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Posts in Criminal Justice
UN Security Council Referrals to the International Criminal Court: Legal Nature, Effects and Limits

By Alexandre Skander Galand  

Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court’s exercise of jurisdiction over situations that concern nationals and territories of non-party State.

Leiden; Boston: Brill, 2019. 279p.

Genocide Perspectives VI: The Process and the Personal Cost of Genocide

Edited by Nikki Marczak and Kirril Shields  

Genocide Perspectives VI grapples with two core themes: the personal toll of genocide, and processes that facilitate the crime. From political choices governments and leaders make, through to denialism and impunity, the crime of genocide recurs again and again, across the globe. At what cost to individuals and communities? What might the legacy of this criminality be? This collection of essays examines the personal sacrifice genocide takes from those who live through the trauma, and the generations that follow. Contributors speak to the way visual art and literature attempt to represent genocide, hoping to make sense of problematic histories while also offering a means of reflection after years of “slow violence” or silenced memories. Some authors generously allow us into their own histories, or contemplate how they may have experienced genocide had they been born in another time or place. What facets contribute to the processes that lead to, or enable the crime of genocide? This collection explores those processes through a variety of case studies and lenses. How do nurses, whose role is inherently linked to care and compassion, become mass killers? How do restrictions on religious freedom play a role in advancing genocidal policies, and why do perpetrators of genocide often target religious leaders? Why is it so important for Australia and other nations with histories of colonial genocide to acknowledge their past? Among the essays published in this volume, we have the privilege and the sorrow of publishing the very last essay Professor Colin Tatz wrote before his passing in 2019. His contribution reveals, yet again, the enormous influence of both his research and his original ideas on genocide. He reflects on continuing legacies for Indigenous Australian communities, with whom he worked for many decades, and adds nuance to contemporary understanding of the Armenian Genocide and the Holocaust, two other cases to which he was deeply committed.

Sydney;  NSW: University of Technology Sydney, 2020. 217p.

Migration, equality & racism

Edited by Ilke Adam Tundé Adefioye Serena D'Agostino Nick Schuermans Florian Trauner

"Migration, Equality and Racism trigger ever more salient societal debates. More than 80 VUB academics and co-authors joined forces for this book. Philosophers, lawyers, psychologists, health scientists, sociologists, geographers, criminologists, communication and political scientists … look at migration, equality and racism from different disciplinary angles. Together they aim to contribute to an exercise of humanism as a praxis of criticism or a ‘technique of trouble-making’, in the words of Edward Said. Through 44 thought-provoking and informed opinion pieces, they question widespread beliefs on migration, equality and racism and propose solutions that might disturb. Let this book be a source of inspiration for those who want to spark an informed debate on the ever more salient issues of migration, equality and racism, for those who want to learn more on how and why humanism has often remained an empty box for migrants and racialized groups. Or for those who are in search of inspiration for a just future for all. Migration, Equality and Racism is the work of Vrije Universiteit Brussel (VUB) think tank POINcaré and was created under the direction of Ilke Adam, Tundé Adefioye, Serena D’Agostino, Nick Schuermans and Florian Trauner."

Brussels: ASP editions - Academic and Scientific Publishers, 2021. 260p.

Debating Religion and Forced Migration Entanglements

Edited by El ˙zbieta M. Go´zdziak · Izabella Main

This open access book brings into dialogue emerging and seasoned migration and religion scholars with spiritual leaders and representatives of faith-based organizations assisting refugees. Violent conflicts, social unrest, and other humanitarian crises around the world have led to growing numbers of people seeking refuge both in the North and in the South. Migrating and seeking refuge have always been part and parcel of spiritual development. However, the current 'refugee crisis' in Europe and elsewhere in the world has brought to the fore fervent discussions regarding the role of religion in defining difference, linking the ‘refugee crisis’ with Islam, and fear of the ‘Other.’ Many religious institutions, spiritual leaders, and politicians invoke religious values and call for strict border controls to resolve the ‘refugee crisis.’ However, equally many humanitarian organizations and refugee advocates use religious values to inform their call to action to welcome refugees and migrants, provide them with assistance, and facilitate integration processes. This book includes three distinct but inter-related parts focusing, respectively, on politics, values, and discourses mobilized by religious beliefs; lived experiences of religion, with a particular emphasis on identity and belonging among various refugee groups; and faith and faith actors and their responses to forced migration.

Cham: Palgrave Macmillan, 2023. 200p.

The Sanctuary City: Immigrant, Refugee, and Receiving Communities in Postindustrial Philadelphia

By Domenic Vitiello 

In The Sanctuary City, Domenic Vitiello argues that sanctuary means much more than the limited protections offered by city governments or churches sheltering immigrants from deportation. It is a wider set of protections and humanitarian support for vulnerable newcomers. Sanctuary cities are the places where immigrants and their allies create safe spaces to rebuild lives and communities, often through the work of social movements and community organizations or civil society. Philadelphia has been an important center of sanctuary and reflects the growing diversity of American cities in recent decades. One result of this diversity is that sanctuary means different things for different immigrant, refugee, and receiving communities. Vitiello explores the migration, settlement, and local and transnational civil society of Central Americans, Southeast Asians, Liberians, Arabs, Mexicans, and their allies in the region across the late twentieth and early twenty-first centuries. Together, their experiences illuminate the diversity of immigrants and refugees in the United States and what is at stake for different people, and for all of us, in our immigration debates.

