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The ICC’s investigations have already deterred potential crimes. There is compelling evidence that the ICC’s past or current investigations have caused potential perpetrators as well as those already indicted, to abandon their plans. For example, as the ICC’s first Prosecutor noted, even before the Court had convicted Thomas Lubanga for the recruitment of child soldiers, its African investigations were enough to prompt responses in Columbia and Sri Lanka, resulting in children being released. [1] At the same time, there has been a notable decrease in crimes by those already under investigation, such as the Lord’s Resistance Army in Uganda. [2] [1] ICC Prosecutor's Address to Council on Foreign Relations , p.9 [2] Bosco , p.176 | |
Even if Kenya’s recent reforms were motivated by the ICC’s indictments, the 2013 elections were still marked by violence which “as of February 2013, had claimed more than 477 lives and displaced another 118,000 people.” [1] Despite many African governments’ initial enthusiasm for the ICC, the African Union has since openly challenged the Court’s investigations and Kenyan authorities have been doing their utmost to obstruct the ICC’s investigations. [2] [1] Human Rights Watch [2] Evenson | |
Although prisoners may associate closely with other criminals within jail, many more offenders were introduced to crime outside prison. A deprived social background, a family life disrupted by domestic violence and family members with histories of criminal behaviour can all lead an individual to become involved with crime. For many young men, prison can become a sanctuary from links with gangs or a chaotic and damaging home life. Once placed within the regulated, disciplined environment of the prison, they can be introduced to the essential skills and educational opportunities that they may have been denied in the outside world. Prison can give an individual the opportunity to develop the practical and psychological skills they require to escape social alienation. Many prisons in Europe, the UK and the States achieve this objective. US prisons may also operate special units that offer help and protection to offenders who want to leave gangs. Under-staffing and a poor understanding of inmates’ needs are arguments for reform of the prison system, not arguments against incarceration itself. Where these issues are addressed, rehabilitation programmes have had many successes. Once political prejudices about building and funding rehabilitation oriented prisons are overcome, the benefits of penal supervision will become more accessible. | |
Prisons create criminals The prison environment is harmful to many offenders. Consider the risk of developing a drug or alcohol addiction while incarcerated in the UK (15% of the inmates of one of the UK’s largest jails tested positive for drugs in 2006) [i] ; the risk of being subjected to sexual violence in an US prison (217,000 prisoners were subjected to sexual violence in American prisons in 2008) [ii] ; the rise in gang motivated violence and killings within prisons on both sides of the Atlantic. Prison brings together individuals with a wide range of social and behavioural problems that incline them towards deviance and violence. These individuals are placed in closed conditions with restricted access to productive activities. In many western nations, a lack of funding and staff means that most prisoners have little to fill their time, and may be confined to their cells for up to twenty three hours a day. The privations of prison make prisoners more, rather than less likely to engage in violent or exploitative behaviour. Prisoners in overcrowded, understaffed jails are more likely to develop mental illnesses and less likely to have such conditions diagnosed and treated. The brutality of their surroundings makes prisoners more likely to seek the protection and comradeship offered by gangs or the comfort of intoxicants. Furthermore, the shame and isolation associated with incarceration cause prisoner’s non-criminal social networks to decay. Relationships with partners or spouses may break down. Contact with children may be limited. Families may shun the offender, leaving him with a social circle comprised mainly of fellow inmates. These associations can prove toxic, leading offenders to validate each other’s behaviour and share knowledge about criminal activities. Finally, the stigma of criminality extends to employment. Businesses may be unwilling to employ those with criminal records, limiting ex-offenders’ opportunities for social reintegration. [i] “Inspector finds gangs and high level of violence in jail”, The Guardian, 11 July 2006, [ii] “Combating rape in prisons”, The Economist, May 5 2011, | |
As noted above, the consequences of non-violent crimes can be just as damaging as those of violent crimes. More over, non-violent criminals can also present an immediate danger to society. The cost of constructing a prison is outweighed by the benefit of preventing individuals from committing crimes. Rehabilitation programmes are not a panacea – they are not instantly or reliably effective. Even if an individual refuses to engage with any rehabilitative activities in prison, they are still restrained from engaging in further criminal activity. Consider the senior members of organised criminal syndicates. These individuals may only be involved in using deceptive accounting or front-companies to conceal the activities of their colleagues, but by doing so they enable and encourage multiple violent offences. Similarly, drug dealers may create conditions in which social deprivation and family break-down flourish. As noted both above and on side proposition, these same conditions can cause others to turn to criminality. In this instance, drugs dealers can present a danger to their communities, and an obstacle to the rehabilitation of addicts. Arguably, the most effective solution to this particular form of criminal behaviour is the removal of the dealer from that community. | |
Proportionality A recent study conducted among prisoners in Florida found that from 1997 to 2010 the proportion of new inmates who had committed violent crimes (collating both state and federal prisons statistics) fell by 28% [i] . Meanwhile, the number of first time prisoners who had committed non-violent offences rose by 189% [ii] . It is argued that imprisoning individuals found to be guilty of non-violent crimes is a disproportionate response to their actions and does not serve the objectives of criminal sentencing set out above. Criminal sentences must deliver a punishment in proportion to the crime an offender has committed. A disproportionate sentence- using the death penalty to punish theft, for instance- is less likely to be perceived as a fair or rational response to criminal behaviour. An offender who is punished excessively is more likely to see himself as the victim of injustice, and less likely to consider the impact of his own conduct. A law abiding individual who that fears that jaywalking may result in jail time will have no confidence in the criminal justice system, and may begin seeking other sources of security. There are many alternatives to penal sentences available to magistrates and judges. Using fines and curfews to restrict financial and personal liberty, alongside restorative forms of punishment such as community service, can provide a much more efficient way of condemning an individual’s criminal behaviour. [i] “Rough Justice in America”, The Economist, July 22 2010, [ii] “Rough Justice in America”, The Economist, July 22 2010, | |
The victims of non-violent offences may suffer as much as the victims of violent offences. A large scale financial fraud, such as that perpetrated by Robert Maxwell or Bernard Madhoff, may deprive thousands of individuals of their savings and pensions, condemning them to a life of poverty. A petty drugs dealer may be supplying a habit that drives an addict to steal and attack others in order to find money. Moreover, fraud, deception and drug dealing draw on the same predatory, cynical and exploitative attitudes that motivate violent theft, organised crime and violent rape. An individual who has committed only non-violent offences is not necessarily in a better position to appreciate the harm that violence may do, or to understand that others may suffer as a result of his actions. It may be proportional to hand down a severe prison sentence to a “white collar” criminal, who has abused a position of trust or wealth for personal gain. Such crimes are aggravated by the fact that their perpetrators have often led privileged, secure lives, free from the deprivation and poverty that drives most criminals. Confidence in the justice system may be harmed if it is felt that those of professional standing or a high social class are subjected to softer punishments. | |
It is unrealistic to expect the police to act as the sole deterrent to criminal behaviour. The majority of police work concerns the detection rather than the prevention of crime. Only a massive and unfeasible expansion of police numbers and powers could provide a real deterrent to criminality. The purpose of deterrence is to reduce the likelihood of damaging behaviour without dramatically raising the cost of enforcing the law. Deterrence relies on individuals acting in a rational manner and being able to regulate their own behaviour. Property crime often results from the offender performing a rational balancing of his likely gains against the likely costs of incarceration. Limiting the use of prison sentences means that calculating offenders will be much more likely to engage in property crime. Finally, the proposition is unable to deal with the threat posed by habitual and compulsive petty criminals. The actions of such individuals often straddle the boundary between outright criminality and anti-social behaviour. Their offences may never be severe enough to attract a penal sentence, but it is the continuous and repeated nature of their criminal acts that causes harm. Once again, the best response to such conduct is the forcible segregation of the offender inside a prison. | |
Incarceration is expensive, rehabilitation is not Many of the rehabilitation and intervention schemes made available in prison are replicated in community settings by social services and charities. The cost of delivering these programmes in prison originates from the concept of prison itself. The expense of building, equipping, staffing and monitoring a prison vastly outweighs the cost of rehabilitative activities. Research conducted by Steve Aos has shown that rehabilitative programs designed to reduce crime can be cost-effective [i] . Prisons should be used only where the imperative to protect society from criminal behaviour cannot be met by the imperative to rehabilitate. A minority of offenders will be incorrigibly violent and uncontrollable, but under the status quo, these dangerous offenders not represent the majority of the prison population (see statistics above). The yearly cost of incarcerating a young offender in the UK is now £140,000, almost three times the annual fee charged by an elite public school [ii] . Diverting this money to intervention programmes delivered to families, in homes and in schools would avoid the harms of incarceration (described above), while retaining the benefit of rehabilitation. The focus should therefore be prevention and early intervention rather than punishment. [i] Aos, S., The Comparative Costs and Benefits of Programs to Reduce Crime, Washington State Institute for Public Policy, May 2001, [ii] “Punishing Costs” The New Economics Foundation, 2010, p18 | |
