Prosecuting Political Violence

This volume unpacks the multidimensional realities of political violence, and how these crimes are dealt with throughout the US judicial system, using a mixed methods approach. The work seeks to challenge the often-noted problems with mainstream terrorism research, namely an overreliance on secondary sources, a scarcity of data-driven analyses, and a tendency for authors not to work collaboratively. This volume inverts these challenges, situating itself within primary-source materials, empirically studied through collaborative, inter-generational (statistical) analysis. Through a focused exploration of how these crimes are influenced by gender, ethnicity, ideology, tactical choice, geography, and citizenship, the chapters offered here represent scholarship from a pool of more than sixty authors. Utilizing a variety of quantitative and qualitative methods, including regression and other forms of statistical analysis, Grounded Theory, Qualitative Comparative Analysis, Corpus Linguistics, and Discourse Analysis, the researchers in this book explore not only the subject of political violence and the law but also the craft of research. In bringing together these emerging voices, this volume seeks to challenge expertism, while privileging the empirical. This book will be of much interest to students of terrorism and political violence, criminology, and US politics.

Understanding Political Violence introduces political violence in the context of sociological and criminological debates. The author distinguishes between political violence from below, for example collective violence, insurgency, armed struggle and terrorism; and political violence from above, which includes indiscriminate repression, institutional and state violence, torture and war. Vincenzo Ruggiero discusses and critiques the contribution of criminological theory to understanding political violence. He draws on stimulating case studies to illustrate the theory, including interviews with former members of the Red Army Faction in Germany and the Brigate Rosse in Italy. The concluding chapter examines the recent development of a criminology of war and calls for a general ceasefire and the criminalisation of war, the most extreme form of institutional violence. This is essential reading for students and researchers in criminology, political studies, sociology, and war and conflict studies.

This book analyses the relationship between law and violence, the utility of law over violence and whether legality as an approach has an inherent disability in addressing mass violence as a crime. The study is located within international law and assesses whether prosecuting political violence would necessarily entail an abuse of the legal process. The intention is to encourage definition of criminal aggression via legal processes laid down by the International Criminal Court, rather than giving favour to political action under the United Nations Charter. Issues discussed in the book include the controversies over the location of the crime of aggression in either law or politics, taking a legal approach to the problems outlined. Using examples from Libya, the Ivory Coast, and Kenya, the work will be of interest to those working in the areas of international criminal justice, international law, legal theory, and international relations.

Documenting the experiences, achievements, challenges, and fundamental insights of the Office of the Prosecutor in prosecuting conflict-related sexual violence crimes at the ICTY, this volume analyses and recommends ways to overcome the obstacles faced in prioritizing, investigating and prosecuting conflict-related sexual violence crimes.

This text provides a philosophical investigation of the criminal prosecution of domestic violence. It features a theoretical framework for understanding ongoing debates regarding the criminal justice system's response to domestic violence.

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

In this book, Vincenzo Ruggiero offers a typology of different forms of political violence. From systemic and institutional violence, to the behaviour of crowds, to armed conflict and terrorism, Ruggiero draws on a range of perspectives from criminology, social theory, political science, critical legal studies and literary criticism to consider how these forms of violence are linked in an interdependent field of forces. Ruggiero argues that systemic violence encourages more institutional violence, which in turn weakens the ability of citizens to set up political agendas for change. He advocates for a reduction of all types of violence, which can be enacted through fairer distribution of resources and the provision of political space for contention and negotiation. This book will be of interest to all those engaged in research on violence, terrorism, armed conflict and the crimes of the powerful. It makes an important contribution to criminological and social theory.

This book offers a unique and powerful critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By critically examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects.