Articles

Beyond the Juristic Orientation of International Criminal Justice: The Relevance of Criminological Insight to International Criminal Law and its Control

Dawn L. Rothe et al. — Mon, 03 Dec 2012 09:15:38 PST

This article draws attention to the relevance of criminological insight on issues of international criminal law and criminal justice. In particular, the ideology and theory of deterrence, legitimacy, and international criminal law are drawn from. After all, the deterrent effect has been touted as a solid empirical fact with the progression and development of 'international criminal justice', the international tribunals since the mid 1990s, and the International Criminal Court. Yet, the current rather blind belief in the deterrent impact of international criminal justice remains, regretfully, a bit premature. Additionally, beyond the concepts of deterrence and legitimacy, criminologists have much to contribute to international criminal justice. As noted, there are social, political, cultural, and geographical issues that play a role in not only crime commission, but in the hindrance of and/or facilitation of deterrence. Criminologists are well positioned to show how these connections may facilitate or hinder the broader goals of the legal community.

The Death of State Sovereignty? An Empirical Exploration

Dawn L. Rothe et al. — Mon, 03 Dec 2012 09:15:36 PST

As academics have become increasingly interested in globalization, scholars in many fields have turned their attention to theorizations of the state and state power. Admittedly, most criminologists have paid relatively attention to theories of the state, its function, role, or issues of sovereignty (save for Barak, 1991; Chambliss and Zatz, 1993; Friedrichs, 1992; Michalowski and Kramer, 1987; Mullins and Rothe, 2008; Rothe and Mullins, 2006, 2007, 2008). With the growing criminological interest in and focus on transnational crimes (Friedrichs, 2007), crimes of globalization (Friedrichs and Friedrichs, 2002; Rothe, Mullins, and Muzzatti, 2006; Rothe, Mullins and Sandstrom, 2008), and crime of the state (Kramer et. al., 2005; Michalowski and Kramer, 2006; Rothe and Mullins, 2008), there has been a corresponding shift in the view of the state: one in a ‘globalized’ framework. Many scholars have suggested that the state has been reduced to nothing more than a facilitator of global political, legal, and economic system. As criminologists of state crime, we find this position problematic for the conceptualization and study of governmental crime. We feel that proclaiming states and state sovereignty as eroding and/or dead is premature. In this paper we explore one area in which states seem to be voluntarily abdicating certain elements of sovereignty—the entering into of international treaties. Specifically, we examine how states protect their sovereignty through entering reservations to treaties being signed and ratified. Our findings suggest that despite greater attention in global consciousness amongst countries and economies, states intensely protect their right to self-determination while signing and ratifying treaties, compacts and other international agreements. After providing a detailed discussion of these findings, we conclude that state sovereignty is not eroding and is far from dead.

“We are going to rape you and taste Tutsi women”: Rape During the 1994 Rwandan Genocide

Christopher W. Mullins — Mon, 03 Dec 2012 09:15:35 PST

Over the past decades, scholars have paid greater attention to sexual violence, in both theorization and empirical analysis. One area which has been largely ignored, however, is the sexual violence during times of armed conflict. This paper examines the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide. Drawing upon testimonies given to the International Criminal Tribunal for Rwanda (ICTR), descriptions of rapes--both singular and mass—were qualitatively analyzed. In general, three broad types of assaults were identified: opportunistic, assaults which seemed to be a product of the disorder inherent within the conflict; episodes of sexual enslavement; and genocidal rapes, which were framed by the broader genocidal endeavors occurring at the time.