Deterrence is a myth The deterrent effect of prison is uniformly overstated. It is popularly thought that the indignity and strictness of the prison environment will discourage criminal behaviour. Further, exposure to the harsh realities of prison is thought to discourage former inmates from re-offending. These assumptions do not reflect most offenders’ reasoning, nor do they reflect the contexts in which most criminal behaviour occurs. Punishment of the type offered by prisons doesn’t meet the criteria for reinforcement of behaviour that one would associate with behaviour change; the punishment happens long after the behaviour, and is therefore futile [i] . Firstly, it should be noted that among many inmates, especially young men, criminal actions, including public order offences, assault and petty theft, are carried out on impulse. Impulsive behaviour is often influenced by alcohol and peer pressure. Under these circumstances, deterrence is ineffective. Secondly, empirical evidence indicates that it is the likelihood of being caught performing a criminal act, rather than the sentence for that crime, that deters potential offenders. If a potential offender believes he is more likely to be caught and convicted, he is less likely to engage in criminal behaviour. Meta-analyses such as the Cambridge Study on Deterrence [ii] have shown that the severity of a sentence only has a marginal effect on an offender’s decision to break the law. In the light of these findings, deterrence can be seen as a matter of policing and detection, rather than a set of misleading assumptions based on an over-simplification of rational-actor theory. [i] Andrews, D.A. & Bonta, J., “Rehabilitating Criminal Justice and Policy” in Psychology, Public Policy and Law (2010, Vol. 16, No.1). Page 42 [ii] “Criminal deterrence and sentence severity: an analysis of recent research”, von Hirsch, A, and others | |
A modern liberal state’s duty is to pursue policies and promote values that will have a real and lasting impact on its citizen’s lives. The resolution is such a policy. The opposition’s argument has been tried and failed; in the US, ‘increasing punitive measures have failed to reduce criminal recidivism and instead have led to a rapidly growing correctional system that has strained government budgets’ [i] . Pandering to populist thinking in the name of maintaining confidence in a particular government is a short-term strategy. It is an approach designed to win elections rather than bring about social change. The most effective way for a government to fulfil its obligation to protect its citizens is to reduce deviance effectively and efficiently, even if that change has to come at the expense of political capital. The penal system operating under the status quo brutalises individuals and entrenches criminality in communities in the name of law and order. [i] Andrews, D.A. & Bonta, J., “Rehabilitating Criminal Justice and Policy” in Psychology, Public Policy and Law (2010, Vol. 16, No.1). Page 39 | |
The opposition argument assumes that punishment must be proportional only to the suffering caused to the victim of a particular crime. Opposition state that for a sentence to be truly proportionate, it must reflect the subjective responses of the victim. This analysis fails to acknowledge that the definition of proportionality extends beyond the victim. The four objectives of criminal sentencing are complimentary, not mutually exclusive. The aspect of a sentence that seeks to punish should be proportionate to offender’s crime, but in addition, it must not obstruct the functioning of the other objectives of sentencing. A burglary may be upsetting for the victim, and incarceration of the burglar may seem a proportionate response. However, when that sentence is weighed against the imperative to rehabilitate the burglar, we discover that rehabilitation in prison would be less effective than rehab in a community setting. When custodial punishment is weighed against the imperative to protect the public, we discover that non-violent criminals who have been incarcerated are more likely to engage in violent crime following their release. The greater cost of incarceration- to the criminal and to the efficacy of the rehabilitative process- renders the sentence disproportionate. The comparative popularity of imprisonment has distorted our understanding of which criminals it is most suited to. | |
Rehabilitation can only succeed in prison Rehabilitation programmes are not a panacea – nor are they instantly or reliably effective. The risk of an individual committing crime can only be reduced by long-term engagement with such schemes. Under these circumstances, the best location in which to rehabilitate offender is prison. Prison serves, in some cases, to separate prisoners from poverty and desperation, and to help them access training and education that they may have failed to engage with previously. Prison can also quarantine offenders from the influence of gangs and other sub-cultures that may compete with the positive behaviours fostered by rehabilitation. This is particularly the case for high risk offenders. It seems ridiculous to assume that dramatic changes in an individual’s behaviour can be brought about without a correspondingly dramatic change in their environment and lifestyle. Criminality frequently develops as a survival strategy within hostile or chaotic social environments. For many crimes, family may also be the root cause. Problematic relationship with relatives can further hinder the rehabilative process. How can we still expect family members to help facilitate the rehabilative process when they may be the reason reason why the offender committed crimes. If there are minimal restraints put on an offender’s freedom while he rehabilitates, it will be easier for him to avoid complying with rehabilitation programmes. It will also be easier for the offender to avoid complying with other, more punitive measures, such as fines and community service orders. As a last resort, a prison term prevents offenders who refuse to engage with rehabilitation from committing crimes for the length of their sentence. Given that a UK home office survey conduct in 2000 found that, on average, offenders committed 140 crimes a year, even a brief sentence represents a significant disruption of criminal activity [i] . [i] Civitas, Fighting Crime: Are Public Policies Working?, February 2010, p.1, | |
Incarceration has symbolic value A custodial sentence has strong symbolic value, for offenders, for victims and for society as a whole. Exclusion from society and confiscation of freedoms that the state would normally protect at any cost is a powerful message, one that can be understood easily by both white collar fraudsters and semi-literate muggers. There are few more effective ways of communicating society’s disapproval and indicating the boundaries of its tolerance. For all side proposition’s talk of long term consequences and proportionality, there remain a significant number of offenders and potential offenders who would perceive the resolution as a weakness to be exploited. We give up the symbol of incarceration at the cost of emboldening criminals. Confidence in the state is founded on the state’s ability to protect its citizens and their property from physical harm. This is something on which all but the most extreme ends of the political spectrum would agree. Even if the state is no longer willing to wield violence against a criminal minority in protection of a law abiding majority, it should still be prepared to project the power that contemporary constitutional settlements have allowed it to retain. If it does not, the state risks being accused of forgetting its core duties in favour of more abstract notions of “harm”. | |
The false distinction between “violent” and “non-violent” crime Distinctions between violent and non-violent offences are not useful when deciding which offenders should be imprisoned and which should receive more lenient, rehabilitative sentences. The severity of a crime can only be defined by its context and consequences, not by semi-arbitrary labels such as violent and non-violent. All forms of criminality, and not just violent crimes, can have disturbing and traumatic consequences. The effect of a robbery on the physical health and psychological stability of an elderly person can be as pronounced as the effects of a violent assault on a healthy young man. It is disingenuous to claim that the nature of a criminal act can be separated from that act’s effects on a victim. As the widely known common law maxim states, a victim should be taken as he is found. A reasonable adult citizen will not be excused from responsibility for what he knew to be a harmful criminal act simply because he did not foresee the extent or type of harm he would do. A judicial system that takes the concept of proportionality seriously should be free to decide that the consequences of a robbery committed against an impoverished, frail widow should result in a more severe sentence than a teenager’s impulsive attempt to shop-lift alcohol. Similarly, the outcome of a wide ranging financial fraud is likely to be more harmful than the outcome of a fist fight between two drunken football fans. Judges are allowed to exercise discretion so that they can adapt the broad rules and objectives of sentencing to the nuances of each case brought before them. The context and consequences of criminal activity should inform sentencing decisions, not an artificially narrow definition of “violence”. | |
Families and other social networks can play an important role in supporting and encouraging an offender as they rehabilitate. Wives, husbands and children can effectively monitor the behaviour of an offender when trained staff are unavailable. Given that the imprisonment of an adult family member is emotionally traumatic and financially damaging, families have a strong incentive to ensure that rehabilitation is successful. Disruptive family environments are also catered for by the proposition resolution. Where family breakdown is a cause of criminality, social workers and rehabilitation specialists will be able to “treat” the family alongside the offender. Underlying drug or alcohol addictions can be addressed. ‘Therapeutic programs’, as they are termed, enable offenders to be rehabilitated by and within the community in a ‘living-learning situation’ [i] . Prison on the other hand is an unsupportive environment where offenders are blamed for their behaviour and sometimes coerced into rehabilitation programs [ii] . In a prison context, an offender would be treated in isolation, without the opportunity to address underlying familial issues that might cause reoffending. Prison can be iatrogenic (increase risk) by removing offenders from their source of social support, families, jobs and accommodation; rehabilitation is more likely to be effective when it is used in conjunction with those factors, not apart from them. Furthermore, the available evidence suggests that prison staff hold ‘rather unsympathetic’ attitudes towards prisoners [iii] , inferring a culture unfavourable to effective rehabilitation. Although an offender may be prevented from committing crime for the duration of a prison sentence, this does not represent a significant advantage over the proposed resolution. For the reasons set out above, a prisoner released from a custodial sentence is likely to be incentivised to engage in crime (due to a lack of employment opportunities and social isolation), and will commit more serious types of crime. [i] Day, A., Casey, S., Vess, J. & Huisy, G., “Assessing the Social Climate of Prisons”, February 2, 2011 from Australia Institute of Criminology, Page 8/Page 32 [ii] Day A. & Ward T., “Offender Rehabilitation as a Value-Laden Process” in International Journal of Offender Therapy and Comparative Criminology (June 2010: Vol 54. N.3) Page 300 [iii] Day A. & Ward T., “Offender Rehabilitation as a Value-Laden Process” in International Journal of Offender Therapy and Comparative Criminology (June 2010: Vol 54. N.3) Page 294 | |
