Illegal Force Research Articles

Charging Aggression as a Crime against Humanity? Revisiting the Proposal after Russia's Invasion of Ukraine

Abstract Much discussion over Russia's 2022 invasion of Ukraine focuses on the inability to charge aggression. However, another approach might be available: charging this under the ICC crimes against humanity (CAH) residual clause. First proposed in 2010 by Benjamin Ferencz, who lamented the circumscribed reach of aggression under the ‘Kampala Compromise’, the proposal has met with scepticism, primarily given that textbook aggression targets military forces, not civilians. Yet, civilian populations disproportionately bear the brunt of the violence of modern aggression (often being its direct targets). Russia's 2022 invasion is but the most recent and compelling example. Thus, this article resuscitates Ferencz's proposal, arguing that Russian leaders could be charged with using illegal force as a CAH under the residual clause. This approach would have practical advantages: initiating aggression in the Kremlin links liability to Putin much more directly for killing Ukrainian civilians, and charging it as CAH opens human victims to ICC participation and reparations. There are theoretical advantages, too, with utilitarian/retributive objectives better satisfied. Moreover, Ferencz's approach is better than recently proposed alternatives: using aggression merely as a gravity/liability modes/sentencing enhancer or alleging breach of the right to self-determination as the residual clause gravamen (arguably creating problems with victim group identification).

Is corrections officers' use of illegal force networked? Network structure, brokerage, and key players in the New York City Department of Correction

PurposeRecent research on police misconduct has adopted a network perspective, while recent work on correctional officer (CO) use of force has similarly framed it as an organizational behavior, learned through socialization and deployed with considerable discretion. This paper leverages the network paradigm in police misconduct research to study the use of force by COs. MethodsUsing data on lawsuits involving the New York City Department of Correction from 2013 to 2022, this paper forms a co-offending network of those COs who have been sued for excessive force. This paper then uses descriptive social network analysis and key player selection and community detection methods. ResultsAfter describing the basic network structure of COs who use force together, this paper identifies brokers who connect disparate parts of the CO network; it also uses a community detection algorithm to identify clusters of COs involved in force incidents. Finally, the paper compares this network to an analogous network of police use of force, finding structural similarities. ConclusionsThis analysis bridges disparate work on correctional officer use of force and police misconduct; for policymakers who seek to curtail COs' excessive use of force, this paper might provide a blueprint for identifying key players and clusters.

Issues and challenges with changing perspectives of outraging the modesty of women in India

The number of women's rights violations is steadily rising. This has taken a toll on women's life, causing mental and physical suffering. In Section 354 of the Indian Penal Code, 1860, the concept of outraging women's modesty is thoroughly defined. The use of violence or illegal force with the goal to dishonor a person without any grave provocation is covered by Section 355. Furthermore, section 509 makes outraging modesty a crime. It is common knowledge that features of assault and unlawful force demand extensive explanation. It's difficult to deny that these offences have been on the rise in society. However, it has been noted that the abuse of these specialized and important legislation is widespread. Additional provisions appear to have been added as a result of the code modifications. This study seeks to examine the legal interpretations of Sections 354 and 509, as well as the current situation and the continued misuse of the laws. This Paper also attempts to analyze the interpretations made by courts in various situations and proposes modifications to strengthen the laws in light of changing circumstances, with a particular focus on the in-depth meaning of assault, criminal force, and other key phrases in that respect.

River lives, River movements. Fisher communities mobilizing local and official rules in defense of the Magdalena River

The Magdalena River, Colombia’s main river backbone, features multiple tensions and socio-environmental conflicts. They manifest themselves in the river’s ecological degradation and negatively impact the riparian communities and artisanal fishermen, whose productive activities and rights of access to water are restricted. For these communities, the river is a means of passing down and exchanging knowledge between generations. However, their knowledge and practices are not recognized in the dominant governance processes over the Magdalena River. In an interview with Juan Carlos Gutiérrez-Camargo, environmental activist, researcher and companion of artisanal fishermen, we illustrate the universe of epistemologies and worldviews of these communities. We discuss, from a legal-pluralism perspective, the contradictions between state norms and authorities, parastatal powers, and the customary rights of fishing communities. We analyze how the simultaneous presence of various authorities and the complex, unequal arena of legal, extra-legal and illegal forces, hinders enforcement of fishermen’s customary socio-legal repertoires and also of the Colombian Constitution to protect riverside communities’ human rights. The interview reflects on the great complexity of exercising community leadership, environmental protection and defense of artisanal fishing in the midst of a socio-normative political arena permeated by state abandonment and paramilitary violence. For this reason, the interview stresses the importance of recognizing artisanal fisher collectives as political subjects in river co-governance. It also highlights the ambivalent implications of granting rights to nature and rivers: their meaning, functions and impact depend on their political trajectory and mobilization by grassrooted collectives. Finally, Gutiérrez proposes strengthening knowledge networks to bolster river co-governance where the political-cultural and socio-normative frameworks of riverside communities play a preponderant role.

