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The article focuses on the battle over access to Algerian War archives and their role in shaping historical narratives. Topics include the French government's control over wartime documentation, the efforts of historians and activists to uncover state crimes, and the recent legal restrictions affecting the accessibility of these archives. It also explores how these archival battles reflect broader tensions between national security and the right to historical transparency.

Focusing on the largely forgotten early period of (pro-)Refugee activism in the 1980s West-Germany and the role of memory politics therein, this article explores the ambiguity in critiquing the nation-state. Drawing on original data collected in seven social movement archives in Germany, different ways in which German Nazism and the Holocaust are invoked to frame and critique the present (West-)German nation-state and its migration and asylum regime are scrutinised. Three ways in which Nazism and the Holocaust were invoked and discussed by Refugee activists and their supporters are differentiated: the past as 'reminder and warning for the present', the past as 'discrediting and incriminating the present', and explicit attempts not to draw analogies between the past and the present. Overall, the article makes two key contributions. First, the article makes a historical and empirical contribution as the focus on the 1980s sheds light on a period that has so far been largely ignored when it comes to the study of (pro-)Refugee activism. By tracing different ways in which memory politics has informed and been integral to Refugee activism and support, the article makes, second, an innovative contribution to studying the nexus of (forced) migration, national identity, and memory politics. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Civil society actors are increasingly turning to international criminal law in response to harmful conduct by the states of the Global North. Legal and strategic concerns have been raised about this practice. It is unclear whether the International Criminal Court will ever be able or willing to effectively respond to the conduct of states, particularly the powerful states of the Global North. However, there is growing recognition that the expressive power of international criminal law may be strategically used beyond the courtroom. Drawing on criminological scholarship, this article suggests that international criminal law may offer potential in resisting the state crimes of the Global North. International criminal law provides civil society with a way to sociologically criminalize the state from below and challenge the hegemonic beliefs that enable state crime. Such expressive advocacy might ultimately play a role in expanding legal understandings of what constitutes an international crime to include the conduct of the Global North. [ABSTRACT FROM AUTHOR]

Prior to the annexation of Aotearoa New Zealand in 1840, British authorities sponsored and practised the abduction of suspects from the islands of New Zealand to New South Wales and Van Diemen's Land, where they could be charged and tried before British courts for infringing laws for New Zealand passed by the British Parliament, as well as orders for New Zealand issued by governors of New South Wales. The sponsorship and practice of state-sponsored abduction occurred in two distinct periods: between 1814 and 1823, governors of New South Wales sponsored "magistrates" to practise abduction; and, between 1833 and 1840, the British Government sponsored British Residents to practise abduction. Specific cases are examined where the sponsorship of abduction was put into practice. The unlawful, expensive and impractical nature of state-sponsored abduction contributed to the ineffectiveness of the British system of law and order for New Zealand pre-annexation, which ultimately influenced Britain's decision to annex New Zealand after first signing a treaty with Māori. With the arrival of Hobson, the signing of te Tiriti o Waitangi/the Treaty of Waitangi and Britain's annexation of New Zealand in 1840, state-sponsored abduction became unnecessary and was quietly discontinued. [ABSTRACT FROM AUTHOR]

The punishment of organizational offending has largely been overlooked by penologists, despite the fact that organizational actors such as corporations and the state perpetrate the most serious forms of offending. Accordingly, this paper represents a step toward foregrounding organizational offending within the discipline of penology. We begin by discussing the implications of several Classical School ideals and theories of punishment for organizational offending, with special emphases on challenges and contradictions. We then review control strategies that are unique to organizational offending, and we go on to contemplate how expressive and non-institutional tactics might potentially factor into how organizational offending is punished. When taken together, these sections reveal the limitations of penology's traditional assumptions of an individual offender and individual offending. We conclude by outlining our view of what a penology of organizational offending should accomplish. [ABSTRACT FROM AUTHOR]

The COVID-19 Pandemic has critically affected migrant workers' social wellbeing in host countries. In Hong Kong, migrant workers who work in domestic sectors are facing stricter rules that may be considered discriminatory, such as the Hong Kong government's claim that migrants are at 'high risk' for infection, because of their habit of 'mingling' with other migrant workers. The official messaging positions migrant workers as 'virus carriers', this further results in the increase of mental, physical and social exclusion for migrants, in particular female Indonesian domestic migrant workers, who are a vulnerable and marginalized group. This article focuses on how the COVID-19 messaging that came from the Hong Kong government increased the stigma and discrimination towards domestic migrant workers and to provide some examples of the activist responses to the stigmatization through the rise of non-state actors. [ABSTRACT FROM AUTHOR]