There is no moral duty to respect the humanity of terrorists. Terrorists themselves do not respect human rights. By attacking civilians, they breach the terms of the Geneva Conventions and international human rights law. They do not deserve to be protected by the laws of war because they do not behave like a military organisation. If they do not comply with the laws of war there is no reason why they should enjoy the benefits of the Geneva Conventions when they are detained. | |
The moral duty to respect a basic level of humanity, which the Geneva Convention embodies, must be retained Even if we think the terrorist cause is illegitimate we have a moral duty to respect a basic level of humanity. There are certain acts, such as torture, to which no individual should be subjected, regardless of their own behaviour. The Geneva Convention is about universal respect for human dignity (International Committee of the Red Cross, 1949), not merely for those who show it in return. Civilised nations can and should be expected to act in a humane manner, regardless of the barbarity of their adversaries. Only by acting in such a manner can states prove the superiority of their own humanity. | |
Poor treatment is not a significant recruitment tool: whilst some people may be encouraged to join terrorist groups as a result of such behaviour, those who are outraged by human rights abuses in this context should be equally concerned about the violation of human rights which occurs when a terrorist detonates a bomb, or flies into a building, killing large numbers of innocent civilians. The ideology invoked exists independently of the way in which suspects are treated and indoctrination with such beliefs is the real tool in the recruitment process. | |
The United Nations can punish those states who refuse to subject its prisoners of war to the Geneva Conventions The United Nations, as the institution that formed and maintains the Geneva Conventions and other restrictions on warfare, is able to use its structures to punish states that do not adhere to its protocols. The International Criminal Court, established by the Rome Statute of 1998, is able to prosecute those specific persons who are charged with war crimes. Such defendants, if convicted, can be ordered to pay the victims. Furthermore, the International Court of Justice is able to bring cases against specific states that are clearly identified as having broken the protocols of war. As such, the United Nations is both legally and institutionally capable of ensuring that the dictates of the Geneva Conventions are upheld, specifically the right of a combatant captured in a conflict zone to be granted prisoner of war status. While this would provide a degree of protection for captured terrorists, it also means that terrorist organizations are subject to standards of conduct in war. Making them subject to the Geneva Conventions would uphold an incentive of restraint which might sometimes influence their conduct. | |
Terrorists are engaged in war, which much remain subject to the Geneva Conventions lest it become unrestrained Terrorists are engaged in a war like any other: they unite as a political actor to undertake military action in favour of a specific cause. The fact that they do not represent one individual nation and that they are not at war with a specific list of states does not undermine this: Al Qaeda, for example, has clear goals including eliminating American influence within Muslim nations, destroying Israel and re-establishing the Caliphate (Blanchard, 2007). The fact that we may not view these causes as worthy or legitimate is irrelevant: we do not assess the merits or legitimacy of a conflict between states before deciding whether to apply the Geneva Convention. It should therefore apply equally to soldiers and terrorists. The Geneva Conventions were formed to ensure that future wars would not result in the barbarity and wanton violence that mired World War II; to deny it to terrorists would risk the undermining of norms that have developed to restrain warfare. If we don’t treat terrorists as prisoners of war therefore, we risk a return to the barbarity of warfare in the first half of the 20th century. | |
Terrorists are not engaged in a war. Their actions are aimed at destruction of civil society and of nations across the globe. The Geneva Conventions exist to control wars between nations in a way which respects human dignity and minimises long-term harm. Wars between nations have a foreseeable end, and the Convention is an important means of aiding reconciliation and cooperation in the future: it is harder to build a relationship with a state which has brutally tortured your soldiers upon capture. However, a war against terrorists will often have no end: it is inconceivable, for example, either that Al Qaeda will successfully achieve the reestablishment of the Caliphate or that the West will quash all terrorist activity. Reconciliation and future cooperation are meaningless here. | |
The United Nation has the potential to punish parties that do not abide by its protocols, including the Geneva Conventions. However, its ability to do so is limited even when it comes to states since that power is itself granted by its member states. For example, the International Criminal Court is only able to bring cases which the Security Council approves. Therefore, the contemporary targets of terrorists, most notably the United States and the United Kingdom, are inevitably going to veto any proposition to persecute themselves for violating the Geneva Conventions. The circular process of asking a state whether it will approve the prosecution of itself betrays the absurdity of the United Nations as an institution enforcing the protocols of war. As for the behaviour of terrorist groups, their members are subject to prosecution for actions equivalent to war crimes whether or not they are subject to the Geneva Conventions. | |
Harsh interrogation is indeed necessary, due in part to the unique efficacy of harsh interrogation in dealing with the new threat. The interrogation of a terrorist is qualitatively different to that of a soldier, due to the nature of terrorist attacks and the importance of information in their prevention. Michael Hayden, former Director of the CIA, argues that there is no other way for the CIA to have acquired information from them, ‘given their character and given their commitment to what it is they do’ (Martinez, 2009). The effectiveness of harsh interrogation may vary, but an absolute prohibition based on the few exceptions would be too high a price to pay. Protecting civilian lives must come before maintaining any moral high ground. | |
Poor treatment of terrorists affirms terrorist ideology and provides a recruitment tool, therefore the Geneva Conventions must be applied to prevent this. Poor treatment affirms terrorist ideology: regardless of what is morally right, it would be beneficial to treat terrorists in the ways prescribed by the Convention. Terrorist ideology is often predicated on the behaviour of those countries against which it is targeted. Treating captured terrorists or terror suspects in a way that ignores their human dignity only reinforces negative perceptions of the West and encourages the radicalization of the youth (McCarthy, 2007). In addition, such behaviour can be used to justify terrorist actions to less radicalised members of certain communitie | |
Harsh interrogation is not necessarily an effective tool for extracting valuable information. Harsh interrogation of captives has not been shown to be effective (White, 2007). Those who are prepared to die to advance their cause are unlikely to yield information, no matter how much they are threatened or tortured. Where captives do provide information, they often state simply what they think that the interrogators want to hear, rather than anything that is true (Mazzetti, 2007). In addition, given the cellular nature of many terrorist organisations, those captured often have very little useful information to begin with. Even if they have been involved in a plot, they may only have information about a very small part of that plot. Furthermore, winning the trust of prisoners can lead to more effective information than the use of torture. | |
Special interrogation methods are not necessary to combat the terrorist threat. It is always easy to imagine extra lengths that states could conceivably go to in order to protect their soldiers or civilians. However the ambition of the Geneva Conventions in the wake of World War II was to establish limits. The ‘unlawful combatant’ legal loophole created by the United States threatens to erode the restraint on warfare built up over half a century. The high-profile case of waterboarding involving Al-Qaeda suspect Abu Zubaydah casts serious doubt on any claim that such methods are effective, and by extension, necessary in combating the terrorist threat. Water-boarded 83 times in one month, Zubaydah’s treatment demonstrates that the absence of the constraints of the Geneva Conventions is a slippery slope to the use of wanton, sadistic violence with no justifiable end (Shane, 2009). Though Zubaydah’s interrogation is believed to have been fruitful in terms of intelligence gathered, there is little reason to believe ordinary interrogation methods would not have been similarly successful over time. | |
The re-definition of terrorists as unlawful combatants threatens to encourage the use of the evolution of war as an excuse for human rights abuses. The refusal to apply the Geneva Conventions allows states to use tactics such as indefinite detention without trial and enhanced interrogation techniques such as water-boarding, which are seen by many as a form of torture (UN General Assembly, 1984). These practices are cruel and significantly harm the physical and psychological wellbeing of detainees. Even if these techniques were effective in the war on terror, they should not be practiced because they are a violation of both the laws of war and international human rights law (ICRC, 1948). Moreover, under Protocol 1 (1977) Additional to the Geneva Conventions, non-state forces engaged in wars aiming at self-determination are permitted to operate without use of uniforms or carrying arms openly (except during combat and while visibly deploying immediate prior to attack). | |
With no hope of reciprocity, adherence to the Geneva Conventions would undermine the fight against terrorism There is no moral duty to respect the dignity of terrorists. States should do whatever possible to protect their own citizens. The Geneva Convention is about reciprocity: it is in the interest of our own citizens to treat enemy combatants in a humane manner so that if our soldiers are caught they will receive similar treatment. There can be no guarantee of reciprocity from ‘terrorists’ as a whole, or even specific terrorist groups given the cellular nature of the organisations and the disparate nature of the command structures. Furthermore, terrorists specifically use poor treatment of hostages as a tool in their campaign. Given this, it is in the interests of our own citizens to use whatever means possible to fight terrorism; compliance with the Geneva Convention undermines this. | |
There are other means by which to protect the rights of terrorists without needing to apply the Geneva Conventions Under the auspices of the Geneva Conventions, prisoners of war can be detained for the duration of hostilities, and are only entitled to return home at the end of the war (International Committee of the Red Cross, 1949). Given the open-ended nature of the war on terror, it is very likely that treating terrorist detainees as POWs will mean they are never released. Furthermore, there is no guarantee that the Geneva Conventions protect human rights any better than existing domestic law or policy. In democracies, the accountability of elected politicians and judicial review by independent judges can instead be trusted to ensure that detainees are not abused or mistreated. | |
