Tag: state crime

The UK’s illegal plan to send asylum seekers to Rwanda

The criminals in the house of commons passed the UK government’s illegal migration bill last week.

The bill will prevent most migrants who enter the UK by small boats from claiming asylum in the UK. Instead they will be detained and some of them deported to Rwanda to claim asylum there instead. Rwanda agreed to a five year trial of this plan recently.

British courts ruled the Rwanda Plan illegal because it breaches article three of the European Convention on Human Rights (1).

UK migration bill in breach of EU convention of human rights, article 3.

Rwanda’s asylum policy is not as strict as the UKs. There is a higher chance some genuine claims for asylum will result in deportations back to countries of origin.

This means more people will be returned to countries where they risk death, imprisonment or other inhumane treatment.

The UK has not deported any migrants to date because the bill is currently not legal. However the government is appealing this decision.

Relevance to A-level sociology

This material is relevant to the crime and deviance module. It is an example of a state crime, by virtue of the British state going against international human rights.

It is also an example of the limits of globalisation. Here we have a nation state restricting the free movement of people. This is globalisation in reverse.

It is also possible to apply critical victimology to this case study. Asylum seekers are the most vulnerable people on the planet. The government is targeting them by putting in place this barrier.

Note that the government isn’t worried about 150 000 wealthy Chinese students studying in the UK. It is only poor migrants it is seeking to stop.

It is also an example of a government responding to a moral panic generated by the media.

The bill is nominally in response to the thousands of migrants entering the UK in small boats in recent years. Britain actually needs migrants, it is just the media who demonizes them, and here the government responds.

This is also going against public opinion. According to one poll conducted in 2023 56% of people think migration is good for Britain.

Sources

(1) Ruling against the Secretary of State’s Rwanda Plan.

Corporate Enabled State Crime 2021 – Pegasus Spyware

Pegasus Spyware – an example of corporate enabled state crime breaching the human right of privacy in 2021

Pegasus Spyware is software which is able to bypass your phone’s security and gain access to data on your device, such as:

  • emails
  • Whatsapp messages
  • photos
  • Your GPS location

It can also switch on your microphone and camera and record what you are doing without you being aware.

Pegasus is the most sophisticated piece of Spyware ever developed and it takes surveillance to its most intense and intrusive level ever.

How Pegasus hacks your phone

Pegasus Spyware is the main product of the Israeli surveillance company NSO Group who sells its surveillance software to governments around the world.

The company says it ‘vet’s governments and only sells software to clients involved in combatting terrorism and other serious crimes – by infecting suspected terrorists’ phones and subjecting them to intense surveillance.

However, according to a recent Guardian investigation, a recent leak of NSO files has revealed that some of government’s clients have been using their Spyware to target journalists and other dissidents who are perceived to be critical of their regimes. Some of the countries who use the software with bad records of human rights abuses include:

  • India
  • Morocco
  • Saudi Arabia
  • Hungary
Countries using Pegasus Spyware in breach of citizens’ human rights

The leaked records include 50 000 phone numbers of people whose phones may have been hacked – The Guardian recently investigated hundreds of these numbers and found that in dozens of cases the software was indeed on their phones and in some cases the people who have been under surveillance, or people close to them have been murdered, possibly by agents of the state in an attempt to silence them.

(NB the company denies these allegations and says its software is only used legitimately by ‘vetted’ governments.)

The most serious consequence of this level of surveillance used in this way is that it poses a threat to democracy. Dictatorial states are obsessive about surveillance in order to crack down on opposition and this software increases hugely their capacity to do just this.

It also reveals as a ‘fantasy narrative’ the idea that surveillance companies and states work together to only surveil ‘criminals’ in order to keep ordinary citizens safe. In these examples it is the citizens who are being kept under surveillance and having their right to privacy undermined as a result, without their consent.

A Corporate-State Crime

This seems to be a good example of a corporate enabled state crime, with the governments identified above being the criminals and the victims being anyone who has had their phone hacked.

Privacy is a fundamental human right defined under the United Nation’s Human Rights Convention, and in the above examples there are 5000 potential cases of individuals having their right to privacy denied by governments, in breach of their human rights.

Relevance to A-level sociology

This material is relevant to both the crime and deviance module and the media module, especially the topics of state crime and surveillance.

Find out More

This video provides a good overview of the Pegasus Surveillance Project.