Toward a Criminology of International Criminal Law: An Integrated Theory of International Criminal Violations

Dawn L. Rothe et al. — Mon, 03 Dec 2012 09:15:34 PST

Violations of international criminal law (i.e., genocide, crimes against humanity, and war crimes) are a common occurrence around the globe. One need only to read international news, visit intra‐governmental (e.g., United Nations or the International Committee Red Cross), or nongovernmental organizations (e.g., Human Rights Watch or Amnesty International) to be exposed to the vast numbers of crimes of states, paramilitaries, and/or militias. Nonetheless, there has been relatively little attention paid to these types of offenses by criminologists. While there have been developments in creating typologies (Smeulers, 2008) and predictive models for genocide (Harf, 2005), due to the complexities and various forms of these types of crimes, there has been little to no development of a criminological theoretical model that can aid in the analysis of such crimes. Our goal is to firmly place international crimes on the criminological agenda by creating additional awareness of and interest in the most massive, systematic, and gruesome types of crime‐genocide, crimes against humanity, war crimes, and crimes of aggression‐and to introduce an integrated theory that can provide a frame for a systematic analysis and understanding of the etiological factors at play.

“He Would Kill Me With His Penis”: Genocidal Rape in Rwanda as a State Crime

Christopher W. Mullins — Mon, 03 Dec 2012 09:15:33 PST

Only recently have critical criminologists begun a systematic exploration of genocide, war crimes and crimes against humanity as state crimes (Kramer and Michalowski 2005; Mullins and Rothe 2008; Haveman and Smeulers 2008). This paper contributes to that growing literature through examining the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide. It draws upon empirical examination of events depicted in transcripts of trials held before the International Criminal Tribunal for Rwanda. It qualitatively examines the role of leaders in producing mass sexual assaults. It explores how sexual mutilations were more intense expressions of what the genocide’s local leaders hoped to accomplish through the use of rape in the event. It also explores long-term results of victimization for survivors. Finally, this paper then uses an integrated theory of state crime (see Mullins and Rothe 2008; Rothe and Mullins 2006, 2008a) to illuminate the causal forces at play on multiple levels of analysis in producing the sexual violence specifically within the broader genocide.

Temporal, Situational and Interactional Features of Women’s Violent Conflicts

Christopher W. Mullins et al. — Mon, 03 Dec 2012 09:15:32 PST

This article examines contextual and situational influences on the processural development of women's violent conflicts. Through close analysis of 3 women's accounts of their disputes and associated violent behaviours, we provide a rich description of how such events evolved over time and how the interviewees managed this process. Drawing upon both criminological and feminist theories, our analysis highlights existing gaps in the literature, providing an exploratory discussion of the interaction of gender with situational elements and the production of assaultive events.

Establishing Connections: Gender, Motor Vehicle Theft, and Disposal Networks

Christopher W. Mullins et al. — Mon, 26 Nov 2012 09:11:53 PST

As with most other serious street crimes, motor vehicle theft is a male-dominated offense. Yet, women do engage in motor vehicle theft, albeit at a reduced rate of participation. Here we examine the gendered nature of motor vehicle theft through direct comparison of qualitative data obtained from 35 juvenile and adult men and women actively involved auto theft in St. Louis, Missouri. By tracing similarities and differences between men’s and women’s pathways of initial involvement, enactment strategies, and post-theft acts, we provide a contextual analysis of offender’s perceptions and behavior. Such an approach allows a more precise discussion on gender’s influence (or lack of) on motor vehicle theft. Analysis shows that initiation into auto theft and property disposal networks are governed by male gatekeepers, and this leads to some key similarities in techniques between men and women. The ways in which women negotiate male-dominated networks is also discussed with particular emphasis on the innovative strategies they draw upon to accomplish their crimes within these landscapes and when opportunities are constrained by male gatekeepers.

Gendered Imprisonment in Japan: An Examination of Imprisonment for Stimulant Drug Offenses

Christopher W. Mullins et al. — Mon, 26 Nov 2012 09:11:52 PST

Japan is well known as a society that has not only low crime rates but also for using incarceration sparingly, sending few convicted offenders to prison. Yet, certain crimes, such as drug offenses, receive little leniency in the Japanese criminal justice system. Johnson (1996b) found empirical support for both a chivalry and evil woman effect in the system’s treatment of female drug offenders. This paper reexamines and extends the core issues in Johnson’s (1996b) exploration of women’s imprisonment in Japan. It traces the patterns in female incarceration where data is available from the post-war period until 2004. It specifically examines the incidences of incarceration of women for stimulus drug offenses and identifies key correlates on the macro-level associated with changes in imprisonment practices.