Contemporary Challenges: The Global Crime, Justice and Security Journal

The Contemporary Challenges Vol. 4 Editorial Team

Ruby King — 2023-10-08

Foreword From Academic Sponsor

Milena Tripkovic — 2023-10-08

Acknowledgment And Remarks From The Editor-In-Chief And Deputy Editor-In-Chief

Ruby King — 2023-10-08

Moving Towards More Inclusive Definitions of Femicide: Intersectionality and Marginalised Identities

Martina Caterini — 2023-10-08

Femicide violence has long been invisible. Drawing on feminist scholarship, this article will discuss existing definitions of femicide that have been key to its recognition as a distinct phenomenon. However, the notion of patriarchy these definitions build upon is not enough to explain the occurrence of such crime causing these definitions to fall into the trap of essentialism. Femicide is the result of multiple intersecting systems of oppression, including race, class, sexuality, disability, and so
forth which shape women’s’ experiences in a wide variety of ways. Considering this, the theoretical framework of intersectionality is fundamental to expand definitions of femicide as it recognises that women’s experiences cannot be categorised under the same umbrella, as there exist differences between them. Moreover, because there is a need to move towards more inclusive definitions, such an approach may successfully go beyond the traditional biological sex-based man/woman heteronormative binary. This binary contributes to the marginalisation of identities that are less visible, such as those of transgender women.

A Critical Assessment of Zemiology’s Appropriateness in the Analysis of Atrocities and More Specifically the Situation Experienced by the Uyghurs in Xinjiang

Colomba Baird-Smith — 2023-10-08

The purposes of this paper are to assess whether the tools provided by zemiology contribute to positive ways forward in the field of atrocity studies beyond criminology and whether this proposed zemiological framework contributes to a furthered understanding of the situation experienced by the Uyghur community in Xinjiang. This paper argues that zemiology allows a valuable questioning and broadening of the criminological lens on episodes of atrocities. When applied to the case-study, two relevant zemiological tools (i.e., a state/elite defined and constructed perception of the concept of crime and Simon Pemberton’s three categories of social harm) allow the qualitative and quantitative improvement of our understanding of the volume and origins of the harms experienced by the Uyghur community. However, two main zemiological shortages are identified throughout this paper: an obsessive focus on the critique of criminology and a contradictive reproach about criminology’s ideological bias.

Domestic Violence as a Human Rights Issue Beyond (Criminal) Accountability: A Brazilian Case Study

Helena de Oliveira Augusto — 2023-10-08

The article analyses the domestic implementation of the Maria da Penha Law, a Brazilian federal legal act to combat and prevent domestic and family violence against women. The article first introduces the trajectory of domestic violence from a private matter to a public concern as a human rights violation. Then the article contextualises the Brazilian feminist activism for legal reform and introduces the importance of the 2001 Maria da Penha case in the Inter-American Commission on Human Rights for the enactment of the Maria da Penha Law in 2006. Thereafter, the article presents the Maria da Penha Law’s legal provisions and its success in establishing special legal protection for women in situations of domestic violence, as well as it reflects on the Maria da Penha Law’s ongoing challenges. A critical analysis of the Brazilian reality demonstrates that offender criminal accountability is the most feasible remedy to domestic violence, whereas the fragmentation and fragility of state measures to protect and assist women in situations of violence perpetuates state neglect of women in the context of gender-based violence. Therefore, the Maria da Penha Law case study demonstrates that legal reform alone is insufficient to tackle domestic violence. Women’s effective access to legal protection and integrated and gender-aware public policies is pivotal to eradicating domestic violence against women.

The Effectiveness of Sanctions as a Tool for Resolving Armed Conflicts: An Analysis of Syria and Yemen

Tarazi Mohammed Sheikh — 2023-10-08

The use of sanctions as a tool for resolving armed conflicts has been a topic of debate for many years. This paper undertakes a critical retrospective analysis of the sanctions imposed on Syria and Yemen in resolving armed conflicts. The study examines the types of sanctions imposed on the two countries and the impact of these sanctions on the conflict resolution process. The paper concludes by discussing the implications of these findings for the use of sanctions as a tool for resolving armed conflicts in the future. The findings of the study suggest that sanctions can be effective in resolving armed conflicts, however, it is subject to various factors such as the nature of the conflict, the level of cooperation from the targeted country, and the level of international support. The study puts particular emphasis on the role of the United Nations Security Council, international cooperation among the states, and the timeliness as well as duration of sanctions as key determinants of the success of sanctions. This study seeks to contribute to the decision-making process behind imposing sanctions, both in ongoing and future conflicts by highlighting the best practices and strategies to improve the effectiveness of the sanctions.

