Sean D. Murphy
This chapter focuses on the International Criminal Court’s jurisdiction over the crime of aggression. The discussion provides background to the crime of aggression and the resulting criminal accountability of the guilty party, paying particular attention to UN General Assembly’s adoption in 1974 of a resolution addressing aggression by states rather than the crimes of individuals and is designed as guidance for the Security Council when considering whether an act is one of ‘aggression’. The chapter examines the amendments to the ICC Rome Statute defining ‘act of aggression’ and ‘crime of aggression’ adopted at the ICC Review Conference in Kampala, Uganda, in 2010. It also discusses the uncertainties and ambiguities in the process for activating ICC jurisdiction over the crime of aggression. It considers the possible institutional effects of such jurisdiction on the UN Security Council and the ICC itself, as well as its long-term consequences for the jus ad bellum.
Crime, Security, and Information Communication Technologies: The Changing Cybersecurity Threat Landscape and its Implications for Regulation and Policing
David S. Wall
Networked digital technologies have transformed crime to a point that ‘cybercrime’ is here to stay. In the future, society will be forced to respond to a broad variety of networked crimes that will increase both the complexity of crime investigation and prevention, whilst also deepening the regulative challenges. As cybercrime has become an inescapable feature of the Internet landscape, constructive management and system development to mitigate cybercrime threats and harms are imperatives. This chapter explores the changing cybersecurity threat landscape and its implications for regulation and policing. It considers how networked and digital technologies have affected society and crime; it identifies how the cybersecurity threat and crime landscape have changed and considers how digital technologies affect our ability to regulate them. It also suggests how we might understand cybercrime before outlining both the technological developments that will drive future cybercrime and also the consequences of failing to respond to those changes.
Mariana Valverde and Pat O’Malley
This chapter examines the identity crisis that currently afflicts the field of criminology. Arguing that “criminology” must be viewed as a bundle of several distinct disciplines with separate (though often intertwined or at least connected) historical trajectories, it discusses four distinct criminological research traditions: the “psy” knowledges, empirical studies of criminal law/criminal justice, miserology, and the social construction of deviance/social interactionism. It begins with an overview of the psy knowledges of crime and criminality, followed by an assessment of the development of empirical social science research dealing with criminal law and criminal justice, the rise of miserology as a form of social science/social reform and contemporary miserological writings, and the symbolic interactionism of the 1960s that gave rise to the tradition of social construction of deviance.
This chapter explores the development of homicide law in England and the United States. It begins by arguing that homicide law plays an important role in vindicating victims and legitimizing a rule of law. It then exposes a transformation in the law’s conception of homicide from a crime of malicious killing to one of culpably causing a fatal result. This transformation reflected the influence of a utilitarian reform movement that evaluated all conduct in terms of its expected cost, rather than the motives or character of the actor. The chapter compares contemporary homicide law in England and the United States, and concludes that both continue to condition guilt on character judgments. This is particularly apparent in the English law of joint venture liability and in U.S. death penalty law.
This chapter begins with discussions of the necessity of a counter-piracy legal regime; forms of contemporary piracy; and the applicable legal framework and its historical roots. It then analyzes the scope of counter-piracy enforcement powers and the legal regime governing the criminal prosecution of alleged pirates, which assumes a holistic approach that goes beyond the law of the sea.
This chapter examines the central issues for the justification of criminalization and punishment in the context of criminal law. Specifically, it considers whether there is a class of acts (or omissions) that warrants the use of the label of crime as appropriate. It initially discusses what kind of theory is suitable for grasping and grounding criminalization and punishment, focusing on three types of theory: ideal, situated, and political constructivist. Attention then turns to the central questions to be answered by theories of crime and punishment: what a crime is, what it means to be responsible for a crime, why it is necessary to respond to crime, who may respond to crime, how to respond to crime. Ideas such as retributivism, lex talionis, utilitarianism, and consequentialism are highlighted. The chapter also looks at some influential ways in which the justification of criminalization and punishment has been addressed in post-Enlightenment, occidental thought.
This chapter examines theories of criminalization. It first considers the impact of constitutional law on criminalization and constitutional courts’ tendency to avoid declaring criminal prohibitions unconstitutional, democracy as a substitute for criminalization theory, and the link between criminalization theory and constitutional theory. It also discusses the doctrine of legal goods, the harm principle, and protection of the “rights of others,” moral values, and collective interests. Finally, the chapter explores what kind of conduct should be prevented under criminalization theory, with an emphasis on mediating principles regarding ultima ratio and attribution.