Análisis del Costo-Beneficio, para el tránsito de cultivos de carácter ilícito, a cultivos lícitos para facilitar el desarrollo de los agronegocios en la región del Catatumbo

Objetivo: Contrastar el Costo/Beneficio del cultivo ilegal versus el cultivo legal, producto de la erradicación voluntaria en el Municipio de Hacarí, Norte de Santander. Método: La investigación se cimento en el paradigma positivista, metodología cuantitativa y enfoque correlacional. La población objeto de estudio se circunscribe a los encargados de las juntas de acción comunal del municipio y los cultivadores quienes abordaron la sustitución voluntaria del cultivo de la coca. La técnica de recolección de información aplicada, fue la encuesta a través de la aplicación de un cuestionario. Resultados: Se encontró que no existe información sobre las hectáreas, las rotaciones de cultivo e inversiones en insumos, además se pudo evidenciar el número de hectáreas sembradas con coca crecieron y que los cultivadores quienes sustituyeron no han recibido ayuda por parte del gobierno, asimismo, se evidenció que están aún hay presiones indebidas, con el agravante de que la sustitución ha sido voluntaria y con costos elevados. Discusiones: Pese a que existen programas del estado, todavía hay poca credibilidad en la solución al problema, los costos de insumos son cada vez elevados y se siente el descuido social de la región y la presión de los fuerzas al margen de la ley. Conclusiones: El cultivo por hectáreas de cultivos ilícitos genera más jornales que una de lícito, los cultivos ilícitos son más rentables en el tiempo. Las rastras del proceso investigativo asumido han arrojado respuestas esperanzadoras donde se demuestra técnicamente que existe un potencial agrícola aun no explotado en su totalidad, que es de uso legal y que resulta más atractivo que los cultivos de uso ilícito.

Alışıldık Tanımlamaların Gölgesinde İslami İnancın Batı Sineması’nda Yeniden Sunumu Taken 2

Türkiye’nin Batılılaşma süreci boyunca güzel sanatların birçok dalında İslamiyet’e, Türklere ve Müslümanlara dair birçok imgenin kullanıldığı bilinmektedir. Sinemada temsil edilen söz konusu imgeler, hem ‘görüntüsel göstergeler’ hem de ‘söylemsel’ açıdan üretilebilmektedir. Bu çalışmada, Türkiye’de çekilmiş olan yurtdışı menşeli filmlerin bu imgeleri nasıl oluşturduğu ve yansıttığı Fransa yapımı Taken 2 (2012) filmi özelinde incelenmiştir. Filmde yer alan Türk-İslâm algısına yönelik unsurlar göstergebilimsel analiz metodu aracılığıyla tespit edilerek Saussure’ün gösterge modeli temel alınarak irdelenmiştir. Taken 2 filminin örneklem olarak belirlendiği bu çalışmada, Hollywood ve Avrupa sinemasında Türkiye’de üretilen ve Türk-İslâm algısına yönelik imgeler içeren diğer filmlere de değinilmiştir. Çalışmanın temel amacı, söz konusu filmlerdeki Türk-İslâm algısını ve temsilini göstergeler ve imgeler üzerinden tespit etmektir. Ayrıca sinemanın bir eğlence, endüstri, kitle iletişim aracı olmasının yanında, “ideolojik bir araç” olarak değerlendirilmesini sağlamak, çalışma açısından önem taşımaktadır. Çalışma sonucunda, filmlerde belirlenen temsillerin film kareleri üzerinden analiz edilmesi sonucunda bu filmlerde Türk-İslâm algısını temsil eden imgelerin genellikle olumsuz algılamalara yol açacak şekilde kullanıldığı görülmüştür. İncelenen Taken 2 filminde Türkiye ve İstanbul Ortadoğu’nun geri kalmış İslam ülkeleri gibi, Türk halkı ise özellikle giyim kuşam açısından İranlılar gibi, sosyal düzen ve adalet açısından ise kanunsuz işlerin yapıldığı ve yasadışı güçlerin hakim olduğu bir kabile devleti olarak sunulmuştur.

