Based on culture or religion, some nations may have different crimes or definitions of crime. How can this be reconciled to have an international standard to measure crime? Is it even necessary to do so?
This discussion brings up the notion of sovereignty. I believe that every nation has the responsibility to protect its citizens through local laws and democratic processes. As a result, certain values and ethics are highlighted within broader communities, contributing to differing laws from one country to another.
An Example of Local Laws
For example, the legal drinking age in South Africa is 18 years old. Technically speaking, failure to comply with these rules and regulations can lead to R1,000,000 (approximately $54,317) fine or up to five years behind bars, and establishments that sell alcohol to minors risk losing their liquor licenses.
However, these penalties are reserved for the most serious offenders and are seldom exercised (Law 101, 2021). Unfortunately, South Africa has a heavy drinking culture, and lobby groups are putting pressure on the government to raise the legal drinking age to 21 (World Health Organization, 2018).
In the United States, the legal drinking age is 21 years old. If caught purchasing, consuming, or possessing alcohol while underage, it is normally a misdemeanor criminal offense. Punishment may include fines, attending alcohol counseling or classes, performing hours of community service, and getting a driver’s license revocation. Some believe that lowering the legal drinking age to 18 will reduce the number of offenders (Griggs, 2015).
I do not aim to argue which drinking age is more effective in preventing alcohol abuse or related tragedies, but only to show the existing law of each country and how the talk of change is based on the social culture.
Do We Need to Reconcile These Laws?
In this instance, I do not think it is necessary to reconcile these laws to meet an international standard, as the drinking age in South Africa has little to no effect on the citizens of the United States (or vice versa). It is the responsibility of the national government and lawmakers to make democratically-founded decisions that serve the best interest of their citizens (based on culture and religion, among other factors).
This argument may take a different direction when considering non-democratic countries where the voices of the people are not always heard, and there is the risk of damaging authoritarian rule.
Holding Certain Laws to an International Standard
However, there are certain laws that I do believe should be held to an international standard. In particular, customary international laws and customary international humanitarian laws are important to consider as the world becomes increasingly globalized and different cultures and religions share the same space.
These laws, such as the principle of non-refoulment, are fundamental to preserving human life, help to regulate transnational organized crime, and recognize the basic rights and fundamental freedoms of all human beings (Jensen, 2016).
As the world becomes increasingly globalized, these laws help protect citizens and regulate crime when local laws are ineffective or irrelevant.
References
- Griggs, B. (January 4, 2015). Should the U.S. lower its drinking age? CNN. Retrieved on 16 March 2023 from https://edition.cnn.com/2014/07/16/us/legal-drinking-age/index.html
- Jenson, E. (2016). Introduction to the Laws of Kurdistan, Iraq: Working Paper Series, Transnational Criminal Law. Standford Law School and the American University of Iraq Sulaimani. Retrieved on 16 March 2023 from https://law.stanford.edu/wp-content/uploads/2018/04/ILEI-Transnational-Crim-Law-2016.pdf
- Law 101. (July 5, 2021). What is the law on underage drinking? Retrieved on 16 March 2023 from https://law101.org.za/what-is-the-law-on-underage-drinking/
- World Health Organization. (2018). Global status report on alcohol and health 2018. Retrieved on 16 March 2023 from https://apps.who.int/iris/bitstream/handle/10665/274603/9789241565639-eng.pdf
Why do you believe the United States has decided against submitting to the international criminal court’s jurisdiction?
What is the International Criminal Court?
The International Criminal Court (ICC) is an intergovernmental organization and international tribunal that “investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity, and the crime of aggression.”
What Is the Purpose of the ICC?
While the ICC is not without its shortcomings, it introduces global accountability and strives to achieve justice for victims in situations where domestic courts cannot do so.
The ICC strives to uphold the promise of universal justice by investigating, prosecuting, and trying individuals accused of the most serious crimes of concern to the international community on condition that the crime(s) occurred after the Rome Statute took effect in 2002.
The ICC and the United States
Not only has the United States decided against submitting to the International Criminal Court (ICC), but national leaders have vocally opposed the ICC. Perhaps the most poignant reason is the perceived threat the ICC presents to the state's sovereignty (BBC News, 2018), as the ICC asserts itself when a state refuses (or fails) to use the domestic criminal justice system to bring justice to the perpetrator(s) of egregious crimes.