Special interrogation methods are necessary in order to combat the terrorist threat The war on terror is unlike any other war and so different tactics are necessary in order to win. There is no point maintaining a moral high ground where this leads to more civilian deaths. The Geneva Conventions put barriers in the way of winning the war on terror because tactics such as indefinite detention are necessary. For example, Israel’s practice of targeted killing of terrorists was restricted by the Israeli Supreme Court on the grounds that it did not comply with the Geneva Conventions (The Public Committee against Torture in Israel v. The Government of Israel, 2006). Often there is no other way to combat terrorists and the Geneva Conventions restrict tactics that save hundreds of lives. Governments would also not be able to gain as much intelligence if they had to adhere to the Geneva Conventions when interrogating terrorists. It is dangerous to put the west at an operational disadvantage in the war on terror just to maintain a moral high ground. | |
Terrorists are not lawful combatants, therefore they not do not acquire prisoner of war status Prisoner of war status is only granted to those who legally and morally deserve its protections. Therefore, those who wish to seek the protection of the Geneva Conventions, the laws of war, have a duty to distinguish themselves from the civilian population (Detter, 2007, p.1063). Terrorists who absolve themselves of this responsibility in the pursuit of wanton violence, who flagrantly ignore the laws of war, cannot thereafter appeal to its protection once captured. Such a norm is required in order to preserve the sanctity of the Geneva Conventions, including the immunity of civilians, and prevent the encouragement of using civilians as means to ends. Terrorists who operate outside of the law and attempt to thereafter use it to their advantage should be denied that opportunity. Attempts to permit the use of non-uniformed soldiers in Protocol 1 lack authority as several key states are not party to it (including the USA and Israel). | |
The Geneva Conventions provide the only fair, impartial and strong mechanism for protecting the human rights of detainees in the war on terror. Applying the Geneva Conventions would allow the Red Cross to inspect prisons where detainees are held (Anonymous, 2002). Breaches of the Geneva Conventions also give rise to State Responsibility, as seen in the USA and Israeli courts’ supervision of the treatment of terrorists and terror suspects. Individuals can also be held criminally responsible for breaches of the Geneva Conventions, for example the Charles Taylor trial at the Special Court for Sierra Leone and the trial of Radovan Karadzic at the International Criminal Tribunal for the Former Yugoslavia (Dworkin, 2003). The Geneva Conventions are therefore a useful way of ensuring that states respect human rights, rather than simply promising to treat detainees well as a matter of policy. | |
Treating terrorists with respect for their human rights allows those fighting the war on terror to take the moral high ground. By failing to comply with the Geneva Conventions, countries such as the USA are no better than the terrorist groups that they are fighting. The objects of war have changed, states no longer seek territory purely through force but by cultivating popular support, ‘hearts and minds’ (Kilcullen, 2009). The values that the West stands for are exactly what terrorists are attacking and the West needs to show that it can win the war on terror while still respecting fundamental values such as the rule of law and human rights. Applying the Geneva Conventions is therefore a vital part of winning the war on terror, regardless of whether the terrorists choose to apply them. | |
Hate speech can encourage dialogue and be positive. Allowing hate speech provides an opportunity to combat and change the views of those who are promoting hatred. In the long term this will lead to a reduction in violence through helping air and then solve the underlying causes. (See Op Argument 1) | |
Reduced dialogue While hate speech is a form of expression, it is not one that encourages dialogue. By promoting hatred based on immutable personal characteristics it is by definition anti-dialogue. Hate speech does not contribute anything; it merely provides a justification for violence and discrimination. Extreme messages, be they in words or through symbols, deter moderates from voicing their opinions, either because they do not want to legitimize the message or out of fear of reprisals. This reduces the net dialogue on university campuses and injures the quality of the dialogue that remains. | |
The need for interaction is all the more reason to ensure that all ideas are in the marketplace. This way, the veracity of all ideas are questioned. For example, if someone brings bigoted ideas with them as a freshman, perhaps because these ideas were prevalent in the community they grew up in, if they cannot express these ideas and be challenged they may never attempt to integrate. Instead, they will gravitate to those who share their ideas and remain isolated. | |
Danger to students Hate speech poses a clear danger to students and other members of the campus community. Often, the hatred is directed towards minority groups that are easily identifiable based on skin colour, clothing, or behaviour. Because these minorities are easy to identify, they can be targeted by those swayed by the speaker’s message. Every hate crime is a tragedy and an attack against the principles of WLDs. Even when the message doesn’t provoke violence, it can have a deep emotional harm on members of the targeted community. As such, the government has a duty to intervene to ensure that individuals are safe. [1] [1] Kaminer, Wendy and Femi Otitoju, “Protecting free speech is more important than preventing hate speech” (Debate) Intelligence2. Retrieved 2011-08-24. | |
The government’s primary duty is to protect the constitutional rights of its citizens. Censoring speech is a clear attack on the right to free expression. Governments can use the criminal code to ensure people are protected. Acts that physically harm people or directly encourage others to use violence are already illegal and these laws can be enforced without violating an individual’s constitutional rights. [1] [1] Kaminer, Wendy and Femi Otitoju, “Protecting free speech is more important than preventing hate speech” (Debate) Intelligence2. Retrieved 2011-08-24. | |
There is the potential for massive harm should universities become places where individuals continuously need to contain their thoughts and ideas for fear of sanction. It is far easier to actively promote open dialogue and tolerance as this will lead to more diversity. | |
Allowing Hate Speech Discourages diversity Members of groups that find themselves the targets of hate speech will be less likely to attend universities where they feel targeted. As a result, those campuses will become less diverse which will decrease the most effective deterrent of hateful ideas: understanding through interaction. Less Muslim, gay, Jewish, etc. students on campus is exactly what those promoting hatred are trying to achieve. Less students of the targeted group makes them easier to target because there are less people speaking out against the hate speech. A downward spiral is created that, if not checked, can drastically reduce campus diversity which is a massive harm to social integration and social harmony. Speech codes or other censorship sends a signal to minorities that they are welcome in the university. [1] [1] Seaman, Julie, ‘Hate Speech and Identity Politics’, Florida State University Law Review, Vol. 36:99, p.107 | |
Discourages education of minorities When individuals feel that they will be targeted at a university based on who they are, they are less likely to attend that university either out of fear they will be discriminated against or because they believe that they will not be allowed to express themselves freely without being discriminated against or assaulted. No group should be discouraged from attaining higher education because of immutable personal characteristics. Tertiary education is at the heart of social mobility and self-actualization. Even if no attack ever takes place, because hate speech can create an atmosphere which deters members of society from attending university the state is justified in banning it. | |
As stated, hate speech can have significant harm on certain individuals’ abilities to attend university and engage in campus life. Their rights to education must balanced against any potential harms that may befall someone who has to think twice before saying something hateful about a member of their university community. | |
It is wrong that obnoxious and hateful views should be given an airing and individuals left to their own devices to decide if those views are right or wrong. Accepting that these views can be voiced on campus and opponents of these views can make their own case implies that these views have equal standing; which is not the case, while there may be freedom of speech there is not freedom to hurt one and other. It is wrong to suggest that hateful ideas will spread faster if banned as if they are not banned those who are preaching such ideas have greater access to others so have more opportunity to persuade | |
Universities are bastions of free expression Historically, universities have been centres of free speech and expression. The idea of tenure for professors was developed to ensure academic freedom both for teachers and students. [1] Censorship of any type of expression is a direct assault on the principles of a university. As Oliver Wendell Holmes commented, "The very aim and end of our institutions is just this: that we may think what we like and say what we think." Free speech on campus is responsible for producing, or at least fostering many of the progressive ideas of the 20th century even though these ideas were threatening and caused emotion distress to many people. [1] American Association of University Professors (AAUP), ‘1940 Statement of Principles on Academic Freedom and Tenure’, 1940, | |
Freedom of expression is a political right Freedom of expression is enshrined in the constitutions of all WLDs because it is a necessary political check on the government. For example article 10 in the European Convention on Human Rights [1] and The First Amendment in the United States. [2] The protection of this right is most severely tested when the ideas are abhorrent to our morality but when one person is denied their freedom, it is a harm to everyone’s freedom. [1] ‘Convention for the Protection of Human Rights and Fundamental Freedoms’, June 2010, [2] ‘Amendment I’, Cornell University Law School Legal Information Institute, | |
Freedom of expression is a means to education Students need to be able to take chances and express unpopular ideas in order to maximize their personal growth and development. Speech codes, even ones designed to only censor hate speech, have a chilling effect on all speech as students become afraid to say anything that is not politically correct. For example a student at California Polytechnic State University underwent a day long disciplinary hearing for posting a flyer publicising a talk “It’s O.K. to Leave the Plantation”. [1] It would not be surprising if students are less willing to organise such events after such a dressing down. Students also need to learn to respond to ideas they don’t like because even if censorship of hate speech is effectively controlled on campus, it still exists in the outside world. Students will only be able to maximize their ability to ask questions, state opinions, and respond to ideas on a free campus. [1] Berger, Joseph, “Film Portrays Stifling of Speech, but One College’s Struggle Reflects a Nuanced Reality” New York Times, June 27, 2007. Retrieved 2011-08-24. | |