Struggling bodies at the border: migration, violence and HIV vulnerability in the Mexico/Guatemala border region

The Mexico–Guatemala border is the site of significant movement of people whose principal destination is the USA. The first step, to cross Mexico, is considered as one of the most dangerous routes in the world for undocumented migrants. For some male migrants and displaced persons from Honduras, El Salvador and Guatemala, initiating sex work in the Mexican border city of Tapachula has become a way to earn money to survive during the trip northward – providing funds to keep traveling and decrease the danger of being killed or kidnaped by organized crime groups. Non-injected drug use during sex work with men and/or women is a common praxis for this purpose, and is linked to HIV risk activities such as unprotected sex. Our study is based on ethnographic fieldwork with observation and interviews and within a relational approach understanding the processes subject/structure, sociopolitical/cultural and global/local, not as oppositions, rather as linkages visible through actors’ points of view and praxis. The productions of politics and cultures related to structural vulnerability to HIV infection are embedded in local and global borderization processes where legal and illegal transnational forces, states’ frameworks and social groups play a linked role. The economies of structural, symbolic and direct violence affect migratory patterns, institutional interactions and social and cultural relations with the local population. In this context, social representations and praxis about unprotected sex and drug use are the locus of struggling bodies at the border.

Strategic priorities of world labor market development

Strategic priorities of world labor market development

The Legal and Illegal Use of Force by Prison Officers in Ukraine

Although prison order rarely rests on naked force, its availability defines a prison. A penological truism holds that officers’ deployment of force signals a breakdown in order, not normality. However, is the truism universally valid? Adding evidence from a former Soviet bloc country, the study examines the place of force in officers’ daily work in a men’s medium-security prison in Ukraine. Drawing on a semiethnographic study, the findings show that even though availability of force was central to preventing escapes and securing prisoner compliance, its actual deployment was relatively rare. Officers’ consideration and actual use of both legal and illegal force depended on legal ramifications, the position of the superiors, and prisoner reaction. It also reflected their views on the adequacy of formal penal power and legitimacy of force for corrective purposes.

Perfil psiquiátrico, cognitivo y de reconocimiento de características emocionales de un grupo de excombatientes de los grupos armados ilegales en Colombia

IntroductionExposure to armed conflict produces biological adaptations oriented to handle the highly stressful conditions in war environments. The special features of The Colombian armed create a special scenario to evaluate the human behavior. ObjectiveIn this study, psychiatric, cognitive and emotional processing characteristics of a group of Colombian armed illegal forces of ex-combatants are described. MethodsSixty-three ex combatants and 22 controls were assessed with WAIS (IQ), INECO frontal screening (executive functions), Interpersonal Reactivity Index (empathy), emotional features recognition and MINI (psychiatric profile). ResultsWhen compared to the control group, ex-combatants showed higher frequency of antisocial personality disorder (P=.031) and behavioral dissocial disorder (P=.017). In cognitive profile, the ex-combatants showed a lower score in the executive function test (Me=18.50; RQ=4.00), control (Me=23.00; RQ=5.25), with a poor personal distress in emphatic profile (Me=10.00; RQ=5.00) compared to control group (Me=37.00; RQ=7.25). ConclusionsWe found differences in cognitive and psychiatric profile in ex-combatants in comparison with controls.

العنف الاسري وعلاقته بجنوح الأحداث

The phenomenon of domestic violence is one of the widespread social phenomena, it is a world-wide phenomenon and despite the increase of contrast between one country and another, the suffering is the same everywhere. Violence is the use of illegal force by an adult in the family against the other individuals The domestic violence is one of the most dangerous ways of human rights violations. The subject of juvenile delinquents is considered one of the serious and important topics in the current time, with mounting danger in case it is neglected and it is regarded important because it is related directly or indirectly, to half the population of the community, who are the young and juvenile who will take the responsibility of community building and leading in the future. The problem of juvenile delinquency is one of the serious problems that society faces, especially in light of the marked increase in the rates of juvenile delinquency which requires addressing this problem and find out the reasons leading to it. The current research aims to identify the domestic violence and its relationship to juvenile delinquency. The research instrument is applied on a sample of (100) juvenile delinquents (70) males and (30) females were included search tool two sections the first section contains personal information consisting of (18 questions) and the Department of the other contains data for domestic violence, has reached the researchers to following results: -1 - All guests were subjected to domestic violence, which caused the deviation events .2 - the social status of the family is the main cause of juvenile delinquency. 3 - level of education your parents has an impact on juvenile delinquency .4 - accumulation of family members in one family, as well as cruel treatment made from this category deviate from Guanyin society. 5 - loss of parents or one of them is the main reason for the deviation of juvenile delinquency and the role of Baz in the formation of the child's personality and assistant to cope with life. As a complement to search the current researchers have found a set of recommendations: -1 - Work to increase awareness of family, through the intensification of programs for the family and the child through various media .2 - stimulating events to obey their parents and listen to their advice and guidance 3 - activation of dialogue and debate between members Alasrhlaata events the opportunity to express their views and work to meet their needs. 4 - Coordination with the Ministry of Justice and the Ministry of Labour and Social Affairs and other relevant bodies on the work of children and preventing children from work is not nine years old for any reason The researchers suggested a number of research, including: -1 - make comparative studies between male and female events to find out the factors leading to delinquency. 2 - a study on the impact of community on children in prisons Molodn 3 - a study similar to the current study dealing with the other variables

