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From events at Nuremberg and Tokyo after World War II, to the trials of Slobodan Molosevic and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. This book examines the meaning of such trials and their cultural and political effects.
"The threat posed by the recent rise of transnational non-state armed groups does not fit easily within either of the two basic paradigms for state responses to violence. The crime paradigm focuses on the interception of demonstrable immediate threats to the safety of others. Its aim is to protect specific persons and members of the general public from violence by identifiable individuals, who may be acting alone or in concert. In pursuit of this aim, the state uses police operations and the criminal justice system. Both of these tools are governed by human rights principles that significantly constrain state power. A state may not restrict liberty unless it has demonstrable evidence that an individual may pose a danger to others. It may not use force if other means will be effective to stop a threat. If using force is unavoidable, it must be the minimum amount necessary. Furthermore, a state generally may not take life unless no other measure will intercept an immediate threat to life"--
Co-Winner of the Thomas J. Wilson Memorial Prize A New York Times Notable Book of the Year A New York Times Book Review Editors’ Choice A Wall Street Journal Favorite Book of the Year A Choice Outstanding Academic Title of the Year A Publishers Weekly Favorite Book of the Year In the United States today, one in every thirty-one adults is under some form of penal control, including one in eleven African American men. How did the “land of the free” become the home of the world’s largest prison system? Challenging the belief that America’s prison problem originated with the Reagan administration’s War on Drugs, Elizabeth Hinton traces the rise of mass incarceration to an ironic source: the social welfare programs of Lyndon Johnson’s Great Society at the height of the civil rights era. “An extraordinary and important new book.” —Jill Lepore, New Yorker “Hinton’s book is more than an argument; it is a revelation...There are moments that will make your skin crawl...This is history, but the implications for today are striking. Readers will learn how the militarization of the police that we’ve witnessed in Ferguson and elsewhere had roots in the 1960s.” —Imani Perry, New York Times Book Review
In 1965, President Lyndon Johnson insisted that "the policeman is the frontline soldier in our war against crime," and police forces, arms makers, policy makers, and crime experts heeded this call to arms, bringing weapons and practices from the arena of war back home. The Punitive Turn in American Life offers a political and cultural history of the ways in which punishment and surveillance have moved to the center of American life and become imbued with militarized language and policies. Michael S. Sherry argues that, by the 1990s, the "war on crime" had been successfully broadcast to millions of Americans at an enormous cost--to those arrested, imprisoned, or killed and to the social fabric of the nation--and that the currents of vengeance that ran through the punitive turn, underwriting torture at home and abroad, found a new voice with the election of Donald J. Trump. By 2020, the connections between war-fighting and crime-fighting remained powerful, evident in campaigns against undocumented immigrants and the militarized police response to the nationwide uprisings after George Floyd's murder. Stoked by "forever war," the punitive turn endured even as it met fiercer resistance. From the racist system of mass incarceration and the militarization of criminal justice to gated communities, public schools patrolled by police, and armies of private security, Sherry chronicles the United States' slide into becoming a meaner, punishment-obsessed nation.
In the five decades after the Nuremberg trials, not one single international trial for war criminals took place until 1993. In that year a court was finally set up -- at the urging of Aryeh Neier and other high-profile activists -- to judge and sentence war criminals from the former Yugoslavia.In War Crimes, Neier argues for the creation of a permanent tribunal at the U.N. and shows how the continuing absence of such a tribunal is the result of paranoia on the part of governments worldwide. He addresses conflicts in Rwanda, the former Yugoslavia, South Africa, Cambodia, and the occupied territories of Israel. This is a powerful and sure-to-be-controversial book.
The first serious investigation of criminal offending by members of the British armed forces both during and immediately after the two world wars of the twentieth century.
Many feminists grapple with the problem of hyper-incarceration in the United States, and yet commentators on gender crime continue to assert that criminal law is not tough enough. This punitive impulse, prominent legal scholar Aya Gruber argues, is dangerous and counterproductive. In their quest to secure women’s protection from domestic violence and rape, American feminists have become soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting the problem-solving power of incarceration, and diverting resources toward law enforcement and away from marginalized communities. Deploying vivid cases and unflinching analysis, The Feminist War on Crime documents the failure of the state to combat sexual and domestic violence through law and punishment. Zero-tolerance anti-violence law and policy tend to make women less safe and more fragile. Mandatory arrests, no-drop prosecutions, forced separation, and incarceration embroil poor women of color in a criminal justice system that is historically hostile to them. This carceral approach exacerbates social inequalities by diverting more power and resources toward a fundamentally flawed criminal justice system, further harming victims, perpetrators, and communities alike. In order to reverse this troubling course, Gruber contends that we must abandon the conventional feminist wisdom, fight violence against women without reinforcing the American prison state, and use criminalization as a technique of last—not first—resort.
This edited volume examines the use of militarised responses to different forms of criminal activity, discussing the outcomes and unintended consequences. Politicians and policymakers frequently use militarised responses to look tough on crime. The deployment of armies, navies, military assets and militarised approaches can send a powerful message, but have produced mixed results. While they generate the perception that governments are actively engaged on issues of concern to the public, and in some cases have resulted in notable successes, on the downside they have frequently also increased the loss of life, exacerbated the humanitarian consequences of a particular crime and entrenched divides between security and state institutions and the criminal proponents, narrowing the possibilities for future negotiated solutions. By focusing on four different areas of criminality – wildlife crime, piracy, migration and drug trafficking – the book allows context and evidence-based conclusions to be drawn on the strategic value and commonality of responses and their outcomes.
One of the most surprising developments in Mexico's transition to democracy is the outbreak of criminal wars and large-scale criminal violence. Why did Mexican drug cartels go to war as the country transitioned away from one-party rule? And why have criminal wars proliferated as democracy has consolidated and elections have become more competitive subnationally? In Votes, Drugs, and Violence, Guillermo Trejo and Sandra Ley develop a political theory of criminal violence in weak democracies that elucidates how democratic politics and the fragmentation of power fundamentally shape cartels' incentives for war and peace. Drawing on in-depth case studies and statistical analysis spanning more than two decades and multiple levels of government, Trejo and Ley show that electoral competition and partisan conflict were key drivers of the outbreak of Mexico's crime wars, the intensification of violence, and the expansion of war and violence to the spheres of local politics and civil society.
This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.