This link to The Guardian provides an excellent way into exploring all aspects of this issue.

The Deportation of Chevon Brown – A Breach of Human Rights?

It can be difficult to find easy to understand examples of the state breaching individual human rights, but the recent deportation of Chevon Brown might just be one such example.

This case study from February 2020 is relevant to the ‘state crime and human right’s topic within the A-level sociology Crime and Deviance module.

In February 2020 Chevon Brown was deported to Jamaica from the United Kingdom.

He had just been released from Prison having served 8 months of a 14 month sentence for danagerous driving and driving with no insurance.

He was 21 when he decided to take his car for a spin, despite being a learner driver with no insurance, and when he saw police, he says he panicked, and sped up, which led to a 5 minutes high speed chase, and he puts his actions down to stupidity, and he’s paid the ultimate price.

Britain has the right to deport foreign citizens who have been sentenced to 12 months or more in prison, under the UK Borders Act, which came into force in 2007, unless doing so would infringe their human rights, by sending them back to a country where their life would be at threat, for example.

Chevon was 14 when he moved to Britain with his father on a Jamaican Passport. Despite having ‘indefinite leave to remain’ in the UK, he is still technically a Jamaican national, and so the UK had the right to deport him.
The problem is, he no longer has any friends or family in Jaimaica, and his father is remaining in the UK, with his other children.

Since returning to Jamaica, Chevon says he doesn’t feel safe. “I am nervous walking down the street,” he says. “Anything could happen – every day people die here.”

According to UN data, Jamaica had a murder rate of 47 per 100,000 inhabitants in 2016. In the UK, the rate was 1 per 100,000.

Chevon was deported along with 40 other criminals, many of whom had committed more serious offenses, such as murder, and he says the Jamaican media as labelled them all with the same brush, so it is difficult for him to make friends or find a job.

Sources – The BBC News May 2020.

Sociological Questions to consider about this case study

  1. Is deportation for ‘dangerous driving’ an appropriate punishment?
  2. Given his lack of friends and family in Jamaica, the alleged discrimination he’s facing (due to negative media labeling) and his increased chance of being murdered, did the UK government breach his human rights by deporting him?
  3. Is this deportation an example of institutional racism?
  4. Do you think the original decision to imprison him for 14 months was fair, or just another example of institutional racism?

By contrast you might want to consider this in relation to the case of Anne Sacoolas, the American Diplomat’s Wife who actually killed a British Teenager by driving on the wrong side of the road, fled back to America and is now being protected by the US Government, rather than being deported back to the UK to stand trial.

China’s Persecution of the Uighurs – A Horrible Example of a State Crime

The Chinese government is currently engaged in an ongoing act of cultural genocide against the Uighur Muslims, a minority population within North Western China.

As part of this cultural genocide, 15000 mosques have already been bulldozed and thousands of Uighur Muslims have been rounded up and forced into ‘re-education’ camps (which the Chinese government calls ‘job training’ centers.

In these camps they are forced to renounce their faith and their traditions, and to speak Mandarin Chinese.

The Chinese state has used surveillance technology including facial recognition, mandatory fingerprinting, Iris scans, and routine checks on phones, combined with AI based predictive software to flag up suspects who ‘refuse alcohol’ or who ‘discuss the Koran’.

The camps were constructed following a series of terror attacks in the region, leaked government documents have President Xi dictating his officials to show ‘no mercy’ in the battled against extremists, and that anyone ‘infected’ by extremism requires a painful ‘interventionary treatment’ where their ‘erroneous thinking’ can be eradicated.

Relevance of this to A-level sociology

Firstly, it’s a horrific example of a contemporary state crime – this is a flagrant abuse of the human rights (as ‘protected’ by the United Nations) by the Chinese State.

Secondly, it’s a good example of both the power of the Nation State (China) to abuse people, and the powerlessness other Nation States to do anything about it – pretty much every country on Earth is ignoring this, including Muslim majority countries.

Thirdly, it’s an interesting (and again horrific) example of how surveillance can be used to control people.

Source: The Week, 30 September 2019.

Find out More

This Al Jazeera news article is a useful starting point.