The marketplace of ideas The truth can only emerge from competition between various ideas in free, transparent discourse. To silence any idea is to remove ideas from the marketplace thus reducing the individual’s ability to use his/her reason and intellect to arrive at a conclusion. [1] Silencing ideas also creates separate marketplaces thereby reducing the legitimacy of both and making it easier for someone espousing hate speech to use censorship as a justification for not engaging their ideas in open debate. When this happens, it becomes more likely that individuals who feel alienated from main stream society will find meaning in the hateful ideas which have also been excluded from the mainstream. This is very similar to the concept of the free market in economics where the freer the market the better off everyone is. [2] [1] Wikipedia, “Marketplace of Ideas”, Retrieved 2011-08-23. [2] Lee, Steven P., ‘Hate Speech in the Marketplace of Ideas’, D. Golash (ed.), Freedom of Expression in a Diverse World, 2010, p.15 | |
All rights have to be balanced. Universities have a duty to ensure that everyone is protected and if one person’s right to free speech is infringing on another person’s right to safe access to education in a non-hostile environment then it is just to slightly infringe the first party’s right rather than entirely eliminate the second party’s right. | |
Whatever value the expression of hate speech has can be discussed in classrooms where the ideas can be discussed in their social context rather than promulgated from a platform. Banning hate speech will not transform universities into factories of rote learning or crush a progressive atmosphere. Hate speech isn’t about affirming rights, it is about limiting rights. There is no analogy here to the feminist or gay rights movements. | |
It is better that people be afraid of what is really happening than to be blissfully ignorant and thus vulnerable. Crime can be frightening, but people need to know about it so they can prepare themselves to deal with it. Furthermore, if violence is growing within communities, there may well be a need for better policing, so calling for such provisions is not necessarily just treating the symptoms of social illness, but rather is holding society together and maintaining necessary order. [1] Fear may cause people to do irrational things, but so too can ignorance. [1] Jones, Stephen. Understanding Violent Crime. London: Open University Press. 2000. | |
Reporting generates a constant iteration of fear in the public, and precipitates a ratchet effect toward crime Constant reporting on violent crime makes people more fearful. This not a deliberate effort on the part of the media to keep people afraid, but rather is a corrosive negative externality; violence sells, so media provides, resulting in the scaring of audiences. The result of the media’s reporting on violent crimes is a constant iteration of fear, which makes people wary of each other, and of the world. [1] Furthermore, such reporting creates a feeling in people of other individuals and groups most often reported as committing crimes as being “other” from themselves. For example, reporting on extensive crimes in inner-city areas in the United States has caused middle class suburbanites to develop wariness toward African-Americans, who are constantly reported in the media as criminals. This is socially destructive in the extreme. The heightened senses of insecurity people feel leads to vigilance in excess. This is bad for people’s rationality. All these problems yield very negative social consequences. The constant reporting on violence leads to people demanding immediate law enforcement, and politicians quick to oblige, which leads to a ratchet effect, a precipitous increase in punishments for crimes. This results in a severe misallocation of resources; first in terms of irrationally high spending on extra policing, and second in terms of the excessive allocation of resources and authority to the state to solve the problems of crime through force. This is observed, for example, in the enactment of the PATRIOT Act, which was acclaimed in a state of fear after 9/11, and which gave extensive, even draconian powers to the state in the name of security. The media fuels this hysteria. Without its influence, cooler heads can prevail. The end result of all this is a treating of symptoms rather than the cause. Putting more police on the streets, and getting tough on crime fail to address underlying issues, which are often poverty and the social ills arising from it. [2] Citizens and governments should instead face the actual problem instead of choosing flashy option. [1] Rogers, Tom. “Towards an Analytical Framework on Fear of Crime and its Relationship to Print Media Reportage”. University of Sheffield. [2] Amy, Douglas J. “More Government Does Not Mean Less Freedom”. Government is Good. 2007, | |
Some journalists and media outlets are despicable in the way they treat people. Preying upon victims and their families is absolutely wrong, but a ban is not the way to solve this problem as it would simply move the media frenzy to whenever the ban on a case is removed and the details become public. Instead better regulation of the press is needed in such emotional cases in order to make sure that the media is respectful of families and also to make sure that those accused are seen to be innocent until proven guilty. | |
Reporting on violent crimes compromises the integrity and fairness of law Judges and juries have to be neutral when they preside in court, and no bias can enter the court’s discourse and deliberation if justice is to be done. This is especially true of violent crime, for two reasons. First, in such cases, the court is dealing with people’s lives, as violent crime convictions yield high sentences, and the court’s decisions often have a lasting effect on the physical wellbeing of both victims and perpetrators of such crimes. Second, the visceral nature of violent crime naturally causes an emotive response from people hearing about it, which can cause them to act less rationally. [1] Opinion is thus more easily colored in deliberations over violent crime than with any other kind. In light of these facts it is necessary to analyze the behavior of the media when it reports on violent crimes. The media is a commercial enterprise. It prioritizes sales over truth, and always wants to sell the good story and to get the scoop. For this reason the media relishes the opportunity to sell the “blood and guts” of violent crime to its audience. Furthermore, the race to get stories first causes reporters and media outlets to jump to conclusions, which can result in the vilification of suspects who are in fact innocent. The media sensationalizes the extent of crime through its extreme emphasis on the violence; it builds its stories on moving imagery, emotive language, and by focusing on victims and their families. At the same time the media seeks to portray itself as being of the highest journalistic quality. [2] This behavior on the part of the media is tremendously bad for the legal process. The media circus surrounding violent crime necessarily affects potential jurors, judges, lawyers, and the general public. This has been observed on many occasions; for example, after the OJ Simpson trial some jurors admitted that the pressure generated by the media added significantly to the difficulties of deliberation. The inescapable consequence of the media reporting on violent crimes is that people cannot help internalizing the public opinion when it stands against a person on trial. Thus court judgments in the presence of a media circus must be held suspect. By restricting reporting on violent crime, however, the pressure can be relieved and the legal process can function justly. [1] Tyagi, Himanshu. “Emotional Responses Usually Take Over Rational Responses in Decision-Making”. RxPG News. 16 February 2007, [2] Lee, Martin and Norman Solomon. Unreliable Sources. New York: Lyle Stuart. 1990. | |
Law should be just and unbiased. That is not a controversial position. However, it seems difficult to imagine that reporting on violent crimes has so tremendous an effect on the public that judges and jurors cannot be unbiased in their deliberations. Rather, the process of jury selection as it stands is designed to guarantee that there is no bias with both prosecution and defence being allowed to examine and object to a juror. Furthermore, most reporting on violent crime is about simple facts rather than any attempt to influence opinion on specific crimes. This is the essence of what news is, people have a right to know what is going on in their society, even if what is going on is brutally violent. | |
Terrorists and serial killers make up a tiny proportion of murders and violent criminals in Western countries. In the United Kingdom for example there have been less deaths due to terrorism between 2000 and 2010 than due to bee stings. [1] As a result the very few copycat attacks are not really the issue at all when the question of reporting on violent crimes in the media is under discussion. Talk about these rarities serves only to distract people from the reality that most violent crime is not so bizarre as these cases. [2] Rather, the need to report on violent crime stands for all the violent crimes committed in every society, and fears of terrorists and serial killers can do little to challenge that need. [1] Anderson, David, ‘The Terrorism acts in 2011’ Report of the Independent Reviewer on the Operation of the Terrorism Act 2000 and Part 1 of the Terrorism Act 2006, June 2012, [2] Morton, Robert. “Serial Murder”. National Center for the Analysis of Violent Crime. 2005. | |
The state owes a duty of protection to victims, victims’ families, and those accused of committing crimes Victims of violent crimes and their families face an emotional and vulnerable time in the wake of such crimes. People need time to recover, or mourn. The media’s fixation on violent crimes subjects these vulnerable people to the assault of reporters. In fact, there exists a perverse incentive for the media to badger families until they break down, as tears sell. Such exploitation must be stopped, and the best way to do that is to deny the media the ability to report on such things. The media does not care about hurting feelings, and bad behavior on the part of reporters never hurts readership of media outlets, as is indicative of such tabloids as the National Enquirer. Outlets can always deflect any backlash that might occur for their excesses by cutting loose “rogue reporters”. Furthermore, families and victims usually do not want the media's, and the nation’s eyes upon them. Rather they tend to seek support from family and community, not the faceless masses. [1] People generally want to mourn in their own way. They may not want to become part of a media-driven narrative, and certainly not to become symbols for a new social crusade to reform communities. Removing violent reporting removes these perverse incentives to irritate victims and families, and instead leads to more respectful and considerate treatment. As for those accused of crimes, it can be hard for someone acquitted after a trial or accusation to get on with life. Some people may find themselves roundly accused by the media and public, even portrayed as monster, making it very hard to move on, even when their names are officially cleared. This is completely contrary to how the legal system should function, where acquittal is meant to deliver absolution. Allowing the media to construct narratives of guilt in the absence of evidence undermines the very fabric of justice. The media’s incessant coverage of violent crimes and its alacrity to make accusations and jump to conclusions can destroy someone’s life, more than even having to stand trial does. Justice must prevail and be fair to those to whom it judges in court, and this can only be done by not allowing the media to turn the mob against people even after their names are cleared. [1] Canadian Resource Centre for Victims of Crime. “Victims and the Media”. 2011, | |