A Situational Model for Distinguishing Terrorist and Non-Terrorist Aerial Hijackings, 1948–2007

Despite the centrality of situational variables to crime theories, they remain uncommon in criminology. Based on the hypotheses drawn from the literature on situational determinants of crime, we examine whether aerial hijackings perpetrated by terrorists are situationally distinct from other aerial hijackings. We define terrorist hijackings as those that include threatened or actual use of illegal force or violence to attain a political, economic, religious or social goal through fear, coercion, or intimidation. Other aerial hijackings include those perpetrated for transportation or extortion purposes. Using a newly updated dataset, we examined 1,019 aerial hijackings that occurred around the world from 1948 to 2007, out of which we classified 122 as terrorism. Results provide strong support for the argument that situational factors measuring organizational resources distinguish terrorist from non-terrorist aerial hijackings, and partial support for the argument that situational factors measuring publicity distinguish these events.

The Empirical Study of Terrorism: Social and Legal Research

Social science research on terrorism has grown rapidly in recent years, aided by social and legal studies. In this review, we examine research on the causes of terrorism and the effectiveness of strategies for countering it. We define terrorism as the threatened or actual use of illegal force directed against civilian targets by nonstate actors in order to attain a political goal through fear, coercion, or intimidation. Our review of causes is divided by level of analysis into sections on individual-, group-, and macro-level explanations. Our evaluation of counterterrorism strategies includes reviews of legal, criminal justice, military, and legitimacy campaigns. Psychopathological approaches have been largely discredited; however, evidence suggests that certain experiences, attitudes, and behaviors are overrepresented among terrorists. The potential impact of ideology, leadership, popular support, Diasporic communities, and socialization on group dynamics all provide fertile areas for additional research. Terrorism feeds on the ability of groups to portray governments and their agents as illegitimate. There is also evidence for high rates of terrorism in countries that are in democratic transition or are described as failed states. Research on connections between religious motives and terrorism is mixed. Although research on the efficacy of counterterrorism methods has grown rapidly in recent years, it is still rarely evaluated with strong empirical methods. All of these conclusions are qualified by the fact that both individual- and group-level empirical data on terrorism are in short supply.

Law in a Lawless Land: Diary of a Limpieza in Colombia

Michael Taussig, Law in a Lawless Land: Diary of a Limpieza in Colombia, Chicago: University of Chicago Press, 2005,222 pages.The recent capture of leaders of Colombia's two most notorious guerrilla organizations, reported decreases in country's homicide rates, and a well-televised ceremony in 2003 depicting surrender of arms by a group of paramilitaries may lead one to believe that Colombia is finally at peace. And it may lead one to believe that 2005 paperback edition of Michael Taussig's Law in a Lawless Land is unnecessary. Nothing could be further from truth. For Taussig's book highlights how a culture of terror is deeply embedded in people's everyday lives. Taussig argues that Colombia's culture of terror is based upon constant production of fear, uncertainty, and ambivalence. This is so much case that one never really knows who next will be murdered, tortured, intimidated, or run-out-of-town. Unsurprisingly, this culture of terror is operationalized by existence of paramilitaries who are who are not really soldiers but more like ghosts flitting between visible and invisible, between regular army and criminal underworld of killers and torturers.Colombia's culture of terror is not new. Law in a Lawless Land describes its intensification-one that surprises even Taussig, who has been investigating it for over three decades. Taussig is shocked by now brazen nature of killing and its acceptance by honest and honourable citizens. The culture of terror, once marked by anonymous killing, is now carried out in broad daylight, a public spectacle for all to see. To try to understand this situation Taussig has written a diary about his two-week stay in 2001 in a town under paramilitary control. His diary details his most recent fieldwork experiences, their connections to past experiences, their relation to quotidian nature of Colombia's culture of terror, and their linkages to long-term existence of paramilitaries.Taussig fleshes out links between Colombia's current culture of terror and recent history of paramilitaries (aka the paras). The paras, initially formed in 1930s as a private police force by Conservative party supporters, were created to deal with cattle-rustling. They were later deployed to destroy rising popularity of Marxian notions of social justice and establishment of left-leaning guerilla organizations. By systematically murdering officials, supporters, trade union leaders and priests, paras were able to instill fear and uncertainty into hearts and minds of many Columbians. Fear and uncertainty were exacerbated by participation of local police and National Army in Liberal ethnocide-a situation that blurred usual lines between legitimate State force and illegitimate paramilitary force.Despite consolidation of Conservative Party power, blurred Unes between legal and illegal force continued as paramilitaries were deployed time and time again. In 1960s they were deployed to help landowners evict peasants from their farming lands; in 1970s they were deployed to quell rebellious peasant and Indian movements; in 1980s they were deployed by drug cartels as protection against aggressive left-leaning guerillas; and in 1990s they were deployed to track down and murder guerilla sympathizers. In new millennium, paramilitaries have been charged with task of cleansing towns and cities of delincuentes, undesirables. The undesirables are not, however, simply lefty-guerillas, insurgents or rebels. They are, rather, thugs, gang members, prostitutes, beggars, mad and other relatively defenceless individuals. They are victims in Taussig's never ending stories of people shot at open-air markets, knifed in pool halls, gunned down in streets and murdered at bus stops.Clearly, cleansing, or what is called limpieza, has linkages to past. …