A Criminological Study of the Meseritz-Obrawalde Nurses During the Second Euthanasia Phase

Lilli Mathilde Sofie Wolland Blomberg — 2023-10-08

The euthanasia programme was established by the Nazi government in 1939 and lasted until the end of the Second World War in 1945. The programme took form as either killing centres or psychiatric institutions, situated all over Nazi Germany and its occupied territories. Nurses played an important role in the euthanasia programme as they intentionally and systematically took part in killing between 200,000 and 250,000 physically and mentally handicapped patients (Jewishvirtuallibrary.org,1998). The killing of the so-called “unfit” was reasoned as scientifically based, partly explaining why some nurses rationalised their action as necessary and even morally good. In the aftermath of the war, only a few nurses were charged with crimes against humanity. The majority were free of charges and able to continue their careers as nurses. This article aims contribute to increased knowledge about a group of perpetrators in the Holocaust literature that is understudied in the Holocaust literature and ignored by criminological studies.

The US/India Civil Nuclear Agreement of 2008: A Two-Level Game?

Padmini Das — 2023-10-08

Nuclear power relationships between states have historically determined global power structures in a wider context. Following India’s maiden nuclear test in 1974, the international community sidelined the country for a long time. However, within the next three decades, international opinions about the India significantly improved and paved the way for
the country’s first civilian nuclear deal. That said, the circumstances behind this deal and the United States of America (US)’ objectives involved therein merit a review, considering changes in the US’ domestic situation and changing political realities around the world. Did the US make an objective foreign policy decision by pivoting its nuclear policy towards India? Or was the US playing a strategic two-level game with both domestic interests as well as its international agenda at stake? This paper seeks to analyze the different layers of interests that were involved in the US’ decision-making process resulting in the Agreement. It also aims to apply Robert Putnam’s Two-Level Game Theory to understand these interests in a better way.

Role of Social Media in Inciting the Genocidal Acts: A Case Study on Myanmar’s Rohingya

Anamika Modok — 2023-10-08

For years, security forces and the Myanmar army persecuted the Rohingya Muslims, under the shade of “national security”. In 2018, the New York Times published a report accusing Facebook of spreading hate speech, incitements, propaganda, and inflammatory posts against the Rohingyas. According to the report, approximately 700 people worked in a secret
operation which was started by the military people of Myanmar a few years back. There are debates regarding social media’s involvement, more specifically Facebook’s involvement, in causing genocide. This article thus examines the role of social media in inciting genocide in Myanmar against the Muslim Rohingyas. The core argument is that Myanmar was involved in spreading hate speech and propaganda through social media. Consideringthe role of social media in inciting genocidal acts, this article also proves the Rohingya genocide from the perspective of the 1948 Genocide Convention.

Victims as ‘Means to an End’: An Investigation into the Construction of CRSV Victimhood in the ICTY

Kirsty Lawrie — 2023-10-08

Law has the power to pronounce truth. In the context of conflict-related sexual violence (CRSV), this paper illustrates law’s ability to define,legitimise and privilege some narratives of victimhood, while also misinterpreting, silencing, and suppressing others. Looking at courtroom transcripts from the International Criminal Tribunal for the former Yugoslavia (ICTY), this pilot study investigates the witness testimonies of four Bosniak women who, during the Yugoslav Wars, were detained in camps and systematically raped by Serbian soldiers. A contextualised, micro-level, qualitative approach is taken to analyse their testimonies, looking specifically at the courtroom process, conduct between actorsand narration of events. Through victim-witnesses’ words the wider structures and individual realities of CRSV are brought to light, with their experiences revealing ethnic tensions at play, ideas of nation-wide
justice, and a strong, determined character in victims. Yet this paper argues that such narratives of victims were not acknowledged or understood by either the defence or the prosecution, suggesting that the tribunal failed to gauge the reality of CRSV. Given law’s power, and therefore the ICTY’s power, to pronounce truth, this study is crucial for international legal bodies going forward to improve the comprehension, prosecution, and, ultimately, the interruption of CRSV.