There is also the concern of the US military becoming vulnerable to prosecution for war crimes worldwide, possibly as the target of politically-motivated attacks (Krcmaric, 2022). The effectiveness, efficiency, and reliability of the ICC have also been the topic of criticism, often without considering the significant challenges that the ICC faces, which includes a difficult relationship with the world’s great powers, such as the United States and Russia.
I disagree with the United States’ decision, which can be considered short-sighted and aggressive. For example, the United States has threatened tough action against the ICC if it attempts to prosecute Americans for alleged war crimes in Afghanistan (BBC News, 2018).
In another example, Donald Trump’s attack on the ICC highlighted his contempt for the global rule of law (Evenson, 2020). As a former powerful leader, this sends a very dangerous message.
The United State’s disregard for the ICC does not appear to focus on the alleged lack of efficiency or results but on self-preservation. This siloed approach to global justice is concerning and seemingly unfounded, especially considering that the ICC is a last resort for crimes that can not (or will not) be addressed in domestic courts.
The Need for State Collaboration
Without a police force or army, the ICC relies on state cooperation to detain alleged perpetrators. Essentially, this means that the United States still has control over managing criminal allegations before it is presented to the ICC unless an extradition treaty muddies the waters (IntlCriminalCourt, 2021).
Legally, the ICC’s jurisdiction limits its power. The intergovernmental organization does not develop new international law but only seeks to consolidate established rules of customary international law that cover crimes against humanity, genocide, war crimes, and crimes against humanity (Schloenhardt, 2005).
The ICC process involves lengthy and thorough investigations. When an alleged perpetrator is summoned, there is surmountable evidence and a strong belief that they have committed a crime that shocks the conscience of humanity (IntlCriminalCourt, 2021). If finding justice for egregious crimes is considered a threat, then it suggests something sinister at play. As Schoenhardt continues to point out, countries are quicker to put their sovereignty ahead of criminal justice (2005).
Even with the processes mentioned above and safeguards, it’s not uncommon for powerful international and intergovernmental organizations to be accused of threatening a state's sovereignty. For example, legal scholars tend to view Interpol’s increasing cooperation in police matters as an assault on the sovereignty of states (Calcara, 2021). Unfortunately, the misuse and abuse of tools and processes is an unavoidable risk to global cooperation — but what is the alternative aside from improved accountability?
A Step Toward Global Justice?
Collaboration and solutions are key to managing global problems, and trust and accountability are needed to ensure smooth processes. The ICC is tackling a mammoth task, and there are bound to be teething issues along the way.
However, systems of accountability and fairness are incorporated within the organization. Consider Ohansen’s description of the ICC’s use of its direct, physical power with the Detention Center, which prioritizes different channels for accessibility, participation, and neutrality (2020). The United States’ aggressive opposition to the ICC appears to be founded in an attempt to avoid responsibility for alleged war crimes and hold onto power when it best suits them.
References
- BBC News. (2018, October 3). Why is the International Criminal Court under attack? - BBC News. [Video]. YouTube. https://youtu.be/CxfHYjg6MOU
- Calcara, G. (2021). Balancing International Police Cooperation: INTERPOL and the Undesirable Trade-off Between Rights of Individuals and Global Security. Liverpool Law Review, 42(2), 111-142.
- Evenson, E. (2020, October 28). Donald Trump's attack on the ICC shows his contempt for the global rule of law. Human Rights Watch. Retrieved March 5, 2023, from https://www.hrw.org/news/2020/07/06/donald-trumps-attack-icc-shows-his-contempt-global-rule-law
- IntlCriminalCourt. (2021, January 27). The ICC Process. [Video]. YouTube. https://youtu.be/ydtgSB9jROw.
- Krcmaric, D. (2022, May 16). Does the International Criminal Court target the American military?: American Political Science Review. Cambridge Core. Retrieved March 5, 2023, from https://www.cambridge.org/core/journals/american-political-science-review/article/does-the-international-criminal-court-target-the-american-military/C05172E34444A01BFEC7BD09436D2B9D
- Ohansen, S. (2020). Case Study: The ICC Detention Centre. In The Human Rights Accountability Mechanisms of International Organizations (pp. 232-284). Cambridge: Cambridge University Press.
- Schloenhardt, A. (2005). Transnational organized crime and the International Criminal Court developments and debates. University of Queensland Law Journal, 24(1), 93-122.
Do you believe criminologists need to take an ‘internationalist’ perspective toward criminological research on topics such as genocide and mass violence?
I believe that it will be useful for criminologists to take an “internationalist” perspective toward criminological research on the topics of genocide and mass violence, but only as a starting point to understand better the framework for why these crimes occur (and how to effectively prevent these crimes from escalating).
The Need for a Local Approach
However, I disagree that there is a one-size-fits-all approach, meaning that a more local, focused approach should be considered after using an existing theory as a baseline to consider the situational aspects, such as ideology, obedience to authority, escalating commitment, and adaptation to group norms (Harrendorf, 2014).
For example, consider two tragic genocides in recent history - the Rwandan genocide and the Holocaust. In both instances, dehumanization occurred to neutralize the killing of a certain group of people (Harendorf, 2014). Tutsis in Rwanda were labeled cockroaches by the Hutu, while Jews in Germany (and Europe) were labeled as rats by the Nazis.
However, the conditions and causes of the genocides are arguably different.
The source of conflict in Rwanda can be attributed to colonial heritage, chronic bad governance, and inadequate and conflict-generating political systems, among other factors (Shyaka, n.d ).
In Nazi Germany, a gang of Nazi criminals with deeply-embedded anti-Semitic beliefs hijacked the institutions of the government, also among other factors (Maier-Katkin et al., 2009). From here, they ruled by igniting fear and nationalism (Snyder, 2018). Although, Neubacher presents the possibility that crimes like the Holocaust are “inherently unclassifiable, as they portray a unique, incomparable and incomprehensible incident” (2006).
With this in mind, we need to consider social psychology and sociology, which lay the groundwork for criminological theories, which are key to understanding decision-making. Yet again, there is no single copy-and-paste solution to making sense of genocide (if that is possible at all).
The Role of National Culture and Local Politics
I believe that national culture and local politics have an equal, if not more significant, impact on the causes of genocide than existing criminological theories applied on an international level. These theories should be modified for the scale of the crime applied to the specific situation.
As Harrendorf suggests, a modification is necessary when considering known criminological concepts and theories, keeping an open mind that completely new approaches may need to be developed after closer assessment (2014).
An Additional Thought
Finally, I’d like to suggest that individual theories can be applied to people in power, escalating the individual theory to a state level. Consider how a drug cartel leader will have influence and command obedience over a gang motivated by his own needs. What’s to say that a highly influential political leader could not have the same influence over a desperate or unstable society?
Again, existing theories, such as rational choice theory, could be applied to this situation, triggering mass violence through the control balance theory, as an example (Karstedt et al.). A power-hungry leader develops a strategy using cost-benefit analysis, and the imbalance in power leads to mass deviant behavior.
References
- Harrendorf, S. (2014). How can criminology contribute to an explanation of international crimes? Journal of International Criminal Justice, 12(2), 231-252.
- Karstedt. S., Nyseth Brehm, H., & Frizzell, L.C. (2021). Genocide, Mass Atrocity, and Theories of Crime: Unlocking Criminology’s Potential. Annual Review of Criminology, 4, 75-97
- Maier-Katkin, D., Mears, D.P., & Bernard, T.J. (2009). Towards a criminology of crimes against humanity. Theoretical Criminology, 13(2), 227-255
- Neubacher, F. (2006). How can it happen that horrendous state crimes are perpetrated? An overview of criminological theories.
- Shyaka, A. (n.d). The Rwandant Conflict: Origin, development, exit strategies. Retrieved February 19, 2023, from https://repositories.lib.utexas.edu/bitstream/handle/2152/4746/3833.pdf;sequence=1.
- Snyder, T. (2018, June 14). How did the Nazis gain power in Germany? The New York Times. Retrieved February 19, 2023, from https://www.nytimes.com/2018/06/14/books/review/benjamin-carter-hett-death-of-democracy.html
Are there signs/indicators that genocide is being planned or systematically carried out? How can the international community reduce the crime of genocide?
History shares horrifying stories of genocide, such as the Holocaust, where Nazis planned to kill all European Jewish people, the Rwandan genocide, which targeted the minority Tutsi community, and the Bosnian genocide, which followed the aftermath of the disintegration of Yugoslavia.
While the specific circumstances in each of these genocides differ slightly, there are some common signs and indicators that suggest genocide is planned and/or systematically carried out.
What is Genocide?
The 1948 Convention on the Prevention and Punishment of the Crime of Genocide describes genocide as "... acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group..."
Examples of genocide include the following.
Rwandan Genocide
Between 1941 and 1945, Nazi Germany and collaborators systematically targeted Jewish people across German-occupied Europe. Approximately six million European Jews were killed. Between 491,000 - 800,000 were killed.
The Holocaust
Between 7 April and 15 July 1994, members of the Tutsi minority ethnic group and moderate Hutu and Twa were killed by armed Hutu militias. Between 491,000 - 800,000 were killed.
Srebrenica Massacre
The Army of Republika Srpska executed the Srebrenica massacre, slaying Bosnian Muslim boys and men in July 1995. More than 7,000 Bosniaks were killed.
Cambodian Massacre
Khmer Rouge, under the leadership of the Communist Party of Kampuchea general secretary Pol Pot, executed a systematic persecution and killing of Cambodian citizens between April 1975 - January 1979. Approximately 1.5 to 2 million people were killed.
Understanding Genocide Using Criminological Theories
Some criminological theories offer a starting point for understanding how genocide is carried out, indicating that genocide is being planned or systemically executed. In particular, collective forms of crime, white-collar and corporate crime, and other organized crime are used to analyze genocide (Karstedt et al. 2021).
By aligning genocide with these theories, it becomes apparent that genocide crimes involve collective preparation, cooperation, and organization. On the one end, there are complex networks, organizational relationships, and hierarchies. On the other end, there are loosely based groups performing atrocities. In genocide, the state and state agencies present the former, while rebel groups, militias, and paramilitaries represent the latter (Karstedt et al., 2021).
Preventing and Reducing Genocide
Regarding the prevention or reduction of genocide crimes, an analytical assessment of the country’s availability of resources, historical tension between ethnic groups, and political manipulation should be understood as key contributing factors to genocide.
For example, the genocide in Rwanda was triggered by a combination of land and food shortages, rapid population growth, a long history of ethnic tension between the Hutu and Tutsi (and Twa), and the propaganda-fueled authoritarian rule of dominant persons (Magnarella, 2005).
Rather than focus on warning signs for individual perpetrators, state- and community-level structural risk factors are typically associated with mass atrocity and genocide (Karstedt et al. 2021). The strongest risk factor includes political upheaval and a threat to those in power.
With the above signs and indicators in mind, I’d argue that the exact moment when mass execution begins is less easy to predict or monitor as a cataclysmic event may trigger it. For example, many attribute the start of the Rwandan genocide to President Habyarimana was killed after his plane was shot down, serving as the “straw that broke the camel’s back.”
Struggles Facing the International Community
Over and above the immense resources required to intervene, the international community faces an incredibly difficult challenge in reducing the crime of genocide. Most notably, the existing political relationships in a globalized community.
As Bernard describes, “Neither public outrage nor factual evidence of extreme atrocities will motivate governments to go to war unless other interests, foreign and domestic, also dictate it (1994).
As an example, the US actively discouraged the UN Secretary Council from authorizing more robust deployment from assisting in Rwanda, which former American President Bill Clinton claims to be the biggest regret of his presidency (TRT World, 2021). With this in mind, I’d argue that a non-governmental organization, such as the United Nations, would be more effective in assessing opportunities for intervention (and judging when intervention is needed).
As a starting point, vigilance and early intervention through diplomatic discussions are avenues through which the international community can respond.
References
- Karstedt, S., Nyseth Brehm, H., & Frizzell, L. C. (2021). Genocide, Mass Atrocity, and Theories of Crime: Unlocking Criminology's Potential. Annual Review of Criminology, 4, 75-97
- Magnarella, P. J. (2005). The background and causes of the genocide in Rwanda. Journal of International Criminal Justice, 3(4), 801-822.
- Bernard, C. (1994). Rape as terror: the case of Bosnia. Terrorism and Political Violence, 6(1), 29-43.
- TRT World. (2021). What led to the genocide in Rwanda? [Video]. YouTube.Retrieved February 12, 2023, from https://youtu.be/RphYwV91MN4