Legal scholars have historically studied and shaped attitudes and approaches to torture – in its infliction, identification, and inhibition. The role of law in the contemporary anti-torture movement has been no less important – with the law, its logics and lawyers positing and animating the prevailing international anti-torture framework. This article reviews the contemporary 'law and torture' scholarship published in the last forty years in the English language – examining and charting its assumptions, preponderances, and orientations. In so doing, the article situates the cares and concerns of scholars (and their texts) along a doctrinal-critical continuum. The article aims to illustrate areas in which research is advanced and others which remain understudied – concluding with several connections and directions for future research. [ABSTRACT FROM AUTHOR]

When a federal employee is charged with a state crime based on conduct that was within their official responsibilities, the United States Constitution protects them from prosecution through Supremacy Clause immunity. This immunity was developed by the Supreme Court in a small set of cases from around the turn of the twentieth century, but no Supreme Court cases have mentioned it since. Generally, as lower courts have construed it, it is a highly protective standard. This Note questions that standard by attempting to re-align Supremacy Clause immunity with another federal immunity that also derives from the Supremacy Clause: federal tax immunity. Until the mid-twentieth century, federal tax immunity cases protected the federal government from almost any state-tax-related burdens, even indirect ones. But in 1937, the Supreme Court abruptly changed course and overruled a century of its previous precedents. As a result, federal tax immunity today has only a shadow of its previous force. In relating these two immunities to each other, this Note aims to shine light on Supremacy Clause immunity as a doctrine based on an outdated conception of the role of federal courts in our federalist system. It ties the Court's shift in federal tax immunity to a broader philosophical transformation that also appeared in other doctrines, like those governing the application of the Tenth Amendment and preemption. And it shows that Supremacy Clause immunity as it currently stands is the sour note in an otherwise consistent harmony of federalist relationships. [ABSTRACT FROM AUTHOR]

Copyright of Kriminologisches Journal is the property of Julius Beltz GmbH & Co. KG Beltz Juventa and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Estudios de Derecho is the property of Estudios de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The world is not ignorant of the plight facing the most vulnerable communities, yet there are no enforceable binding mechanisms to identify, prevent, or intervene in the development of state genocidal regimes. As the global community advanced international legal customs for prosecuting state actors of genocide, limited development has been made towards identifying cognizable factors for legitimizing early intervention. The international community has repeatedly stated "never again" following atrocities, but will States ever enforce their "Responsibility to Prevent" to hinder sovereign domestic policies from escalating to the crime of genocide? Can there be a preventative approach to genocide, or has the codification of the crimes of persecution and genocide confined the international community to retrospectively punish genocidal actors? [ABSTRACT FROM AUTHOR]

Latin America's 'housing crisis' affects 28 million lower-income households. In many Latin American countries, governments have developed housing policies to provide access to basic standard dwelling and to offer a route towards legal tenure at an affordable cost. Yet, they have failed to address violence and crime that beneficiaries are often exposed to. I argue that housing policies must take stronger efforts in accounting for urban security. To sustain that argument, I will trace Brazil's attempts to provide a 'secure future for beneficiaries by providing equal access for all to physical and social infrastructure and basic services, as well as adequate and affordable housing' (UN Habitat 2017: 7). I refer to such policy directive as an incentive for national governments to pursue housing security. I primarily draw from academic literature on housing policies in Latin America, evaluations of Brazil's contemporary housing program, and media outlets, and use parts of my own interviews with public administrators and beneficiaries of the housing program. Designing routes towards housing security, first and foremost by reinforcing the constitutionally granted right to housing along with guaranteeing the social function of property, must be central concerns of Brazil's next federal government. [ABSTRACT FROM AUTHOR]

In this paper, we explore the socio-material infrastructures that maintained and repressed the 2018 Nicaraguan protests, as they made and unmade the insurrectional city. We consider the insurrectional city to be an urban place that is socio-materially reconfigured by the act of revolt and ensuing conflict. In Nicaragua, the insurrectional city (re)emerged as an entangled moral material battleground where past and present practices and notions of insurrection, as well as diverging imaginations for the future collided. With the 2018 protests, new material and human flows settled onto the streets, disrupting extant ways of being in and moving through the city. These were directly deemed illicit by government authorities, who projected the protesters as vandals, thugs, and later even terrorists. A competing ethics of care emerged then, as protesters and (para-)state actors understood the protection and defense of their lives and respective political projects differently. Autoconvocados (self-convened protesters) organized socio-material networks to distribute vital goods for protesters occupying public space, at the same time that the government mobilized its hybrid repressive apparatus to quash and criminalize both the protesters and the care networks supporting their activities. To understand the city-making practices that the protests engendered -- both during the months-long insurrection and in its aftermath -- examining the interplay between care, repression and legitimacy is crucial. [ABSTRACT FROM AUTHOR]

