Contemporary Challenges: The Global Crime, Justice and Security Journal 2020-09-15T10:14:12+01:00 Alicja Polakiewicz Open Journal Systems Acknowledgements and Remarks from the Editor-in-Chief 2020-09-15T09:20:34+01:00 Frederik Florenz Frederik Florenz 2020-09-14T11:56:23+01:00 ##submission.copyrightStatement## Introduction 2020-09-15T09:20:34+01:00 Andy Aydin-Aitchison Andrea Birdsall Milena Tripkovic 2020-09-14T00:00:00+01:00 ##submission.copyrightStatement## Oil Bunkering in the Niger Delta 2020-09-15T09:20:34+01:00 Alice Fiennes 2020-09-14T00:00:00+01:00 ##submission.copyrightStatement## Can and Should Nuclear Weapons be Abolished? 2020-09-15T09:20:34+01:00 Katja Putseys 2020-09-14T00:00:00+01:00 ##submission.copyrightStatement## Competing Exceptionalisms 2020-09-15T09:20:34+01:00 Kathryn Bartels 2020-09-14T13:25:07+01:00 ##submission.copyrightStatement## The Proliferation of Definitions of Terrorism in International Law 2020-09-15T09:20:34+01:00 Fabian Baumer-Schuppli <p>This paper analyses the proliferation of definitions of terrorism in international law and across national jurisdictions. On the one hand, this paper argues that terrorism legislation mainly pursues a symbolic function in international and criminal law by constructing the common enemy to the community of states. However, the fundamental disagreement on the nature of terrorism undermines this core function of terrorism legislation because violence becomes relativized by competing definitions of terrorism. On the other hand, this paper highlights how, in the presence of competing legal definitions of terrorism across states, the duty to prosecute or extradite (<em>aut dedere aut iudicare</em>) threatens the fundamental principle of foreseeability of criminal accountability (<em>nullum crimen sine lege certa</em>). As individuals are held accountable to multiple overlapping jurisdictions, self-determination struggles and legitimate acts in armed conflicts become increasingly criminalised. Therefore, the proliferation of definitions of terrorism in international law and across domestic jurisdictions has the effect of weakening collective action in international law and at the same time strengthening unilateral prosecution of terrorism.</p> 2020-09-14T13:35:19+01:00 ##submission.copyrightStatement## The Architecture of Illicit Nuclear Trafficking 2020-09-15T09:20:34+01:00 Mathilde Le Moal <p>Since the collapse of the Soviet Union, nuclear trafficking in Russia and the former Soviet Republics has become an ever-prevalent threat for international security. This essay provides an assessment of the organisational structure of this transnational organised crime (TOC). Using the instrumental approach to network analysis and Bourdieu’s concept of social and human capital as a methodological framework, this essay investigates the nature of connections maintained among criminals during the various stages of the nuclear trafficking process – acquisition, transportation, sale – and contends that nuclear trafficking displays characteristics both of a stable hierarchy and a fluid network. Thus, it reaches the conclusion that TOC groups involved in this illicit activity present a hybrid form of organisational structure which is best described as a directed network – that is, a criminal entity with a stable group of organisers located at its core, and fluid nodes of individuals in charge of executing the different phases of the trafficking process at its periphery.</p> 2020-09-14T13:44:35+01:00 ##submission.copyrightStatement## A Comparative Analysis of the Femicide of Migrant Domestic Workers in Bahrain and Lebanon 2020-09-15T09:20:34+01:00 Marya Al-Hindi <p>Gender-based violence (GBV) is becoming a major topic of criminological concern. This article examines the factors contributing to the abuse of female Migrant Domestic Workers (MDWs) by their employers in two Middle Eastern countries, Lebanon and Bahrain. It pinpoints the law as the structure that maintains the slavery-like conditions that facilitate the systematic violence towards MDWs in Bahrain and Lebanon. It also looks at how processes of criminalisation cement MDWs in their precarious positions, subject to un-investigated femicide. Therefore, this article proposes to view femicide as a state of existence resulting from a wider societal structure as opposed to a single act condensed in time and space. The article adopts an intersectional approach to GBV, which draws attention to the states’ role in facilitating the exploitation of MDWs. It also calls for the inclusion of MDWs in the Lebanese and Bahraini labour laws. By acknowledging the multi-dimensional abuse which ultimately results in the death of MDWs, the article concludes that the governments of the receiving and sending countries must do more to protect their most marginalised subjects. Moreover, criminologists should include MDWs as a criminalised group in more of their academic endeavours.</p> 2020-09-14T13:58:14+01:00 ##submission.copyrightStatement## The Application of Durkheimian Theories in the 21st Century 2020-09-15T09:20:34+01:00 Anna-Maria Lazzarotto <p>Classical sociological theorists have been criticised for being too vague, incomplete, and ever too conservative and notwithstanding all the efforts and consideration that has been dedicated to linking different parts of Durkheimian thought to the law itself, contemporary sociology and criminology frequently disregard its potential within the current study of law and criminology. This paper, however, will strive to explore and prove, through a Durkheimian lens, how classical sociological frameworks can provide us with a series of diverse aspects to analyse modern values and circumstances.</p> 2020-09-14T14:07:27+01:00 ##submission.copyrightStatement## The Legality of Small Arms Production 2020-09-15T09:20:34+01:00 Nicola Piccini <p>Officially, international control of small arms and light weapons (SALW) has made considerable advancements in recent years, most notably in the form of the 2014 Arms Trade Treaty (ATT). Nonetheless, important systemic and structural deficiencies seem to persist, which prevent these control mechanisms from achieving their intended purpose. In an attempt to find an explanation for these shortcomings, this article traces back previous attempts aimed at combatting the illicit proliferation of SALW, by emphasising both their unbowed demand and the trade’s continuous commercial viability. The example of Bulgarian-made AK-47 machineguns underlines the picture of a system intentionally failing to prevent the weapons’ profitable export. It concludes that following the rise of globalisation, the privatisation of SALW manufacturing industries appears to have become the biggest impediment to effective control. Subsequently, it is argued that most anti-proliferation treaties are deliberately limited to&nbsp;a priori&nbsp;insufficient trade restrictions, as they lack any pre-emptive measures that target these weapons’ mass production in the first place. Once produced, SALW&nbsp;will&nbsp;find a buyer&nbsp;–&nbsp;no matter&nbsp;the existence of trade&nbsp;restrictions.</p> 2020-09-14T14:14:48+01:00 ##submission.copyrightStatement## Trust Through Intelligence? 2020-09-15T10:14:12+01:00 Jamie Summers <p>It would be understandable to view community policing and counter-terrorism policing as two distinct concepts which are intrinsically situated at opposites poles in the world of policing. While one invokes cultures such as transparency, public engagement and visibility, the other is traditionally considered as a series of clandestine operations more akin to the intelligence-led policing model. This paper will argue that the two policing strategies are in fact compatible. With a shift in the nature of terrorism itself apparent, the contemporary lone wolf attacker is not only a deadly threat, but one which is incredibly difficult to detect using methods such as background checks and covert investigation. This is due to a lack of communication and/or physical ties between attackers, a high level of isolation stemming from affinity to extremist ideologies, combined with self-struggle and anger. In order to combat prospective attacks, effective preventative measures must be implemented in both geographical and social spaces. Such measures warrant the implementation of community policing philosophies which can help establish trust and promote co-operation, leading to accurate, reliable community intelligence, as well as reassurance and security for the members of the community itself.</p> 2020-09-14T14:25:49+01:00 ##submission.copyrightStatement##