The contagion effect of reporting on violence leads to increased impetus for terrorist attacks and serial killings The media has been consistently demonstrated through empirical evidence to aid in the exacerbation of premeditated violence. There is an observable contagion effect, as the media serves to spread the virus of violence. Studies have shown that the greater the level of media coverage, the shorter the lag time between initial crime and emulations of them. In the case of terrorism, there is a demonstrable clustering effect. The 1970s embassy takeovers in Middle East, for example, show how media coverage can encourage terrorists to emulate past actions that gained attention in the past. [1] People see success of certain kinds of attacks and seek to repeat them. For example, the successes of Fatah in Israel led to the formation of the German Red Army Faction that would be responsible for many terrorist activities. In the case of serial killers and mass murders, the media generates the “hot death story” of the moment, leading to an observable clustering effect, much as occurs with terrorism. For example, the Virginia Tech shooter cited the Columbine shooters as his inspiration. Serials killers are often attention-seeking individuals who crave media attention, which they are obligingly given. An example of this is the Unabomber, who ramped up his parcel-bombing campaign as a result of the media attention given to Timothy McVeigh’s mass murder in Oklahoma City. The media not reporting on violent crimes means eliminating the problem of emulation, and stops feeding killers’ pathologies. [1] Nacos, Brigitte. “Revisiting the Contagion Hypothesis: Terrorism, News Coverage, and Copycat Attacks”. Perspectives on Terrorism 3(3). 2009. | |
Political will to affect change in areas riddled with violent crime is not generated by media reporting on the violence. Rather, the way the media reports, prioritizing the sensational, blood and guts, aspects of crimes, results in frightened voters clamoring for something to be done. This usually just results in more policing and more draconian sentencing laws. Neither of which solve the underlying problems of poverty and poor provision of essential state services. Rather, they serve merely as stand-ins for real action, resulting in no efforts to genuinely reclaim troubled communities. By excluding media reporting on the most visceral goings on in these areas, namely violent crimes, politicians and the people affected can enter into rational dialogue that is not perverted by media sensationalism. | |
It is not necessary for people to know the extent of criminal activity in order to be able to take precautions, everyone regardless of whether they know the amount of crime in an area should take what precautions against being attacked that they can. For example they should stick to walking on well-lit streets at night. Local groups on the other hand do not need to be informed by the newspapers if there is crime in the area, they will already know because they live there how safe the area is. The police will certainly give residents the information if there is a threat to them even if they are not giving that information to the media. | |
To not promote the truth of events is contrary to the duty, and to the right of free speech, of a responsible media The media has two jobs; first, it has a duty to report on what people care about, and second, it has a duty to report on things that seriously influence society. Muzzling the media’s ability to disseminate information by preventing reporting on violent crimes can only do harm to society. The media has a fundamental duty to report on anything that may influence the lives of the citizens it reaches. This is particularly true of the state-run media, which is meant to be free of political influence and is not as dependent upon ad revenues and thus not as prone to sensationalist reporting. Beyond its duty to inform, the media, like all bodies and individuals in society have a right to freedom of speech. This must extend to the right to report on things that are ugly and that frighten people. It is better that people be informed of the truth by a free media and be terrified than to leave people without knowledge of the real seriousness of criminality. Fundamentally, the right to freedom of speech and of expression must be protected. If the media should give way on the issue of violent crimes it loses all credibility as a genuine font of truth. [1] To protect the basic rights of citizens, the right of the media to report on violent crimes must be upheld. [1] PUCL Bulletin. “Freedom of the Press”. People’s Union for Civil Liberties. July 1982. | |
The mainstream media is essential for the accurate reporting of information; without it reporting on violent crimes, they would simply be reported by less accountable, less accurate freelance reporters and blogs The media is regularly accused of being sensationalist and of hyping up the extent and gruesomeness of violent crimes. In some cases this may be true, but the media generally reports facts in a sober and informative, if also exciting, way. Without the mainstream media, however, news about violent crimes will still spread. The news will be disseminated within local communities and across the Internet via email and blogs. The result is lessening of journalistic quality, as bloggers are not bound by any exacting requirements in terms of the need for factual bases of stories. [1] The mainstream media provides a largely credible source of news that new media still lacks. In the absence of mainstream reporting, especially on such a hot button issue as violent crime, will only serve to spread disinformation, leading people to draw inaccurate conclusions and make decisions based on inaccurate knowledge. [1] Rouse, Darren. “Is New Media a Threat to Journalism?”. ProBlogger. 15 October 2007, | |
The media’s reporting and investigating acts as a check on the behavior of the justice system The state often does not want to deal with serious social issues in politically disenfranchised areas, where crime rates tend to be higher and the populations poorer This is because such areas cannot be counted on for electoral support as they often have low turnout rates and can be too complicated to be worth dealing with from a political perspective. Without the media, no one will report on criminal activity in these areas, meaning there will be no political will to reform them. This gives the police the opportunity to abrogate their responsibility to these communities. In the absence of media reporting, authorities would also be able to hide the true extent of crime in misleading statistics. For example, police in parts of the United States have been caught publishing deliberately false crime statistics, often understating levels of violent crime in poorer communities. [1] The media has served to uncover the truth of these police abuses of the facts. Only with a free media can people truly be informed about what is happening in society, and that extends to information about violent crimes. [1] Thompson, Steve and Tanya Eiserer. “Experts: Dallas Undercount of Assaults Builds ‘Artificial Image’”. Dallas Morning News. 15 December 2009. | |
It is necessary for people to understand the extent of criminal activity in order for them to coordinate an effective response People have a right to know, for the sake of their own safety, about violent crimes being committed. Otherwise they will be unable to prepare themselves adequately for the possibility of being attacked. However people cannot make rational decisions about how to react and respond to violence in society if they do not have an accurate picture of not only the frequency of crime, but also their nature. Everyone should take necessary precautions to prevent themselves being victims of crime, as part of this they should know what areas are for example safe to walk through at night. If there is little or no reporting of where and when crime occurs the public will not have this necessary knowledge to keep themselves safe. Local groups will also be less able to protect their neighborhoods. For example in Pimlico, London, local groups have set up patrols in order to deal with an increase in muggings, if these muggings were not reported such local action would not have been possible. [1] [1] Davenport, Justin, and Moore-Bridger, Benedict, ‘Vigilante patrols set up to beat Pimlico prowlers’, London Evening Standard, 8 December 2011, | |
Bans and restrictions on the old media would equally affect the ‘new’ media of the internet age. Bloggers could just as easily be taken to court for their reporting as conventional journalists so the news would still be restricted. While individuals may still report crimes this would become limited to the local area where people do have a genuine interest in the crime rather than it being reported nationally. | |
There is no such thing as these two duties that the opposition asserts for the media. The media is a business like any other, because its business is information and news it will report on violent crime as it is something that the people care about so will purchase news about it, but it does not have a duty to do such reporting. Similarly there is no duty to report on things that influence the lives of the citizens of the state, again the media does so but only because it sells. Indeed large amounts of media do not report things that are either things that most people care about or things that seriously influence society. There are lots of magazines and newspapers on things like hobbies, such as toy models, but it is absurd to suggest that this is what most people care about or that the issues that affect toy model hobbyists influence the rest of society. It would be equally absurd to suggest that such a magazine or newspaper should have a section devoted to violent crime because that is what is important. | |
Prison is the harshest possible way to prevent the offender from continuing to bully. As the crimes were committed online the offender can be cut off from the internet, or simply banned from the sites where he was committing the offence. | |
Jail prevents continued harassment Part of the point of time detained in jail is to prevent the offender from reoffending while inside. Being in jail prevents the offender from continuing to engage in cyberbullying by denying unsupervised access to the internet or telephones. It is the most reliable way to prevent reoffending for the duration of the sentence. | |
Punishment does not have to be the complete loss of freedom that is prison. The loss of freedom as punishment should be interpreted more broadly than not being able to move from a particular location. Losing the freedom to use the internet or social networks can be as much punishment when these are activities that the offender enjoys. | |
Cyberbullying ruins lives just like any other bullying; age of the culprit does not matter Punishment must fit the crime. Cyberbullying by a young person can be just as damaging to a victim as a similar crime by someone older. As a result should be equally punished. When cyberbullying has ruined someone’s life, and possibly led them to commit suicide, there were 9 teenage suicides as a result of bullying on Ask.fm in 2012 alone, [1] then not only the victims but their loved ones lives have been ruined as a result of the offender’s actions. Such a consequence deserves jail time to pay for the actions. [1] Broderick, Ryan, ‘9 Teenage Suicides In The Last Year Were Linked To Cyber-Bullying On Social Network Ask.fm’, BuzzFeedNews, 11 September 2013, | |
