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This new book by the well-known anthropologists Jean and John L. Comaroff explores the global preoccupation with criminality in the early twenty-first century, a preoccupation strikingly disproportionate, in most places and for most people, to the risks posed by lawlessness to the conduct of everyday life. Ours in an epoch in which law-making, law-breaking, and law-enforcement are ever more critical registers in which societies construct, contest, and confront truths about themselves, an epoch in which criminology, broadly defined, has displaced sociology as the privileged means by which the social world knows itself. They also argue that as the result of a tectonic shift in the triangulation of capital, the state, and governance, the meanings attached to crime and, with it, the nature of policing, have undergone significant change; also, that there has been a palpable muddying of the lines between legality and illegality, between corruption and conventional business; even between crime-and-policing, which exist, nowadays, in ever greater, hyphenated complicity. Thinking through Crime and Policing is, therefore, an excursion into the contemporary Order of Things; or, rather, into the metaphysic of disorder that saturates the late modern world, indeed, has become its leitmotif. It is also a meditation on sovereignty and citizenship, on civility, class, and race, on the law and its transgression, on the political economy of representation.
“The strength of this book is that it does not look at a single case or even a few disparate examples of drug, weapon, and human trafficking but looks at many patterns—intra-regionally, cross-nationally, and internationally. It is an innovative addition to the literature on the nature of the safe havens—or ‘black spots’—currently being used for illicit activity. This book will make a clear impact on the scholarship of transnational crime and the geopolitics of the illicit global economy.” —Jeremy Morris, Aarhus University, Denmark Transnational criminal, insurgent, and terrorist organizations seek places that they can govern and operate from with minimum interference from law enforcement. This book examines 80 such safe havens which function outside effective state-based government control and are sustained by illicit economic activities. Brown and Hermann call these geographic locations ‘black spots’ because, like black holes in astronomy that defy the laws of Newtonian physics, they defy the world as defined by the Westphalian state system. The authors map flows of insecurity such as trafficking in drugs, weapons, and people, providing an unusually clear view of the hubs and networks that form as a result. As transnational crime is increasing on the internet, Brown and Hermann also explore if there are places in cyberspace which can be considered black spots. They conclude by elaborating the challenges that black spots pose for law enforcement and both national and international governance.
Grappling specifically with the norm of sovereignty as responsibility, the book seeks to advance a critical constructivist understanding of norm development in international society, as opposed to the conventional – or liberal – constructivist (mis)understanding that still dominates the debate. Against this backdrop, the book delves into the institutionalization of sovereignty as responsibility within the lived practice of the International Criminal Court (ICC). More to the point, the proposed exploration intends to revive questions about the power-laden nature of the normative fabric of international society, its dis-symmetries, and its outright hierarchies, in order to devise an original framework to operationalize research on how – institutional – practice impinges on norm development. To this end, the book resorts to an original creole vocabulary, which combines the contributions of post-positivist constructivist scholars with the legacy of key post-modernist thinkers such as Michel Foucault and Jacques Derrida, as well as critical approaches to International (Criminal) Law and Post-Colonial Studies. The book will appeal to scholars of international relations and international law, in addition to critical scholars more broadly, as well as to practitioners in the fields of human rights and international justice interested in normative theory and the implementation and contestation of international social norms.
Gang-related violence has forced thousands of Hondurans to flee their country, leaving behind everything as refugees and undocumented migrants abroad. To uncover how this happened, Jon Carter looks back to the mid-2000s, when neighborhood gangs were scrambling to survive state violence and mass incarceration, locating there a critique of neoliberal globalization and state corruption that foreshadows Honduras’s current crises. Carter begins with the story of a thirteen-year-old gang member accused in the murder of an undercover DEA agent, asking how the nation’s seductive criminal underworld has transformed the lives of young people. He then widens the lens to describe a history of imperialism and corruption that shaped this underworld—from Cold War counterinsurgency to the “War on Drugs” to the near-impunity of white-collar crime—as he follows local gangs who embrace new trades in the illicit economy. Carter describes the gangs’ transformation from neighborhood groups to sprawling criminal societies, even in the National Penitentiary, where they have become political as much as criminal communities. Gothic Sovereignty reveals not only how the revolutionary potential of gangs was lost when they merged with powerful cartels but also how close analysis of criminal communities enables profound reflection on the economic, legal, and existential discontents of globalization in late-liberal nation-states.
