Genocide, State Crime and the Law

Balint, Jennifer

doi:10.4324/9780203806272

Cited by 9 publications

(9 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The Derg regime generally symbolized one of the most ruthless and bloody regimes in late 20th century Africa that, from 1975-78, unleashed a ‗red terror' campaign. This murder campaign and violence implemented through law -in the name of state‖ (Balint, 2012) generally decimated thousands of urban-based opposition groups and a generation of intelligentsia and also those dead in ethno-regional liberation wars (Tronvoll et al, 2009). After the demise of the Derg in 1991 by the military struggle of the ethno-regional groups, the victorious TPLF in alliance with other ethnoregional rebel groups established a coalition called EPRDF.…”

Section: The Politics Of Post-1991 Ethiopia's Transition and Transiti...mentioning

confidence: 99%

Exploring the challenges and limits in the compliance with transitional justice norm in non-regime transitions: The case of post-2018 Ethiopia

Legide¹

2022

J. Law Conflict. Resolut

View full text Add to dashboard Cite

The last decades witnessed the emergence of transitional justice as a global norm which obliges postconflict transitioning states to address systematic past human rights violations through purposeful judicial and non-judicial mechanisms. While its typical architecture focused on formal transitions, the dynamics of non-regime transitions and compliance is often neglected in transitional justice literature, and the measures also signify manifold challenges. This article attempted to assess the beleaguered transitional justice measures implemented in Ethiopia's current troubled non-regime transition which came after the authoritarian and Marxist TPLF/EPRDF regime collapsed in 2018 after violent antigovernment protest. Consequently, under the new hybrid elites' leadership, host of justice measures were implemented but they unfolded in the absence of both typical transition and guiding transition roadmap. Through the lens of compliance and resistance in transitional justice, the article finds that rather than addressing legacies of atrocious past, the flawed and instrumentalist implementation of contested justice processes and the mismanagement of the narrow window of opportunity led to unprecedented societal violence and new political complexities. The Ethiopian case, therefore, reveals that seeking the retributive transitional justice measure in the absence of typical regime change and inter-elites bargain, and in an ethnically polarized political transition exacerbate inter-elite discord, bolster ethnic-supported resistance from predecessor elites, and harbor the risk of resurgence of new violence. Hence, it falls short of achieving the compliance with the transitional justice norm such as ensuring accountability (fighting impunity), adequately addressing past wrongs through judicial and non-judicial means and also ensuring non-recurrence of the same in the future.

show abstract

Section: The Politics Of Post-1991 Ethiopia's Transition and Transiti...mentioning

confidence: 99%

Exploring the challenges and limits in the compliance with transitional justice norm in non-regime transitions: The case of post-2018 Ethiopia

Legide¹

2022

J. Law Conflict. Resolut

View full text Add to dashboard Cite

show abstract

Section: Genocidementioning

confidence: 99%

“…State crime does not exist as a concept in international law (Balint, 2011). As Balint (2011) argues, the law can be a companion to state crime when governments make laws that enable the perpetration of vast human rights violations. State crime encompasses large-scale harms, such as genocide, state-mandated murder and apartheid, carried out 'in the name of the state', frequently as part of nation building and nationalist projects (Balint, 2011: 3).…”

Section: Genocidementioning

confidence: 99%

Crimes of the Powerful

Seal

2021

Gender, Crime and Justice

View full text Add to dashboard Cite

Crimes of the PowerfulCrime and harm are not synonymous. Some of the most harmful phenomena do not result from crimes or illegal activity. Maldistribution of wealth and life chances is integral to global capitalism and causes great harm to those living in poverty. The climate emergency threatens all forms of life but is a consequence of economic systems not illegality. This chapter examines gender and the crimes of the powerful, although 'crimes' does not necessarily imply activities that are against the law. Rather, 'crimes of the powerful' are harmful acts perpetrated by states and corporations (Rothe & Kauzlarich, 2016). It focuses on three examples: corporate crime, green crime and genocide. Unlike street crime, crimes of the powerful are not necessarily committed by an identifiable individual or group of individuals, but by the functioning of governments, institutions, organisations and entire political and economic systems.Crimes of the powerful are gendered, both in terms of perpetration and victimisation. It remains the case that around the world, men disproportionately occupy positions of power. Perhaps more significantly, norms and cultures of masculinity predominate in corporate and political institutions and systems. This does not mean women do not participate in the crimes of the powerful, or that men are not victimised by them.

show abstract

“…In the case of war crimes, legal processes must contend with the challenge of not just holding individuals to account for mass harm, but also the entire state (Balint, 2012). State crimes are when entire institutions are brought together in a systemic perpetration of human rights violations such as genocide, crimes against humanity and apartheid (Balint, 2012; Green and Ward, 2004; Ross and Barak, 2000; Rothe and Mullins, 2010). Therein arises the challenge of accountability because as Horowitz (1976: 39) notes, state crime is a conscious political decision and choice.…”

Section: The Dangers and Affordances Of A Trial By Mediamentioning

confidence: 99%

Trial by media: Why victims and activists seek a parallel justice forum for war crimes

Rae

2019

Crime, Media, Culture

View full text Add to dashboard Cite

When the brutal Sri Lankan conflict ended, victims and activists launched global war crimes cases against the state alongside successful media campaigns. Although these justice claims never progressed to a court of law, they were heard, through the media, by the court of public opinion. This article considers to what extent a ‘trial by media’ might have the potential to provide a parallel justice forum. It questions how activists and victims view the role of the media in seeking justice. It finds they perceive the media’s key functions are to expose crimes, bear witness to crimes, name perpetrators, influence public opinion and apply pressure on legal and political institutions to respond to human rights abuses. However, victims and activists also recognise the media is limited in delivering justice. Therefore, this article argues a trial by media should be conceived of more as an accountability mechanism that has the capacity to draw attention to the shortcomings of official legal responses and processes.

show abstract

Genocide, State Crime and the Law

Cited by 9 publications

References 0 publications

Exploring the challenges and limits in the compliance with transitional justice norm in non-regime transitions: The case of post-2018 Ethiopia

Exploring the challenges and limits in the compliance with transitional justice norm in non-regime transitions: The case of post-2018 Ethiopia

Crimes of the Powerful

Trial by media: Why victims and activists seek a parallel justice forum for war crimes

Contact Info

Product

Resources

About