Sentencing a criminal should not just be about punishing them for the magnitude of the result of the crime. Instead it should be about reformation and reintegrating the offender so that they can continue their life in future without engaging in any crime. While cyberbullies bear much responsibility for what they have done when the victim commits suicide it was not a direct action by the offender. | |
Prison is punishment While rehabilitation and prevention are important parts of sentencing there also needs to be punishment. There being a punishment, is necessary to ensure there is a deterrence to prevent the offender reoffending, and to prevent others carrying out the same crime. This applies equally to young offenders as to older criminals. | |
The other options are much less likely to be effective at stopping the bullying from taking place than jail time. 58% of ASBOs handed out between 2000 and 2013 were breached. 43% were breached more than once. [1] [1] Home Office, ‘Anti-social behaviour order statistics: England and Wales 2013 key findings’, gov.uk, 18 September 2014, | |
Many children under the age of 18 both know the consequences of their actions and know that bullying, whether on or offline, is wrong. We cannot simply let these people get away with little punishment simply because they are under 18. If they have a lower mental age then there is already the possibility of the defence pleading diminished responsibility. | |
Should not damage a normal childhood with jail Putting young offenders in jail does not work, it increases not decreases crime. Going to jail makes children more likely to offend again with young offenders 67% more likely to be in jail again by 25 than those young offenders who did not go to prison. At the same time they are 13 percentage points less likely to finish high school. [1] These statistics shows the damage that jail has on a young life; instead of completing high school and eventually getting a job jail usually means those who have spent time before continue on a self destructive criminal path. [1] Beauchamp, Zack, ‘Study: Throwing Kids in Jail Makes Crime Worse, Ruins Lives’, ThinkProgress, 17 June 2013, | |
There are other options besides jail Jail or time in a Young offenders institute is an extreme reaction to a problem that can be solved by other measures. As an online crime the offender could be denied access to the internet or a mobile for a set period. Cutting off access would not only physically prevent reoffending but would have a similar ‘denial of liberty’ to jail. There have been suggestions that there should be internet ASBOs (Anti Social Behaviour Orders) to block people from particular sites in response to racism online, this would be similar. [1] Any other option would be cheaper than prison which costs on average £38,000 per prisoner per year in the UK. [2] [1] Syal, Rajeev, ‘Punish hate crime on social media with internet asbos, say MPs’, The Guardian, 9 February 2015, [2] Ruskin, John, ‘Why has prison emerged as a prominent form of punishment for most crime and what are its functions in relation to wider society?’, Internet Journal of Criminology, 2011, , p.3 | |
Children should not be sent to jail Children under 18 should not be sent to jail. Children are considered less responsible for their crimes and the age of criminal responsibility is arbitrary with some countries having much higher ages than others; in the UK it is 10 however in some such as many Latin American countries it is as high as 18. [1] Children are often not able to understand the full damage of their actions or why it is wrong. This is not something that comes at a set age but is a slow change. As such children at younger ages should not be punished to the same extent as adults. [1] ‘Defense of infancy’, Wikipedia, checked 29 April 2016, | |
The key here is to provide the educational opportunities and care inside a young offenders’ institute that they would be engaging in outside. This will allow learning and development to continue as normal while still providing punishment. The UK has from 2014 been increasing learning to 24 hours a week [1] – very close to what many British secondary schools provide. [1] Fazaeli, Toni, ‘Securing education for young offenders – learning first, detention second’, FE Week, 24 January 2014, | |
The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound to prosecute him because of the request. [1] [1] ITAR-TASS, ‘Ukraine not able to prosecute Yanukovych through International Criminal Court’, en.itar-tass.com, 26 February 2014, | |
Would mean Ukraine signing up to the ICC Having the ICC prosecute Yanukovych currently faces a major difficulty; Ukraine has not ratified the Rome statute. [1] It is therefore outside the jurisdiction of the court. Technically this means the parliament can’t ask for ICC prosecution as there is no State Party to refer the situation to the prosecutor. [2] Clearly there is an easy solution to this; Ukraine should ratify the statute. This would have the benefit of reaffirming international criminal law, showing that it can be beneficial in a crisis, and increasing it as an accepted norm. [1] ICC, ‘The States Parties to the Rome Statute’, icc.cpi.int, accessed 28/2/2014, [2] Rome Statute, Article 14 | |
There is little evidence that Yanukovych still has much support anywhere in Ukraine. However an ICC trial could simply inflame the other side; those who have overthrown Yanukovych are likely to want a trial to take place as soon as possible (which may be a long time off considering he is in Russia) and want it to take place in the Ukraine. The ICC would almost certainly be willing to give in to popular opinion; previously in Libya the prosecutor did not act when it was clear that public opinion did not want an international trial of Saif Gadaffi. [1] [1] Kersten, 2014, | |
Yanukovych committed crimes against humanity Even before most of the violence by riot police in February some experts were suggesting that Yanukovych had committed crimes against humanity – crimes committed by a state against a civilian population. Professor Alexander J Motyl argued “The Yanukovych regime may already be guilty of “imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law” and “persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender … or other grounds.”” [1] Now at the very least murder can be added to that count. [1] Moryl, 2014, | |
Simply committing murder, or imprisonment, or persecution is not enough to make a crime a crime against humanity. It must be “widespread or systematic”. A great many states are involved in individual killings or unjust imprisonments so there has to be a threshold for ICC intervention. Unfortunately this is undefined so it will be up to the prosecutor to decide whether these crimes meet that threshold. [1] [1] Kersten, 2014, | |
International help would be available to ensure an impartial trial in the Ukraine. The OSCE has offered “an OSCE role as impartial witness and guarantor to the implementation of concrete steps agreed between the parties” which could also extend to any trial. [1] With other international organisations involved in gathering evidence and providing legal assistance there could be certainty of an impartial trial without having to go to the ICC. [1] Burkhalter, Didier, ‘OSCE Chair-in-Office welcomes Ukraine agreement’, osce.org, 21 February 2014, | |
Would prevent division Justice is about the past. But when prosecuting someone there also needs to be a thought for the present and the future of the country. In the case of prosecuting Yanukovych there could be serious consequences as he had support in one half of the country. Ukraine is a divided country with many in the East considering themselves to not be Ukrainian, and certainly look to Moscow not the EU. [1] The new administration has already abolish a law that made Russian a second language in the country so infringing the rights of many in the East. [2] Trying a former leader in Kiev would be similarly provocative to those who believe Yanukovych is still the legitimate president, or even those who may not agree with Yanukovych but dislike the westward movement even more. While it would be unlikely to cause conflict on its own the action would certainly be an aggravating factor if other actions against the east of the country are being taken. [1] Jamison, Alastair, ‘Can Ukraine Avoid an East-West Split and Bloody Civil War?’, NBCnews, 26 February 2014, [2] RT, ‘Canceled language law in Ukraine sparks concern among Russian and EU diplomats’, RT.com, 27 February 2014, | |
The Ukrainian justice system is broken Justice for Yanukovych should be international simply because it would be a much better guarantor of a fair trial. The Ukrainian justice system is unfortunately corrupt, and at the behest of prosecutors; it has an amazing conviction rate of 99.8%. This is because judges are they are only appointed for five years then the government confirms tenure if it believes they have been voting the right way. Yulia Tymoshenko, an opponent of Yanukovych, was imprisoned for making a deal with President Putin to ensure gas supplies – something that was a humanitarian necessity to ensure Russia did not freeze Ukraine into submission. [1] [1] Robertson, Geoffrey, ‘Yulia Tymoshenko's trial was a travesty of justice’, The Guardian, 23 February 2014, | |
The Ukraine is perfectly at liberty to decide that it wants its former president to be tried at the ICC rather than at home. The crimes may have taken place in Ukraine but the reasoning behind the need for the ICC is that some crimes – including crimes against humanity – are so great that they are the responsibility of all, they affect other nations. The Ukrainian people would see justice done just as well by it being carried out in The Hague as in Kiev. | |
Even if the former President cannot be prosecuted at the ICC for his corruption there can still be investigations into his wealth, his assets can be frozen and the money found repatriated to Ukraine without specifically indicting him for corruption. Switzerland has already said that it is freezing any of Yanukovych’s assets in the country while the EU is considering an inquiry into his embezzlement. [1] Clearly there will be action taken against corruption even as Yanukovych is being tried for other more serious crimes. [1] Fraher, John, ‘Yanukovych to Appear in Russia Tomorrow as Swiss Freeze Assets’, Bloomberg, 27 February 2014, | |
Does Yanukovych really qualify for the ICC? It is questionable whether Yanukovych’s crimes, as abhorrent as they may be, really qualify for the ICC. It is clear that he does not qualify for three of the four crimes the ICC charges; genocide, war crimes, and the crime of aggression (this is for attacking other states not your own people). This leaves crimes against humanity. Crimes against humanity can include murder when “committed as part of a widespread or systematic attack directed against any civilian population” [1] so the ICC will need to decide whether less than 100 dead is widespread and grave enough to justify the charge – and this is something that is up to the prosecutor. [2] Moreover as yet we don’t know if Yanukovych himself was directly responsible for ordering attacks on the protesters in the last couple of days before the fall of his government. [1] States Parties, ‘Rome Statute of the International Criminal Court’, icc-cpi.int, A/CONF.183/9 17 July 1998, , Article 7 [2] Kersten, 2014, | |
