Beruflich Dokumente
Kultur Dokumente
While the scientic study of state crimes has increased over the last two decades, the
overall understanding of how to develop counter-strategies has remained underdeveloped in
criminology. This book focuses on practices and policies of resistance to many harmful
practices committed by states and their agents, such as genocide and war crimes, corruption
and fraud, and the failure to provide principled leadership for dealing with climate change.
This novel approach is exemplied through a number of excellent case-studies by worldclass authors. It should be on the shelf of academics, activists and the media, and of state
ofcials as well.
Stephan Parmentier, Professor at the Leuven Institute of Criminology (Belgium)
and Secretary General of the International Society for Criminology
Within criminology, the state is often ignored as an actor or represented as a neutral force.
While state crime studies have proliferated, criminologists have not paid attention to the
history and impact of resistance to state crime. This book recognizes that crimes of the state
are far more serious and harmful than crimes committed by individuals and considers how
such crimes may be contested, prevented, challenged or stopped.
Gathering together key scholars from the UK, USA, Australia and New Zealand, this
book offers a deepened understanding of state crime through the practical and analytical lens
of resistance. This book focuses on crimes ranging from gross violations of human rights,
such as genocide, war crimes, mass killings, summary executions, torture, harsh detention
and rape during war, through to entrenched discrimination, unjust social policies, border controls, corruption, fraud, resource plunder and the failure to provide the regulatory environment and principled leadership necessary to deal with global warming.
As the rst to focus on state crime and resistance, this collection inspires new questions
as it maps the contours of some unexplored territory. It is aimed at students and academics
researching state crimes, resistance, human rights and social movements. It is also essential
reading for all those interested in joining the struggles to centre ways of living that value
humanity and justice over power.
Elizabeth Stanley is Senior Lecturer in Criminology at Victoria University of Wellington,
New Zealand. Her research focuses on state crimes, detention, transitional justice and social
justice. Her book Torture, Truth and Justice was published by Routledge in 2009, and she
has written widely on issues of torture, terror and human rights. Most of her work has
explored how victims of state violence experience their victimization and their ensuing
attempts to seek recognition and justice.
Jude McCulloch is a Criminologist at Monash University. Her research focuses on state
terror, state violence and state crime. Her latest book, Borders and Crime: Pre-crime, Mobility and Serious Harm in an Age of Globalization (with Sharon Pickering), will be published
by Palgrave Macmillan in 2012. Her research includes police use of force, counter-terrorism
laws and policing, (in)security and the violence of incarceration. Her work describes and
analyses the growing integration of national security and law enforcement under conditions
of neoliberal globalization.
1 Sex Work
Labour, mobility and sexual services
Edited by JaneMaree Maher, Sharon Pickering and Alison Gerard
2 State Crime and Resistance
Edited by Elizabeth Stanley and Jude McCulloch
3 Collective Morality and Crime in the Americas
Christopher Birkbeck
4 Talking Criminal Justice
Language and the just society
Michael J. Coyle
Contents
Notes on contributors
Acknowledgements
List of acronyms and abbreviations
1 Resistance to state crime
ix
xii
xiv
1
14
DAVID O. FRIEDRICHS
28
41
RONALD C. KRAMER
54
MICHAEL GREWCOCK
68
84
ELIZABETH STANLEY
99
viii
Contents
114
128
ROB WHITE
141
WAYNE MORRISON
154
DAVID KAUZLARICH
168
183
199
DAWN L. ROTHE
210
RAYMOND MICHALOWSKI
225
Index
230
Contributors
Megan Blair graduated with a Ph.D. in History from Monash University, Australia, in 2008. She was research assistant on the ARC-funded project Justice
for All: A History of the Community Legal Centre movement in Victoria,
undertaken by Jude McCulloch. She has recently published an article on the
history of Community Legal Centres in the Alternative Law Journal.
Chris Cunneen is Professor of Justice and Social Inclusion in the Cairns Institute, James Cook University, Australia. His books include Juvenile Justice.
Youth and Crime in Australia (Oxford University Press, 2011), Indigenous
Legal Relations in Australia (Oxford University Press, 2009), The Critical
Criminology Companion (Federation Press, 2008) and Conict, Politics and
Crime (Allen and Unwin, 2001).
David O. Friedrichs is Professor of Sociology/Criminal Justice and Distinguished University Fellow at the University of Scranton, Pennsylvania, USA.
He edited State Crime, Volumes I & II (Ashgate, 1998) and has contributed
journal articles and book chapters on state crime.