Xenophobic violence has assumed a regular appearance in the body politic of South Africa. Such xenophobia/racism is mainly targeted at migrants from elsewhere in Africa. The phenomenon flies in the face of expectations, given the history of the struggle against apartheid, and the supportive role of the frontline states in support of that struggle. It runs counter to the inclusive ethos of the ANC government, the Rainbow Nation and South Africa’s progressive constitution. This contribution, in the spirit of conflict transformation, focuses on the occurrence of xenophobia in South Africa. Given the complexity of the context, it seeks to explain the phenomenon, using a selection of commonly used theoretical approaches, mediated through the lenses of the Just World theory, and the notion of state crimes. It challenges any notion of South Africa as a post-conflict society, finds significant government culpability for the episodes, and attempts to provide corrective policy advice, using a dynamic systems theoretical approach.

Taking into account that the transitional justice arose under the same foundations of retribution and utilitarianism of ordinary justice and that the principles of truth, justice, reparation and non-repetition were implemented in the two transitional models based on denunciation, surrender and submission for some of the actors of the armed conflict who demobilized individually and collectively, based on a theoretical and case study, it was established that the Transitional Justice is insufficient for the construction of peace, since criminal law is not the way to achieve peaceful coexistence. We found that the main causes of this insufficiency are related to the conditional submission, the distortion of the truth, the lack of some actors in the conflict, the absence of a large part of the victims and the indifference to State crimes, among others; Because of that, we conclude that it is necessary to redirect Transitional Justice towards humanitarianism and recognition of the other, based on the principles of tolerance, unity in diversity, prospective justice, ideological pluralism, pro-victim and pro-homine, in a structural way; in order to overcome violence and move seriously towards peaceful coexistence, as a founding value proclaimed by the Colombian people in the preamble of the political charter.

Xenophobic violence has assumed a regular appearance in the body politic of South Africa. Such xenophobia/racism is mainly targeted at migrants from elsewhere in Africa. The phenomenon flies in the face of expectations, given the history of the struggle against apartheid, and the role of the frontline states in support of that struggle. It runs counter to the inclusive ethos of the ANC government, the Rainbow Nation and South Africa's progressive constitution. This contribution, in the spirit of conflict transformation, focuses on the occurrence of xenophobia in South Africa. Given the complexity of the context, it seeks to explain the phenomenon, using a selection of commonly used theoretical approaches, mediated through the lenses of the Just World theory, and the notion of state crimes. It challenges any notion of South Africa as a post-conflict society, finds significant government culpability for the episodes, and attempts to provide corrective policy advice, using a dynamical systems theoretical approach. [ABSTRACT FROM AUTHOR]

Copyright of Brazilian Journal of Law & International Relations / Relações Internacionais no Mundo is the property of Relacoes Internacionais no Mundo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The categories of truth, justice, reparation and non-repetition of transitional justice processes in Colombia obey new legal forms in Foucault's terms, which change nominally, but which remain the traditional foundations of the legitimization of the punitive power of the State; Therefore, from the qualitative analysis of the epistemological foundations of the different categories that underpin the transition processes in Colombia and political crime, our approach is that by establishing confession, forgiveness and repentance as pillars of transitional justice, it is accepted that the armed struggle for the seizure of political power not only means the recognition that it was a historical mistake, but also that those who took up arms and today seek access to the transitory "benefits" of the JEP, are subject to a regime of conditionalities of self-recognition of guilt and responsibility according to the institutional truth and not to the truth in the context of the war; To conclude, the real reason for this transitional model is to give legitimacy to the commission of war crimes and crimes against humanity committed by the State to the extent that throughout the armed conflict, the Colombian State was assisted by the "political reason" for the commission of these crimes, being exonerated from any responsibility. [ABSTRACT FROM AUTHOR]

This article discusses the global crisis of displacement caused by war and conflict, with a focus on the Russo-Ukrainian conflict and the Rohingya refugee crisis. It explores the historical, political, economic, and religious factors that contribute to the creation of statelessness and suffering. The article argues that conflict is not a sporadic phenomenon but emerges from complex contexts, and it examines how discourse and legal frameworks can rationalize and perpetuate violence. The collection of articles also addresses the impotence of the state and domestic law in the face of state-led ideologies, and offers principles for civil society intervention and accountability. The article concludes by acknowledging the origins of the collection in a series of workshops organized by Joyce C.H. Liu. [Extracted from the article]