The ICC is slow has resulted in a conviction is against Thomas Lubanga – the trial took eight years from arrest to conviction. [1] The option of trying Yanukovych in the Ukraine with outside help in the process is therefore a better idea. The Council of Europe’s Secretary General has already offered “legal… expertise… by the International Advisory Panel (IAP), which will oversee investigations into recent acts of violence. I expect the IAP to start its work in Ukraine as early as next week.” [2] The OSCE too will help “efforts to establish facts on acts of violence and human rights violations.” [3] Clearly the Ukraine would be in a good position to provide a free and fair trial for its former president that could bring justice much faster than the ICC while also showing justice being done in the right place. [1] Open Society Foundations Justice Initiative, ‘background’, lubangatrial.org, [2] Jagland, Thorbjørn, ‘Secretary General Jagland welcomes the Agreement on the Settlement of the Crisis in Ukraine’, coe.int, 21 February 2014, [3] Burkhalter, 2014, | |
Should be tried at home The ICC recognises that a case is inadmissible where “The case is being investigated or prosecuted by a state which has jurisdiction over it”. [1] The state of which Yanukovych is a national, and where the crimes took place has precedence. Ukraine therefore has first right to try Yanukovych, indeed the ICC will only act if Ukraine is unwilling or unable to do so itself. As the crimes he is alleged to have committed took place entirely in Ukraine, over Ukrainian issues he should be tried in Ukraine. This would allow the Ukrainian people to see justice done themselves rather than relying on others to do it for them. [1] States Parties, ‘Rome Statute of the International Criminal Court’, icc-cpi.int, A/CONF.183/9 17 July 1998, , Article 17 | |
Could not be tried for all his crimes The International Criminal Court only tries a few international crimes. This means that other crimes that Yanukovych has committed that are not covered by ‘international criminal law’ cannot be prosecuted at the ICC. It is possible that not all the charges of violence against protesters may count as the crimes against humanity that the court can charge. Equally Yanukovych’s financial crimes cannot be prosecuted at the ICC. It was already known that Yanukovych became very rich as a result of corruption during his time as president but it is only now beginning to become clear how much corruption there was. Yatsenyuk the new Prime Minister “Over $20bn of gold reserve were embezzled. They took $37bn of loans that disappeared. Around $70bn was moved to offshore accounts from Ukraine's financial system in the last three years” with much of that money finding likely finding its way to Yanukovych or his friends. [1] Considering the hole in Ukraine’s finances it would be far better to pursue these crimes. [1] Walker, Shaun, and Grytsenko, Oksana, ‘Ukraine’s new leaders begin search for missing billions’, The Guardian, 27 February 2014, | |
Slow might potentially be beneficial in this instance. It would mean that there is time for the worst of the scars of the protest, crackdown and change in power to heal so reducing the chance of any instability or violence when the outcome – whichever way it goes – is announced. | |
Clearly whether Yanukovych was directly responsible for the deaths and injuries by ordering assaults is something the prosecutor will need to investigate. It is likely that Yanukovych authorised attacks, there have already been leaks that he was planning to go much further with a large military “antiterrorist” operation to break up the protesters. [1] It seems almost certain that one of the three that the parliament voted to send to the ICC will be responsible for the deaths. It would be far better that the ICC were to be the one who decided who is directly responsible for what than an interim administration that has every reason to dislike Yanukovych and therefore influence the charges. [1] Robins-Early, Nick, ‘Ukraine’s President Yanukovych Planned Crackdown As He Fled Documents Show’, The Huffington Post, 25 February 2014, | |
It is not true that the human rights situation for women is deteriorating. The Social Institutions and Gender Index has found between 2009 and 2012 there has generally been improvement for example “The number of countries with specific legislation to combat domestic violence has more than doubled from 21 in 2009 to 53 in 2012”. Women rights can be improved through the United Nations. This has the legitimacy to convince governments to change their policies and liberalize them. Also, the power of the United Nations comes form the number of countries involved, adding besides the EU, the powerful US, China, Russia, and South Africa etc. More than that, the UN has a lot of experience in dealing with these kind of cases. A perfect example is the economic and diplomatic sanctions imposed on the South African government in order to convince them to leave behind the apartheid regime. Moreover one of the reasons for the United Nations is the promotion of universal human rights, and this applies to women as well as anyone else; there are 187 states that are a party to the convention on the elimination of all forms of discrimination against women. SIGI, '2012 SIGI', OECD, 2012, Reddy, Enuga S., ‘The United Nations: Partner in the Struggle against Apartheid’, un.org, United Nations, ‘Convention on the Elimination of All Forms of Discrimination against Women’, United Nations Treaty Collection, Status at 9 October 2013, | |
Asylum is the only way to protect women The European Union is not able to protect women in other countries that are not a part of the union. Countries that have legislation discriminating against women are clearly not listening to European urgings on human rights. They will not respond to these urgings social and cultural traditions are deeply ingrained and only slowly change. Where women are seen as second-tier citizens it is seen as a natural part of the society can barely walk to the corner of the street without the consent of their husband. Moreover, the situation in countries with legislated discrimination against women is not improving, in countries which were previously secular there is increasingly a challenge from Islamism as in Libya and Egypt during the 'Arab Spring'. Moreover the influence of the European Union is declining; it has always been primarily financial, through aid which is declining, and through investment which, at least in the MENA, region has reversed as a result of those same revolutions. By granting asylum we can help them escape a legal system that clearly is against them and replace it with a European Union legal system that grants them those rights they never had. Kausch, Kristina, 'If Europe is to preserve influence in the Middle East and North Africa, it must move on from technocratic policies towards more flexible cooperation.' LSE European politics and Policy, 21 December 2012, | |
With regards to a life threatening situation under which women might face severe consequences upon their return, it should be noted that the European Union will not send someone back if it is believed their life is at risk if they are sent back. They will not be forced to leave the country even if asylum is not granted as they will be granted humanitarian protection or discretionary leave to remain which will allow them to remain until the threat is lifted. If the country in question wishes to return the asylum seeker then it will take steps to negotiate with the asylum seeker's country of origin in order to obtain guarantees that the asylum seeker will not be harmed upon their return. UNHCR, ‘The Facts: Asylum in the UK’, unhcr.org.uk, June 2013, | |
We would allow discriminated women to reach their full potential Women who are constantly threatened by their husbands or who are in societies where they are considered to represent less than a man will most certainly lack ambition to achieve their full potential – or even if they do have the ambition will be restrained from fulfilling it. When you live under a system that considers you inferior to the other gender and denies you opportunities on the basis of gender – sometimes including education the individual is clearly never going to have a chance to make their life worthwhile for its own sake. They won’t be able to take up jobs that will have an impact on the world, they won’t control their own economic circumstances as their husband is the only breadwinner, and they will be denied the opportunity to express their ideas and views. By giving them asylum in a place where women and men are treated equally, we give them the opportunity to do whatever they wanted to do before. Besides the security that they will gain, they will be able to go to school or get a job more easily than in their native country. There is no reason for which we don’t want these women to be a part of our European cultural identity. It is shameful to give this opportunity only to your citizens when women from countries that discriminate against them might be able to contribute so much more than they are able to under their circumstances in their native country. | |
The EU needs to help those suffering from human rights abuses Everyone is equal. Women who live under legal system that permits discrimination against them are being denied of basic human rights whether this is the right to vote, to a fair trial, or bodily integrity. Sharia Law, for example, clearly denies them human rights like equality before the law, a basic human need according to Universal Declaration of Human Rights. "All are equal before the law and are entitled without any discrimination to equal protection of the law." Under Sharia a woman’s testimony is worth half a man’s and she gets half the inheritance of her male siblings. Second of all, bodily integrity is affected when women are stoned to death or beaten by their husbands without them even being punished. The importance of self-determination and autonomy are neglected in Saudi Arabia where women are not allowed to drive or go alone in public. Female genital mutilation, which causes bleeding, infections and infertility, and is almost always done without the girl's consent, is a big problem in many African countries. Asylum given by the EU shall be the only way for these women to leave the system that persecutes them and be able to have their human needs respected and therefore creating a healthier, safer and better environment. Kaitlin, ‘Women’s Rights Under Islamic Law’, Inside Islam: Dialogues & Debates, 25 November 2008, Pizano, Pedro, ‘Where Driving Is a Crime and Speaking About It Leads to Death Threats’, Huffington Post, 6 June 2012, United Nations, ‘The Universal Declaration of Human Rights’, un.org, 10 December 2948, World Health Organisation,’ Female genital mutilation’, WHO Fact sheet, no.241, February 2013, Mahmoud, Nahla, ‘Here is why Sharia Law has no place in Britain or elsewhere’, National Secular Society, 6 February 2013, | |
The EU is responsible for its own citizens and not for those that live in other countries or regions. Its burden is to protect human rights for European citizens and not for the entire world. At the moment, because of the economic crisis and austerity measures imposed, all the EU attention should be focused on delivering basic human rights (in terms of basic necessities such as food, shelter and employment) for people in Greece, Spain, Italy and other countries in distress. The burden lies here because the government of a country serves the people of that country and as a union each country accepts some of the burden for others in that union. Others that are outwith that union are not giving any direct benefits for the European Union and therefore should they not be our focus. Any more egregious violations of human rights in these countries would already be sufficient cause for granting asylum without a further offer presented to women who are discriminated against. Douglas-Scott, Sionaidh, ‘The European union and Human Rights after the Treaty of Lisbon’, Human Rights Law Review, Vol.11, No.4, 2011, |
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