Abstract
This article investigates the socio-genesis of two different types of criminal justice developed at the border of the state. At this border, the field of international criminal justice was differentiated from the field of transnational criminal justice. The article analyzes how elites of these two fields are characterized by distinct relations to the state that structure their ability to affect criminal justice outside of the national context. These professionals worked in parallel in national systems of justice where they accumulated distinct patterns of expertise and access to the state. On the basis of these socio-professional differences, law and police professionals helped define new criminal justice initiatives at the border of the state that deepened the division between them. The development of international criminal justice was dominated by professionals of law whereas transnational criminal justice was built primarily around police professionals. Societal responses to globalized crime are structured by this disjointed space of criminal justice in which legal and police professionals dominate distinct enforcement initiatives.
Highlights
Globalization has affected patterns of crime as well as the development of criminal justice initiatives designed to deal with illegality [1]
Socio-legal scholars have highlighted the different professional dynamics of these two fields: International criminal justice has been dominated by law and lawyers, whereas transnational criminal justice has been dominated by police and other security agents [3, 4]
The analysis shows how the activities of professionals at the border of the state were structured by their distinct positionalities within the state where legal and police professionals had different roles
Summary
Globalization has affected patterns of crime as well as the development of criminal justice initiatives designed to deal with illegality [1]. States agreed to make certain crimes the object of international enforcement mandated to internationalized criminal courts and, often in parallel, negotiated other legal frameworks that left enforcement up to the states themselves This has created two distinct systems often referred to as international and transnational criminal law [2]. Socio-legal scholars have highlighted the different professional dynamics of these two fields: International criminal justice has been dominated by law and lawyers, whereas transnational criminal justice has been dominated by police and other security agents [3, 4] Inspired by this perspective, and building on original data on more than 200 elite trajectories of lawyers and police officers working at the borders of the state, this article contributes a critical analysis of the socio-professional dynamics embedded and active in the bifurcation of international and transnational criminal justice seen here as ideal typical enforcement systems. The fifth and concluding section contextualizes the findings of the article and draws out more heuristic perspectives, highlighting in particular potential future studies and takeaways of reconnecting internationalized elites to the national context
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