State crime and green crime – possible short answer exam questions

State crime and green crime are two of the most difficult topics within Crime and Deviance for students, below are two possible short answer questions (with answers) which could come up on A-level sociology paper 3

Outline two sociological explanations of state crime (4)

  • A modernization theory perspective would argue that it is only really ‘failed states’ which commit state crimes. This mainly happens in poorer countries where people see gaining government power as a means to siphoning off as much money for themselves as possible, hence the reason why there are higher levels of fraud and corruption in developing countries.
  • A dependency/ Marxist perspective would argue that ‘war crimes’ such as those by the British government/ army in Iraq in 2003 happen because nation states use violence on behalf of TNCS (e.g. oil companies) to secure valuable resources for them in far-away places.

Outline two reasons why people who commit ‘green crimes’ often do not get punished (4)


  • The first reason is that what green criminologists regard as ‘crimes against the environment’ are not regarded as illegal by the traditional legal system’ – for example, driving a large car, chopping down trees, even producing nuclear waste are all ‘legal’ under UK law, but are regarded as ‘crimes against the environment’ by more deep-ecological green criminologists.
  • The second reason is that companies may engage in law evasion to avoid laws which protect the environment in developed countries…. They may simply take their toxic waste, which is illegal to dump in the UK, to a country like Ghana and dump it there, where it is legal.

I’ll be covering both state and green crime as part of my upcoming ‘last minute sociology webinar series’….

 

For more information on Revision Webinars, please click the above gif, or check out this blog post.

Sociological Perspectives on State Crime

You might like to read this post: What is State Crime? first of all!

The link between Poverty, Ethnic Conflict, Failed States and Crimes against Humanity

Take another look at Transparency Internationals Corruption Index and you’ll see there is  clear link between poverty and corruption, and war and conflict. Many of these countries are caught in a vicious cycle of poverty, ethnic conflict, corruption and war which reinforce each other, and many of the worst state-crimes are done by nation states in times of civil-war.

According to Paul Collier, the problem starts with the fact that political leaders in developing countries don’t see politics in the same way that politicians in developed countries see politics – political office isn’t about public service – it is about getting as much money for yourself and the people that got you elected as possible. NB this is a rational response to gaining political power when the country is unstable and you don’t know how long you’re going to be in office for (because there are several other competitors who could potentially revolt against you).

In many cases, corruption will simply mean siphoning off public funds into private bank accounts, but the pursuit of profit by unethical governments can also mean harming citizens of countries – as with the Nigerian government allowing Shell to get away with polluting the Ogoni people’s lands in the Niger Delta, or the Ethiopian government displacing people when it leased an area the size of Wales to India.

In some other developing countries, political incumbents maintain power by the rule of terror – as is the case in many countries in Africa, most notably Zimbabwe and Sudan.
Such poor treatment of populations breeds the conditions for civil war and all of the various attendant war crimes and crimes against humanity, such as the recruitment of child soldiers and rape as a weapon of war, which go along with this. In extreme cases may result in terrorist organisations taking control – as in Afghanistan, Somalia and currently ISIS in Syria/ Iraq.

Evaluation

The problem with this view is that although there is a link between underdevelopment and state crime, some developed, or rapidly development nation states do appear very low down the corruption index – most notably Russia and China, two of the BRIC nations.

A Dependency Theorist (Marxist) Perspective on State Crime

From a Dependency point of view state crimes are not limited to developing countries. For a start, two of the greatest crimes in the history of humanity – Colonialism, which was basically the organised theft of resources through violence conquest, and slavery, were both a key part of the development of Capitalism in the 17th, 18th and 19th centuries.

The sheer brutality and death toll inflicted on the peoples of North and South America, Asia and Africa by the European colonisers was far worse than the suffering in the two World Wars or any war since.

Today, it is also clear that it isn’t just poor states which engage in state-crime. Take the USA for example – In 2003 it went to war in Iraq against UN conventions, and today it maintains Guantanamo Bay where it holds prisoners without trial. This view is explored in John Pilger’s excellent film ‘War on Democracy’ in which he points out that the USA, since the end of WW2 has been involved militarily in more than 50 countries, all of these illegal interventions. By international standards, the USA is one of the worst abusers of human rights in world history.

A further point here is that Western countries are happy to accept other states abusing human rights if they are either powerful or support Western interests (or both) – so we say nothing about the Saudi Arabia’s treatment of women or its public flogging of criminals, and nothing of China preventing freedom of speech.

