"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"--

Asks whether governments choose the best institutional designs to enable effective measures against criminal trafficking.

This book investigates the relationships between political violence, social violence and economic violence using examples from South Africa, Northern Ireland, Lebanon and Syria. It examines the cultural impact of war and argues that a culture of violence can explain the high levels of violence which are frequently found in post-war societies.

From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milošević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime. Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.

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

Even when armed conflicts formally end, the transition to peace is not clear-cut. This comprehensive volume explores the mounting evidence which suggests that it is rather ‘unlikely to see a clean break from violence to consent, from theft to production, from repression to democracy, or from impunity to accountability’. The authors analyse the complex endeavour of transitioning out of war, studying how it is often interrelated with other transformations such as changes in the political regime (democratisation) and in the economy (opening of markets to globalisation). They explore how, in the same way as wars and conflicts reflect the societies they befall, post-war orders may replicate and perpetuate some of the drivers of war-related violence, such as high levels of instability, institutional fragility, corruption, and inequality. This book thus suggests that, even in the absence of a formal relapse into war and the re-mobilisation of former insurgents, many transitional contexts are marked by the steady and ongoing reconfiguration of criminal and illegal groups and practices. This book will be of great interest to students and researchers of political science and peace studies. It was originally published as an online special issue of Third World Thematics.

What is War Crime A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing, the granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity. How you will benefit (I) Insights, and validations about the following topics: Chapter 1: War Crime Chapter 2: Universal Jurisdiction Chapter 3: Crimes against Humanity Chapter 4: Unlawful Combatant Chapter 5: Law of War Chapter 6: Non-combatant Chapter 7: Nuremberg Principles Chapter 8: Victor's Justice Chapter 9: Nuremberg Charter Chapter 10: International Humanitarian Law (II) Answering the public top questions about war crime. Who this book is for Professionals, undergraduate and graduate students, enthusiasts, hobbyists, and those who want to go beyond basic knowledge or information for any kind of War Crime.

This book presents the concept of ‘unstaging’ war as a strategic response to the failure of the discourse and institutions of peace. This failure is explained by exploring the changing character of conflict in current and emergent global circumstances, such as asymmetrical conflicts, insurgencies, and terrorism. Fry argues that this pluralisation of war has broken the binary relation between war and peace: conflict is no longer self-evident, and consequentially the changes in the conditions, nature, systems, philosophies and technologies of war must be addressed. Through a deep understanding of contemporary war, Fry explains why peace fails as both idea and process, before presenting ‘Unstaging War’ as a concept and nascent practice that acknowledges conflict as structurally present, and so is not able to be dealt with by attempts to create peace. Against a backdrop of increasingly tense relations between global power blocs, the beginnings of a new nuclear arms race, and the ever-increasing human and environmental impacts of climate change, a more viable alternative to war is urgently needed. Unstaging War is not claimed as a solution, but rather as an exploration of critical problems and an opening into the means of engaging with them.

In this book, Erik Luna and Marianne Wade examine the considerable powers of the American prosecutor and look abroad in order to learn valuable lessons from a transnational examination of prosecutorial authority. They explore parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Through the varied topics covered by the contributors on both sides of the Atlantic, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.

It is widely observed that the study of war has been paid limited attention within criminology. This is intellectually curious given that acts of war have occurred persistently throughout history and perpetuate criminal acts, victimisation and human rights violations on a scale unprecedented with domestic levels of crime. However, there are authoritative voices within criminology who have been studying war from the borders of the discipline. This book contains a selection of criminological authors who have been authoritatively engaged in studying criminology and war. Following an introduction that ‘places war within criminology’ the collection is arranged across three themed sections including: Theorising War, Law and Crime; Linking War and Criminal Justice; and War, Sexual Violence and Visual Trauma. Each chapter takes substantive topics within criminology and victimology (i.e. corporate crime, history, imprisonment, criminal justice, sexual violence, trauma, security and crime control to name but a few) and invites the reader to engage in critical discussions relating to wars both past and present. The chapters within this collection are theoretically rich, empirically diverse and come together to create the first authoritative published collection of original essays specifically dedicated to criminology and war. Students and researchers alike interested in war, critical criminology and victimology will find this an accessible study companion that centres the disparate criminological attention to war into one comprehensive collection.