Penny Green is Professor of Law and Criminology at Kings College London,
UK. She has written widely on state violence and corruption, with a particular
interest in Turkey. She is co-author with Tony Ward of State Crime (2004)
and the author of The Enemy Without: Policing and Class Consciousness in
the Miners Strike (1990), Drugs, Trafcking and Criminal Policy (1997),
and, Drug Couriers (1991). She is Co-Director of the International State
Crime Initiative (ISCI) and one of the Editors-in-Chief of the journal State
Crime.
Michael Grewcock is Senior Lecturer in Law and teaches criminal law and
criminology at the University of New South Wales, Australia. His specialist
areas of research include state crime and border policing. He is a member of
the editorial board for the journal State Crime.
David Kauzlarich is Professor of Sociology at Southern Illinois University,
Edwardsville, USA, where he has received several prestigious awards for his
teaching and research. His primary areas of expertise are state and corporate
Contributors
crime, victimology, music and society, and critical theory. His book Theorizing Resistance, an ethnographic study of punk rock music and resistance to
state and corporate crime, will be published in 2013 by Routledge.
Ronald C. Kramer is Professor of Sociology and Director of the Criminal Justice Programme at Western Michigan University, USA. His books include
Crimes of the American Nuclear State, State-Corporate Crime: Wrongdoing
at the Intersection of Business and Government, and State Crime in the
Global Age.
Jude McCulloch is Professor of Criminology at Monash University, Australia.
Her latest book, Borders and Crime: Pre-crime, Mobility and Serious Harm
in an Age of Globalization (with Sharon Pickering), will be published by Palgrave Macmillan in 2012. Her research includes police use of force and
counter-terrorism laws and policing.
Raymond Michalowski is Regents Professor of Criminology at Northern Arizona University, USA. His publications include Order, Law and Crime,
State-Corporate Crime and State Crime in the Global Age, along with writings on criminology theory, state, corporate and environmental crimes, and
the political reconstruction of memory.
Wayne Morrison is Professor of Law, Queen Mary University of London, UK.
He has published extensively on legal theory and criminology, with Criminology, Civilisation and the New World Order (Routledge) being a sustained
project to bring the history of genocide and colonialism into the criminological imagination.
Suthaharan Nadarajah is Lecturer at the Centre for International Studies and
Diplomacy, School of Oriental and African Studies, UK. His research examines how the international community seeks to expand global order through
frameworks which combine themes of security, development and liberal governance. He has published in Third World Quarterly, Security Dialogue and
several edited volumes.
Christina Pantazis is Senior Lecturer in the School for Policy Studies at the
University of Bristol, UK. She has co-authored a number of chapters and articles on the UKs war on terror.
Simon Pemberton is Research Fellow at the University of Birmingham, UK. He
has co-authored a number of chapters and articles on the UKs war on terror.
Sharon Pickering is Professor of Criminology, Monash University, Australia. She
has previously worked in Northern Ireland, on counter-terrorism policing, refugees and trafcking, and human rights and women in South East Asia. She currently leads a series of Australian Research Council projects focusing on the
intersections of security and migration and has recently taken up an Australian
Research Council Future Fellowship on Border Policing and Security. She is
also the Editor of the Australian and New Zealand Journal of Criminology.
Contributors
xi
Acknowledgements
The inspiration for this volume grew out of an increasing uneasiness about a
state crime eld that paid close attention to the abuse of state power but failed to
take into account the various ways in which individuals, social movements and
academics have opposed, challenged and resisted state crime. Much of the credit
goes to students in state crime courses who were eager to nd hope in the face of
the reality of state crime.
The foundation for this volume was laid at a roundtable on state crime and
resistance held in Wellington, hosted by Elizabeth Stanley and funded by Victoria University of Wellington, in January 2010. We are grateful to all those who
attended the roundtable travelling from Australia, North America and the
United Kingdom and who generously shared the ideas that helped to shape this
volume and provide the framework for all of the chapters that follow.
The success of a book such as this depends on the contributors. The originality and quality of the chapters made our editorial role extremely rewarding.
When we set out to extend state crime scholarship to encompass resistance, we
never anticipated that we would learn so much or travel so far. That the volume
exceeded our expectations in shedding light on state crime and resistance is due
to the insights and commitment of each of the authors. In particular, we thank
them all for being responsive to our suggestions and willing to write to tight
deadlines and within the restraints of style and space necessarily imposed in a
joint project such as this.
We extend our warmest thanks to our criminology colleagues at Victoria
University of Wellington, New Zealand, and at Monash University, Australia.
The collegial environment at each of these institutions has provided the
support and critique, productivity and distraction, in just the right doses to
allow this project to proceed to fruition. We also want to acknowledge the
welcome and stimulating contribution of our students, who add immeasurably
to the intellectual culture that provides fertile ground for original ideas and
research.