This monograph examines North Korea's Office Number 39: its origins, organizational structure, and activities. The authors focus on Office Number 39's key illicit activities? to include manufacture and distribution of illegal drugs, the counterfeiting of U.S. currency, and the manufacture and distribution of counterfeit cigarettes. Finally, as Kim Jong-Il grows frailer, assessing how his successor may continue or alter Office Number 39's activities is also examined. (Originally published by the Strategic Studies Institute)
An expose of what really goes on behind the closed doors of state power
North Korea's criminal conduct, smuggling, trafficking, and counterfeiting, is well known, but the organization directing it is understudied or overlooked. North Korea practices a form of "criminal sovereignty" that is unique in the contemporary international security arena. It uses state sovereignty to protect itself from external interference in its domestic affairs while dedicating a portion of its government to carrying out illicit international activities in defiance of international law and the domestic laws of numerous other nations. The proceeds of these activities are used in a number of ways to sustain North Korea's existence and to enable other policies. The authors of this monograph focus on North Korea's Office #39 as the state apparatus that directs illicit activities to include the manufacture and distribution of illegal drugs, the counterfeiting of U.S. currency, and the manufacture and distribution of counterfeit cigarettes. Finally, as Kim Jong-Il becomes more frail, the authors assess how his successor may continue or alter Office #39's activities.--
'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.
In fragile states, domestic and international actors sometimes take the momentous step of sharing sovereign authority to provide basic public services and build the rule of law. While sovereignty sharing can help address gaps in governance, it is inherently difficult, risking redundancy, confusion over roles, and feuds between partners when their interests diverge. In Sovereignty Sharing in Fragile States, John D. Ciorciari sheds light on how and why these extraordinary joint ventures are created, designed, and implemented. Based on extensive field research in several countries and more than 150 interviews with senior figures from governments, the UN, donor states, and civil society, Ciorciari discusses when sovereignty sharing may be justified and when it is most likely to achieve its aims. The two, he argues, are closely related: perceived legitimacy and continued political and popular support are keys to success. This book examines a diverse range of sovereignty-sharing arrangements, including hybrid criminal tribunals, joint policing arrangements, and anti-corruption initiatives, in Sierra Leone, Cambodia, Lebanon, Timor-Leste, Guatemala, and Liberia. Ciorciari provides the first comparative assessment of these remarkable attempts to repair ruptures in the rule of law—the heart of a well-governed state.
More than 600 women and girls have been murdered and more than 1,000 have disappeared in the Mexican state of Chihuahua since 1993. Violence against women has increased throughout Mexico and in other countries, including Argentina, Costa Rica, Guatemala, and Peru. Law enforcement officials have often failed or refused to undertake investigations and prosecutions, creating a climate of impunity for perpetrators and denying truth and justice to survivors of violence and victims’ relatives. Terrorizing Women is an impassioned yet rigorously analytical response to the escalation in violence against women in Latin America during the past two decades. It is part of a feminist effort to categorize violence rooted in gendered power structures as a violation of human rights. The analytical framework of feminicide is crucial to that effort, as the editors explain in their introduction. They define feminicide as gender-based violence that implicates both the state (directly or indirectly) and individual perpetrators. It is structural violence rooted in social, political, economic, and cultural inequalities. Terrorizing Women brings together essays by feminist and human rights activists, attorneys, and scholars from Latin America and the United States, as well as testimonios by relatives of women who were disappeared or murdered. In addition to investigating egregious violations of women’s human rights, the contributors consider feminicide in relation to neoliberal economic policies, the violent legacies of military regimes, and the sexual fetishization of women’s bodies. They suggest strategies for confronting feminicide; propose legal, political, and social routes for redressing injustices; and track alternative remedies generated by the communities affected by gender-based violence. In a photo essay portraying the justice movement in Chihuahua, relatives of disappeared and murdered women bear witness to feminicide and demand accountability. Contributors: Pascha Bueno-Hansen, Adriana Carmona López, Ana Carcedo Cabañas, Jennifer Casey, Lucha Castro Rodríguez , Angélica Cházaro, Rebecca Coplan, Héctor Domínguez-Ruvalcaba, Marta Fontenla, Alma Gomez Caballero, Christina Iturralde, Marcela Lagarde y de los Ríos, Julia Estela Monárrez Fragoso, Hilda Morales Trujillo, Mercedes Olivera, Patricia Ravelo Blancas, Katherine Ruhl, Montserrat Sagot, Rita Laura Segato, Alicia Schmidt Camacho, William Paul Simmons, Deborah M. Weissman, Melissa W. Wright