Criminology against war

Abstract

Following the armed conflict in the former Yugoslavia, a new criminology of war developed, producing fresh insights and opening up original research streams. The incorporation of war within the remit of criminological analysis, advocated by classical as well as critical criminology, rapidly gained new momentum. The focus on asymmetrical conflicts and invasions unveiled the massive killing of civilians, bringing war into the arena of victimology. Moreover, the examination of the material forces that drive international conflicts situated such conflicts among the violent predatory offences that concern most criminological theories. The study of ‘war crimes’, ultimately, led some authors to shift attention towards ‘war as crime’. After briefly summarising the developments that shaped a criminology of war, this paper attempts further analytical steps towards the formulation of a criminology against war. A critique of the concept of ‘just wars’ is followed by the examination of the ambiguities that cloud the notions of jus ad bellum and jus in bello. Current legal provisions regulating international conflict are described as blank norms, while principles of peacebuilding are finally pinpointed.