A qualitative analysis of officer peer retaliation

A survey of the literature shows that researchers have assessed the social processes of retaliation among adversarial crime prone populations. However, notably absent from this research is the study ofpeerretaliation among non‐adversarial and less crime prone populations, such as police officers. The underlying theoretical premise is that peer retaliation, defined here as a mechanism of social control, operates under prevailing police culture conditions.Using focus group interviews collected from one large Southwestern police department, content analysis is used to qualitatively examine the influence of peer retaliation on officer deviance (i.e. reporting incidents of illegal force). The results show that officers' rationalize peer retaliation according to morality and deterrence; while, types of retaliation sanctioned against peers include ostracism and no cover. The implications of these findings are considered.

Police Violence in Israel: Has the Establishment of a Civilian Complaints Board Made a Difference?

Police violence in Israel was analyzed, especially how the establishment in 1992 of a civilian board for the investigation of police officers accused of using illegal force affected complaints against them. Official figures show a sharp increase in the number of files opened against police officers in general, and particularly those concerned with suspected use of illegal force, since 1992. This trend seems not to reflect actual worsening of police violence on the street but to be the result of wide public support for civilian involvement in the complaints system, of procedural changes in that system, and of specific demographic changes in the Israeli population. Despite expectations, the percentage of sustained illegal-use-of-force files investigated by the new civilian unit decreased significantly in comparison with the previous period, mainly on account of structural and procedural factors.

Reasonable Illegal Force: Justice and Legitimacy in a Pluralistic, Liberal Society

Previous articleNext article No AccessReasonable Illegal Force: Justice and Legitimacy in a Pluralistic, Liberal Society*Alec WalenAlec Walen Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Ethics Volume 111, Number 2January 2001 Article DOIhttps://doi.org/10.1086/233476 Views: 26Total views on this site Citations: 1Citations are reported from Crossref © 2001 by The University of Chicago. All rights reserved.PDF download Crossref reports the following articles citing this article:Michael Da Silva Public Reason and the Need to Identify State-Relevant Desert, Criminal Justice Ethics 33, no.22 (Aug 2014): 129–154.https://doi.org/10.1080/0731129X.2014.943977

Deviant organizational messages among suspect police officers in Israel

In light of criticism against the Israel National Police in recent years for excessive use of physical force, the personal views of Israeli police officers were elicited regarding the illegal use of force. Personal questionnaires were administered to a sample of police officers who had been investigated for using illegal force against citizens between 1989 and 1997. Informal messages contrary to the organization’s formal messages regarding the use of force, and justifying it in certain circumstances and for certain types of offense, seemed highly prevalent, especially among middle‐rank police officers. The results obtained provide support for the existence of a deviant organizational subculture.

Organization as a Key to Police Effectiveness

Citing evidence on intercity differences in crime rates, as well as differences in rates of increase for several kinds of crime, this paper argues that police departments differ in their effectiveness. The key to an understanding of effectiveness lies in the way police departments themselves are organized. How individual police men perform their occupational duties depends in part on how these duties are defined. In order to understand these definitions and the pressures which affect the way police perform their work, it is necessary to adopt a "systemic" view of legal and illegal forces in society. Determinants of police effectiveness are ex plored, through examples from the control of organized crimes, by relating the way departments interact with other legal and illegal organizations.