In short, from a Dependency Perspective, state-crime against the powerless is a systematic part of development. It is a means whereby rich countries make themselves rich at the expense of poor ones, and rich people in both rich and poor countries, make themselves rich at the expense of the powerless.

Evaluation of the Dependency View

Functionalists argue that the laws put in place by Nation States represent the collective morality of the people, and that when the agents of the state (the police and the courts) police and punish criminal behaviour, this reinforces the boundaries of acceptable behaviour. Thus Nation States and their agents of social control are the ‘good guys’, working to maintain law and order and punish those criminals who would disrupt this.

Moreover, Nation States with functioning governments are a crucial part of modern societies. In the SCLY3 Global Development Module we found that nearly all wealthy nations have massive public sectors where governments provides universal goods such as health care and education and to provide the infrastructure required for economic growth.

In short, Functionalism stresses that despite the history of Colonialism, the role of America in war crimes today, and the existence of some state crime in developed countries (the expenses scandal and institutionalised police racism in the UK for example) the average citizen comes to less harm with a stable state rather than without it and state crime isn’t really a significant problem in developed countries.

What is State Crime?

Green and Ward (2005) define state crime as ‘illegal or deviant activities perpetrated by the state, or with the complicity of state agencies’. State crimes are committed by, or on behalf of nation states in order to achieve their policies.

So WHO can commit state crime?

According to the above definition anyone working for the State who engaged in illegal activities in order to achieve state policies.

The State is what the government runs – (one analogy is that governments are like the crew, the state is like the ship) – so this means any politician or civil servant doing anything deviant or illegal to pursue national policies in any sphere – be it health care, social welfare, education, military engagement, or crime control itself.

The inclusion of ‘state agencies’ means it is not just politicians or civil servants who can commit state crime, it is also public sector workers such as the armed forces or the police, or doctors, teachers, ANYONE who does anything illegal when working in an official context to achieve government policy, IF I’m reading the definition correctly (this is a tricky concept so I might not be!)

NB a teacher or a doctor stealing something from their workplace probably wouldn’t be an example of a state crime as this act wouldn’t help a nation state achieved its policies, and I’m not sure if a politician fiddling their expenses would count, because you could say EVERYTHING a politician does is related to achieving policy – MPs are the representation of the state, so anything deviant or illegal they do in office MIGHT count as a State Crime?

In the examples below HOWEVER, I’ll try to avoid individual crimes which individuals do for primarily for their own benefit, so as to ensure every example is as clear cut as can be, just be clear (ironically) that there are definitely grey areas in defining state crime, VERY large grey areas!

Some Examples of State Crime

State crimes include some of the WORST crimes in human history in terms of the harm done to individuals and societies, both in terms of the NUMBER of people affected and the suffering inflicted on those individuals.

Examples of state crimes include….

  • Genocide
  • War crimes
  • Torture
  • Funding organised crime and terrorist groups
  • Assassinations
  • Corruption
  • Discrimination

Types of State Crime

McLaughlin (2001) identifies four categories of state crime:

  1. • Crimes by security forces – e.g. genocide, torture, imprisonment without trial and disappearance of dissidents
  2. • Political Crimes – e.g. censorship or corruption
  3. • Economic crimes – e.g. violation of health and safety laws
  4. • Social and cultural crimes – e.g. institutional racism

These four categories allow us to be a little bit more analytical in studying State Crime – certainly to my mind the first category stands out as by far the more serious type of crime in terms of harm caused.

Below I provide some further examples of some of the crimes committed by States in the first two categories above. (This isn’t to say categories three and four aren’t worth studying, but there’s only so much time we can spend on this in an A-level course!)

Crimes of Security – Genocide

Genocide means any act committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group, such as Killing members of the group; Causing serious bodily or mental harm to members of the group; Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction, Imposing measures intended to prevent births within the group or Forcibly transferring children of the group to another group. (Source – teaching genocide –).

Three of the best known genocides include The Holocaust, The Cambodian Genocide and The Rwandan Genocide

The Holocaust was a genocide in which Adolf Hitler’s Nazi Germany and its collaborators killed about six million Jews. From 1941 to 1945, Jews were systematically murdered in one of the deadliest genocides in history. Every arm of Germany’s bureaucracy was involved in the logistics and the carrying out of the genocide. Other victims of Nazi crimes included Romanis, ethnic Poles and other Slavs, Soviet POWs, communists, homosexuals, Jehovah’s Witnesses and the mentally and physically disabled. A network of about 42,500 facilities in Germany and German-occupied territories were used to concentrate victims for slave labour, mass murder, and other human rights abuses. Over 200,000 people are estimated to have been Holocaust perpetrators.

In Cambodia, a genocide was carried out by the Khmer Rouge (KR) regime led by Pol Pot between 1975 and 1979 in which an estimated one and a half to three million people died. The KR had planned to create a form of agrarian socialism which was founded on the ideals of Stalinism and Maoism. The KR policies of forced relocation of the population from urban centres, torture, mass executions, use of forced labour, malnutrition, and disease led to the deaths of an estimated 25 percent of the total population (around 2 million people).

The Rwandan Genocide was a genocidal mass slaughter of Tutsi and moderate Hutu in Rwanda by members of the Hutu majority. During the approximate 100-day period from April 7 to mid-July 1994, an estimated 500,000–1,000,000 Rwandans were killed, constituting as much as 70% of the Tutsi and 20% of Rwanda’s total population. The genocide was planned by members of the core political elite known as the akazu, many of whom occupied positions at top levels of the national government. Perpetrators came from the ranks of the Rwandan army, the National Police, government-backed militias and the Hutu civilian population.

Political Crimes – Corruption

Political corruption can take various forms, but the most common examples appear to be politicians siphoning public money off to their private bank accounts, unfairly granting government contracts in return for bribes and electoral fraud (vote rigging).


According to the Corruption Index put together by Transparency International there seems to be a correlation between corruption, war and conflict and poverty – Somalia, North Korea, Sudan, Afghanistan and Iraq come out bottom of the Corruption Index, while the usual suspects – the Scandinavian countries plus Canada come out as the least corrupt.

To give you an example of how blatant corruption can get take the case of Teodoro Mbasogo who is the leader of Equatorial Guinea, one of the world’s poorest countries, but is also paradoxically one of the world’s wealthiest heads of state, with an estimated net worth of $600 million. For perspective, Barack Obama has a net worth of about $11.8 million.

Equatorial Guinea, despite having some of Africa’s largest oil reserves, has one of the most underdeveloped infrastructures and poorest populations in the world – so where does the money go?

The answer, at least from the outside, seems to be directly from the corporate accounts of Exxon Mobil and other oil companies straight into the pockets of Obiang and his family. In 2003, Obiang announced that to combat corruption in public service jobs, he would be taking full control of the national treasury. He then withdrew half a billion dollars (that’s billion with a B) in state money from the national treasury and deposited it into accounts in his own name at Riggs Bank, based in Washington D.C., effectively siphoning off all of the state’s money into his own pocket.


In addition to draining the country’s accounts, he’s also been implicated in various human rights abuses, electoral fraud, nepotism, and using security contractors to maintain control over the country.

Of course corruption doesn’t just happen in less developed countries – In 2009, the MP’s expenses scandal erupted in the UK, where numerous members of parliament and members of the house of Lords were found to be claiming expenses dishonestly. This resulted in 8 successful criminal prosecutions, any many more resignations, although most of the MPs got away with very minor punishments, as with Derek Conway MP who only received a 10 day suspension for paying his Son, Freddie, thousands of pounds for apparently doing nothing.

State Crime and Human Rights

One thing that has made it easier to hold states accountable is the emergence of the of the United Nations after the second world war, which developed the Universal Declaration of Human Rights – developed after world war two, designed to protect individual citizens from oppressive regimes – this is legally binding on member states.

The Universal Declaration of Human Rights contains a list of freedoms which states are supposed to protect such as…

  • Article 4 – No one shall be held in slavery or servitude
  • Article 5 – No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment
  • Article 20 – Everyone has the right to freedom of peaceful assembly and association
  • Article 24 – Everyone has the right to rest and leisure, including reasonable working hours and holidays with pay.

The Scale of State Crime/ Human Right’s Abuses

The fact that Nation State’s maintain power and control over large territories and populations mean that they have the potential to engage in large scale crimes which victimise extremely large numbers of people – for example the Cambodian Genocide in the 1970s is estimated to have wiped out 25% of the population.

McLaughlin, Eugene (2001) Political violence, terrorism and states of fear. In, Muncie, John and McLaughlin, Eugene (eds.) The Problem of Crime. Second Edition. London, GB. SAGE Publications. (LINK but no details!)

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