compassionate and anything but concerned with their own interests and dismissive of those in need. When Conservative MPs received the memo to pose at foodbanks, I wonder how many refused? Or how many believed this would be accepted as an example of celebrating charity, because even at Christmas, we all too easily normalise this level of deprivation, and rationalise it as due to individual circumstances, and not structural inequalities.
The wording of the UN report is clear in its condemnation and recognition that in Britain, the government lack the political will to help those most in need, given that tax cuts signalling the ‘end of austerity’ have once again benefitted the rich, under the auspices of this wealth trickling down in the form of jobs and increased wages. However, the EHRC and UN reports have emphasised how these policies are disproportionately affecting those who cannot work, or can only do part time work, or who face discrimination and disadvantage, including employment opportunities and prospects. When foodbanks were first set up, I honestly believed this was a temporary fix, never did I think still in 2018 they would be still be needed and indeed, be increasingly used. I also never would have imagined they would be held up as an example of the good work of charities adopted as a PR stunt by the very people who have created the inequalities and harm we see today.
The small glimmer of hope is the protest in one of these pictures, and the responses via twitter which reflected how I felt. There was a clear backlash in Scotland, where it was reported that a record number of supplies were needed as Universal Credit was rolled out, and where there were calls to foodbanks and supermarkets to refuse to pose with Conservative MPs. Alas, my fear is beyond the twittersphere, most people can rationalise this as acceptable. After all, should we not celebrate charity and helping those in need at this time of year? Is this just an example of good will and thinking of others? Well, yes of course, and if these photos were simply asking people to donate without the MPs responsible being there, I would think most of us would perhaps be reminded we can do our bit to help, and we should. The presence of the MPs and acceptance of this as good PR is what really worries me, that people will still vote for a party which has been described as cruel and punitive and believes this sort of promotion makes them look good. The irony that our current Prime Minister once herself warned that the Conservatives were becoming the ‘nasty party’ is staggering. For what she now resides over are policies which are internationally condemned as harmful, discriminatory and callous.
The other slight glimmer of hope is some commentators suggest this stunt reflects rumours of a general election on the horizon, as while Theresa May celebrated the ‘success’ of negotiating a deal with the European Union, it seems this was short-lived once parliament began to debate the deal and may trigger an election. The UN report suggested that Brexit has been so much of a distraction for MPs and the public that we are not seeing domestic problems as a priority. I think for many there is a sense that once this deal is done, we can get on with resolving other issues. But for this government, I don’t think that is the case. I think for Conservatives, these negotiations and now parliamentary debates are a welcome distraction and a narrative which fits their lack of will to actually address the harms caused by austerity. A general election may bring about change and force MPs to confront where we are today as a result of political choices, but this depends on how we all really feel about poverty, homelessness, discrimination and disadvantage. I wonder if too many feel these are insurmountable problems, inevitable and therefore, beyond the abilities of government to address. But the UN and EHRC reports clearly tell us this is not the case. I hope we do get an opportunity to hold this government to account sooner rather than later. But most of all, I hope that more of us actually take up this opportunity and not allow what we see today to continue.
Senior Lecturer in Criminology
Equality and Human Rights Commission (2018) The cumulative impact on living standards of public spending changes, available from https://www.equalityhumanrights.com/en/publication-download/cumulative-impact-living-standards-public-spending-changes
United Nations (2018) Statement on Visit to the United Kingdom, by Professor Philip Alston, United Nations Special Rapporteur on extreme poverty and human rights, see https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23881&LangID=E
Are we facing an ‘arms race’ on the streets of the UK?
Dr Helen Poole is Deputy Dean in the Faculty of Health and Society and Lead for University of Northampton’s Research Centre for the Reduction of Gun Crime, Trafficking and Terrorism
As the Government’s Violent Crimes Bill passes through its second hearing, the emphasis is clearly on controlling corrosive substances and knives. This is entirely appropriate since the vast majority of armed crime resulting in death or injury in the UK currently involves one or the other. Other than proposing tighter controls on 0.5 calibre rifles and bump-stock devices, the Bill is virtually silent on firearms, although it is surprising that either of these devices are not more tightly regulated already.
However, what is of greater concern is that the UK and other EU jurisdictions are not taking stronger heed of the findings of the EU funded Project SAFTE, published by the Flemish Peace Institute in April 2018. SAFTE alludes to what it calls an ‘arms race’ based on the fact that there are more weapons entering the illicit market than are being seized. Thus, according to basic economic principles of supply and demand, firearms, and particularly military grade firearms, will become cheaper on the illicit market. Furthermore, as organised crime groups and gangs weaponise, there will be a greater need for their foes to be equally equipped.
The question of where these firearms and small arms and light weapons emanate from is key to understanding the potential problem this poses on the streets of the UK. The vast majority of firearms are produced legally, by states such as the UK and USA. However, the reason that there are so many illicit weapons in circulation, is that these firearms are often diverted into illicit hands, either through corruption or criminal activity. This diversion into what is commonly referred to as the ‘grey market’, contributes to more than 200,000 global firearms deaths every year, excluding conflict zones.
The firearms black-market, whereby weapons and ammunition are produced illegally, is of relative insignificance in the overall global picture of firearms related harm. Therefore, tackling the diversion of firearms from lawful production is more likely to have a positive impact on firearms related harm, and also combat the emerging arms race identified through Project SAFTE. Considering the scale of the grey market problem, it would appear that this is where resources should be directed if states and international organisations are serious about reducing the harm caused to societies by firearms. Indeed, the United Nations regard firearms as one of the obstacles to obtaining Sustainable Development Goal 16 on Peace Justice and Strong Institutions, particularly 16.4 which aims to ‘significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime’ by 2030.
The international arms trade and its subsequent implications for state sponsored and criminal diversion it clearly a politically sensitive topic. However, it is at the core of addressing the tens of thousands of lives that are lost to firearms annually.