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This book provides an analysis of how penal discourses are used to legitimate post-Cold War military interventions through three main case studies: Kosovo, Iraq and Libya. These cases reveal the operation of diverse modalities of punishment in extending the ambit of international liberal governance. The argument starts from an analysis of these discourses to trace the historical arc in which military interventions have increasingly been launched through reference to both the human rights discourse and humanitarian sentiments, and a desire to punish the perpetrators. The book continues with the analysis of practices involved in the post-intervention phase, looking at the ways in which states have been established as modes of governance (Kosovo), how punitive atmospheres have animated soldiers’ violence in the conduct of war (Iraq), and finally how interventions can expand moral control and a system of devolved surveillance in conjunction with both border control and the engagement of the International Criminal Court (Libya). In all these case, tensions and ambiguities emerge. These practices underscore how punitive intents were also present in the expansion of liberal governance, demonstrating how the rhetoric of punishment was useful in legitimating Western state powers and recomposing the borders of the liberal world at the periphery. War as Protection and Punishment ends with a number of critical comments on the diffusion of punitive discourse in the international arena, considering how issues of crime and justice have also animated, at least in part, the current engagement with the Russian invasion of Ukraine. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics and those interested in how penal discourses are used to legitimize military conventions.
"This book provides an analysis of how penal discourses are used to legitimate post-Cold-War military interventions through three main case studies: Kosovo, Iraq and Libya. These cases reveal the operation of diverse modalities of punishment in extending the ambit of international liberal governance. The argument starts from an analysis of these discourses to trace the historical arc in which military interventions have increasingly been launched through reference to both the human rights discourse and humanitarian sentiments, and a desire to punish the perpetrators. The book continues with the analysis of practices involved in the post-intervention phase, looking at the ways in which states have been established as modes of governance (Kosovo), how punitive atmospheres have animated soldiers' violence in the conduct of war (Iraq), and finally how interventions can expand moral control and a system of devolved surveillance in conjunction with both border control and the engagement of the International Criminal Court (Libya). In all these case, tensions and ambiguities emerge. These practices underscore how punitive intents were also present in the expansion of liberal governance, demonstrating how the rhetoric of punishment was useful in legitimating Western state powers and recomposing the borders of the liberal world at the periphery. War as Protection and Punishment ends with a number of critical comments on the diffusion of the punitive discourse in the international arena, considering how issues of crime and justice have also animated, at least in part, the current engagement with the Russian invasion of Ukraine. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics and those interested in how penal discourses are used to legitimise military conventions"--
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
A narrative-driven exploration of policing and the punishment of disadvantage in Chicago, and a new vision for repairing urban neighborhoods For people of color who live in segregated urban neighborhoods, surviving crime and violence is a generational reality. As violence in cities like New York and Los Angeles has fallen in recent years, in many Chicago communities, it has continued at alarming rates. Meanwhile, residents of these same communities have endured decades of some of the highest rates of arrest, incarceration, and police abuse in the nation. The War on Neighborhoods argues that these trends are connected. Crime in Chicago, as in many other US cities, has been fueled by a broken approach to public safety in disadvantaged neighborhoods. For nearly forty years, public leaders have attempted to create peace through punishment, misinvesting billions of dollars toward the suppression of crime, largely into a small subset of neighborhoods on the city’s West and South Sides. Meanwhile, these neighborhoods have struggled to sustain investments into basic needs such as jobs, housing, education, and mental healthcare. When the main investment in a community is policing and incarceration, rather than human and community development, that amounts to a “war on neighborhoods,” which ultimately furthers poverty and disadvantage. Longtime Chicago scholars Ryan Lugalia-Hollon and Daniel Cooper tell the story of one of those communities, a neighborhood on Chicago’s West Side that is emblematic of many majority-black neighborhoods in US cities. Sharing both rigorous data and powerful stories, the authors explain why punishment will never create peace and why we must rethink the ways that public dollars are invested into making places safe. The War on Neighborhoods makes the case for a revolutionary reformation of our public-safety model that focuses on shoring up neighborhood institutions and addressing the effects of trauma and poverty. The authors call for a profound transformation in how we think about investing in urban communities—away from the perverse misinvestment of policing and incarceration and toward a model that invests in human and community development.
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Accompanying CD-ROM contains graphic footage of various war wound surgeries.
When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations.
Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? Jeff McMahan argues that conditions in war make no difference to what morality permits and the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. McMahan argues, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause.