Mar 3, 2011 - International Crimes. Simeon P. Sungi, LL.B. (Hons), LL.M., M.A. ... Problem â Criminology as an academic discipline devoted to study crime.
The Forgotten Crimes: Criminology and the Study of International Crimes Simeon P. Sungi, LL.B. (Hons), LL.M., M.A.
Ph.D. candidate
March 3, 2011
Indiana University Bloomington
Overview 2
Research Description
Problem – Criminology as an academic discipline devoted to study crime has neglected to study international crimes Results – Criminology states reasons why it has neglected the study of international crimes, i.e., nullum crimen sine lege (p.16), harms are political (p.6)
Research Methodology – dual method, case study & comparative methodology
Key Findings/Results
International crimes are jus cogens, and most serious crimes that should be in criminology’s domain of study.
Conclusion – A criminology theory of international crimes ought to include
explanations from relevant disciplines to construct a causal model that can be empirically tested.
Assumptions 3
International crimes are a product of social behavior that are prohibited because they are declicti jus gentium.
Why criminology? – because it investigates social behavior, law making processes, breaking laws processes, and reaction to breaking of laws (Cressey, 1979, p. 457).
Prohibition of international crimes has universal value.
Their jus cogens character, treaty based, and customary international law, prohibition obligatio erga omnes.
Methodology 4
Case study & Comparative International crimes v. National crimes
International
crimes heinous nature are extreme compared to national “street” crimes
Kenya post-election violence case, Darfur atrocities case, Rwanda genocide case, and Srebrenica massacres case
Case studies 5
Kenya post election violence
Disputed election results
Case studies … cont’d 6
Kenya post election violence
International Crimes committed
Crimes Committed Crimes Against Humanity – rape, torture
Case studies … cont’d 7
Darfur Atrocities
International Crimes committed
War Crimes Crimes Against Humanity Genocide (possibly, as the ICC prosecutor intends to charge President Bashir with genocide).
Case studies … cont’d 8
Rwanda genocide
International Crimes committed
Genocide War Crimes Crimes Against Humanity
Case studies cont’d … 9
Srebrenica massacres
International Crimes committed
Genocide Crimes Against Humanity War Crimes
10
What is the difference? 11
International crimes distinguished from National crimes
International crimes involve communal engagement (social solidarity), extensive planning, coordination and implementation, mass violence, are jus cogens norms with universal prohibition.
National crimes “street crimes” lack the above elements in their totality.
Criminology Theory 12
What does Anomie theories, Disorganization theories, Learning theories and Rational Choice theories tell us about International Crimes?
These theories in part theorize on social backgrounds and their relationships to crime (not a criminal). Theorize on the role of a collective, i.e., learning of behavior. Fail to explain International crimes on a standalone basis, however, provide a foundation.
13
The future of supranational criminology Interdisciplinary approach to a theory International Crimes
Political and Economical theories
Sociological explanations
Psychological factors
Socio-cultural explanations
Anthropological and social construction
International law norm evolution
14
Rothe’s integrated theory of International Crimes Rothe (2009) constructs her theory borrowing the framework of mainstream criminology in her attempt to explain the etiology of International Crimes
Motivation
Opportunities
Constraints
Controls
Conclusion 15
Criminologists cannot continue to be bystanders in the quest of understanding the etiology of International Crimes.
Although the criminology theory provides a foundation on this understanding, a criminology of International Crimes needs an interdisciplinary approach to construct a causal model.
Bibliography
Please see the research for a list of a Bibliography.
17
Questions and Discussion