Thanks also to the team at Routledge for supporting the project and ensuring
it passed muster. A special thanks to copy editor Julia Farrell, whose careful
attention to detail made it a much better book. Jude McCulloch is also grateful to
the Australian Research Council for Discovery Grant DP0879533.
Acknowledgements xiii
Finally, thanks to our partners, Mark Minchinton and Andy Atkinson, two
ne fellows who always go above and beyond, putting up with the distraction
that inevitably attends academic life in general and the writing and editing that
goes into a book such as this in particular. Special thanks also to Otis McCulloch; as a member of a (much) younger generation, he will no doubt nd ways of
resisting that we havent even begun to imagine.
AAL
ALS
CLC
CSO
ECHR
FAIRA
FCAATSI
FLS
FP
HFC
ICC
IPCC
ISCI
JCHR
MIFEE
MPA
MPS
MRP
NASA
NGO
NSA
NSW
NZ
OPM
QLD
TPIM
TULF
UNEP
UNSC
WA
In the middle of even the most grotesque of state crimes, such as genocide, there
are extraordinary tales of courage, rescuing and resistance. Acts of altruism, compassion and pro-social behaviour are woven into the social fabric.
(Cohen 1993: 113)
On one level, state crime literature has helped to confront what Stanley Cohen
(2001) terms denial. Cohens seminal work catalogues and describes the
various strategies states use to justify, excuse or downplay involvement in atrocities. Naming the state as criminal and exposing the way that states work to hide
or obscure state-perpetrated crimes challenges this denial. Cohen, however, is
alive to numerous subtleties and the complex ways that observers or bystanders
shut out confronting stories and distance themselves from taking action. People
may fail to act against state crime because they are unable to conceive of any
actions that might be effective. State crime scholarship, by highlighting the
power and impunity of the state, without adequate attention to the ongoing
history of resistance, paradoxically may consolidate state power by creating a
sense of powerlessness, undermining peoples condence to act. The failure of
state crime scholars to include resistance as a core aspect of the study of state
crime may lead to feelings of despair, disinterest or impotence among students
and other audiences and, owing from this, states of mind that facilitate passivity, even in the face of irrefutable knowledge about state crimes.
A failure to engage with resistance is also a failure to acknowledge history
from below. Peoples struggles against power may, as Milan Kundera (1978:
3) puts it, be the struggle of memory against forgetting. State power and
impunity is always opposed in some way and by some people, and through these
struggles history is made. In 2011, Time Magazine named The Protester as
Person of the Year; with the rise of new technologies, protests have been
relayed in real time and have inspired others around the world. Yet protest is, of
course, not new. Many of the most inspiring and dramatic milestones in the
course of human history have involved protests and other acts of resistance (see,
for example, Roberts and Ash 2009). It is not only the dramatic and infamous
that warrant attention, however. To understand state crime and resistance, criminologists need to include the study of the everyday harms and violence that are
embedded within the fabric of society. Focusing on state crimes and resistance
exclusively in the context of the foremost exemplars of state crime risks overlooking the pervasive state-perpetrated violence and harms that occur as normalized, hidden or denied aspects of society, including in democratic states.
With this in mind, this collection focuses on resistance to crimes ranging from
gross violations, such as genocide, war crimes, mass killings, summary executions, torture, harsh detention and rape during war, through to entrenched discrimination, unjust social policies, border controls, corruption, fraud, resource
plunder and the failure to provide the regulatory environment and principled
leadership necessary to deal with global warming.
The following three chapters consider the role of criminologists in resistance
practices. Friedrichs (Chapter 2) reects on the revolutions of the Arab Spring
and considers the engagement of mainstream and critical criminologists in
exposing state harm and violence. Following that, Green and Ward (Chapter 3)
detail the importance of civil society as a counterweight to state crime, and
the role of criminologists in researching how civil societies are built and maintained in contexts of widespread state violence. Kramer (Chapter 4) calls on
10
the law, as well as dominant ideologies that states are good, protective and
democratic (Agamben 1998; McEvoy 2008). Furthermore, resisters continually
reiterate power through the act of resistance because the terms of resistance are
established and bounded by the powers that are being opposed (Butler 1997).
The language used by resisters can merely reassert state principles or be readily
subject to appropriation. For instance, building a critique of a state for not living
up to certain principles such as human rights is an acceptance and potential
strengthening not only of those principles but also of the state power behind
them (Pickett 1996). Such a route can also be a means for Western states and
their resisters to embed power and impose their own norms onto other states and
cultures (Green and Ward; cf. Rothe). Similarly, resistance discourses can be
reappropriated by bystanders for their own ends the images and stories of
resistance can be drafted onto hip clothing, books and Internet sites, earning their
sellers status or money at the expense of those who have been victimized by
state crime.
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