Many political theorists, philosophers, and International Relations scholars argue that states are 'corporate moral agents', which can be held responsible in many of the same ways as individual moral agents. States can have debts, contractual obligations, reparative obligations, and duties. Should states also be subject to criminal responsibility and punishment? Thus far, the debate about state crime has focused on two general problems with corporate crime: whether corporate entities can have intentions (or mens rea); and whether it is possible to punish them. In this paper, I identify two problems with extending corporate criminal responsibility to the state. First, since there is no 'international corporate law' that regulates the internal structures of states, many states fail to meet the conditions for corporate agency (and hence for criminal responsibility). Second, since the most serious international crimes are not subject to a statute of limitations, the argument for state crime paves the way for forms of 'historical punishment' that few of its proponents would accept. Finally, I argue that it is unnecessary to hold states criminally responsible, and that state responsibility ought to be understood as reparative rather than punitive. [ABSTRACT FROM AUTHOR]

The federal crime of mail fraud is generally viewed as the original federal auxiliary jurisdiction crime, that is, a crime that does not protect direct.federal interests against harm. Rather, itfunctions as an auxiliary to state crime en®rcement. In the almost 150 years since Congress enacted the niail fraud statute, federal auxiliary crimes have proliterated and have become the most important part of federal criminal jurisdiction-so that, today, they largely duplicate state crimes. It is important to know how this form of federal criminal jurisdiction originated. Mail traud is a crime f hat scholars, judges, and lawyers have viewed as having almost no legislative histories linked to its original enactment in 1872 and its two revisions in 1889 and 1909. The details of its origins have remained generally unknown. This paper breaks new ground by uncovering a rich set of legislative history details related to each of those three early statutes. Inter alia, these legislative history materials reveal that the original mail.fraud provision might not have been drafted and enacted except for the.fortuitous timing of the addition of a criminal penalty to a closely related statute. 11 also explains how mail Faud came to be the original jkderal atixiliary jurisdiction crimer that was not the original intention. [ABSTRACT FROM AUTHOR]

The state is over‐represented as a perpetrator of violence against women, yet it receives little attention in the state crime/crimes of the powerful literature. In line with the goal of this special issue, the focus here will be to introduce state‐perpetrated gender‐based violence and demonstrate the utility of including gender as an analytic concept for understanding the pervasive and prolonged harms perpetrated by states that disproportionately harm women and girls. Furthermore, I argue for a more integrative approach to the study of state crime/crimes of the powerful, to better include other innovative critical criminological approaches such as queer perspectives, rural criminology, and more in‐depth race analysis to mention but a few. [ABSTRACT FROM AUTHOR]

Copyright of Revista Kavilando is the property of Kavilando and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Nomadas (01217550) is the property of Universidad Central and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The decline in the smuggling of people from Indonesia to Australia since late 2013 is primarily attributable to unilateral deterrence policies under Australia's Operation Sovereign Borders. When seeking to prevent asylum seekers from coming to Australia to enjoy the right to asylum there, the Australian government has tested a number of deterrent mechanisms that sometimes border on illegality and even state crime. In May 2015, for example, Australian authorities intercepted an Indonesian boat carrying 65 asylum seekers and allegedly paid the six smugglers to return their passengers to Indonesia. In this article, we reconstruct what happened at sea, and put forward a number of arguments that categorise this 'turnback' as explicitly-commissioned people smuggling against Indonesia. Our article also points to further implications about looming risks if the policy was to be employed more widely by states in other areas of the world where people cross the sea to seek asylum. Not only would the practice severely undermine international collaborations that have developed to prevent and combat people smuggling, but it would also create additional safety risks for those who are turned back. [ABSTRACT FROM AUTHOR]

This article analyzes the first two Investigative Reports elaborated in Mexico on the topic of the forced disappearances of people. These two documents focused on the case of the armed rural mobilization in the state of Guerrero in the early 1970s. The analysis of the files of that investigation reveal that the Mexican State has confronted the problem of forced disappearances as an enduring phenomenon, while also shedding light on how governmental institutions have been used, and the legal and bureaucratic techniques that have been implemented, in efforts to manage this continuous crime wave. Our objective in presenting and examining these two reports is to elaborate a long-term study that seeks to establish the ruptures and continuities in the patterns of the forced disappearances of people and, parallel to this, understand the responses -institutional, political and juridical- that the Mexican State has implemented in response to this ongoing criminal phenomenon. [ABSTRACT FROM AUTHOR]

The article explores the activities of the Pskov Region Commission in reviewing cases of state crimes of the Stalin era, in which the staff of the regional Prosecutor’s Office took a direct part. This work was written on the basis of previously unpublished materials and documents of the State Archives of the Pskov Region. When solving research problems in this article, the author used systemic, comparative-historical and historical-genetic methods. In conclusion, the results of the work of the Commission of the Pskov Region on reviewing cases of state crimes can be considered satisfactory, since due to its activities a significant number of people were able to achieve, even if not fully rehabilitation, but a significant reduction in the punishment chosen against them.