Ithaca, NY: Cornell University Press, 2022. 311p.

Migration and Discrimination: IMISCOE Short Reader

By  Rosita Fibbi • Arnfnn H. Midtbøen and Patrick Simon

This open access short reader provides a state of the art overview of the discrimination research field, with particular focus on discrimination against immigrants and their descendants. It covers the ways in which discrimination is defined and conceptualized, how it is measured, how it may be theorized and explained, and how it might be combated by legal and policy means. The book also presents empirical results from studies of discrimination across the world to show the magnitude of the problem and the difficulties of comparison across national borders. The concluding chapter engages in a critical discussion of the relationship between discrimination and integration as well as pointing out promising directions for future studies. As such this short reader is a valuable read to undergraduate students, as well as graduate students. IMISCOE Short Reader

Cham: Springer Nature, 2021. 105p.

Enslaved: Trapped and Trafficked in Digital Black Holes: Human Trafficking Trajectories to Libya

Edited by Mirjam van ReisenMunyaradzi MawereKlara Smits, Morgane Wirtz

Eritrean refugees are being trafficked and enslaved in Libya, where they are tortured to force relatives to pay a ransom for their release. Labelled with a digital code, they are moved along in the possession of the traffickers through a series of ‘black holes’, in which their access to digital technologies and connectivity is highly controlled. They are tortured, abused, extorted and subjected to sexual violence. Many die along the way. If they make it to the Mediterranean Sea, they risk being intercepted and returned to Libya or dying at sea. Over the period of this study (2017–21), it is conservatively estimated that at least 200,000 men, women and children have fallen victim to human trafficking for ransom in Libya, and the cumulative value of this trade for that period is estimated at over 1 billion USD. This detailed ethnographic study identifies the routes, modus operandi, organisation, and key actors involved in the human trafficking for ransom of refugees and migrants, who are desperately in need of protection. The book is part of the GAIC Research Network and African studies series published by Langaa RPCIG and makes an important contribution to the literature on human trafficking, migration studies, African studies, modern slavery, social protection and governance.

Cameroon: Langaa RPCIG, 2023. 821p.

Trauma at the Border: The Human Cost of Inhumane Immigration Policies

By The U.S. Civil Rights Commission

The U.S. Commission on Civil Rights last addressed civil rights and constitutional concerns in connection with the immigration detention of families and children, including conditions of detention centers in its 2015 report, With Liberty and Justice for All: The State of Civil Rights at Immigration Detention Facilities(“2015 Report”).  In 2018, public reports documented worsening conditions at the southern border. Changes in federal policy further resulted in substantially increased law enforcement activity at the southern border and the separation of thousands of migrant children from their parents. Recent developments have resulted in serious civil rights implications, including the protection of the physical and mental well-being of both adult and child immigration detainees and their due process rights. In light of these concerns the Commission formed a bipartisan subcommittee and reopened its 2015 Report to update its investigation of the immigration detention of families and children.  The subcommittee ) sought information from the Departments of Homeland Security and Health and Human Services, ) held a public comment session where it took in testimony from experts, impacted individuals, witnesses to the impacts of family separation, and other interested members of the public, and solicited written comments from the public….

Washington, DC: USCCR, 2019. 208p.

Bordering in the EU – How the New Pact on Asylum and Migration challenges human rights obligations

By Sanae Youbi  

In September 2020, the European Commission proposed a reform of the current European Union (EU) approach to migration and asylum entitled a ‘Common European Framework for Migration and Asylum’. A major novelty of this ‘New Pact on Migration and Asylum’ is the proposal to introduce a ‘Pre-Entry Screening’ procedure (Screening Regulation), allowing European authorities at EU external borders to channel irregular third-country nationals towards either an asylum or a return procedure. > As it stands, the proposed Screening Regulation seeks to address the issue of irregular entries and asylum-seekers’ mobility through policing via one single tool, namely a fast screening procedure. This may lead to policy incoherence and human rights abuses justified in the name of internal security and public safety. > Instead of endorsing this restrictive approach, this policy brief argues that the Council and the European Parliament should amend the proposed Regulation by designing an approach inspired by a solidarity-driven system, aligned with EU values. Detention outside the EU borders must not be generalized but based on real security risks, not assumptions based on threat perceptions. The instrumentalization of migration should be rejected, and the focus should be on more sustainable legal venues for humanitarian and labour migration.

Bruges, Belgium, College of Europe, 2023. 15p.

Exploring Latino/a Representation in Local Criminal Justice Systems: A Review of Data Collection Practices and Systems-Involvement

By Nancy Rodriguez and Rebecca Tublitz    

  Immigrants represent a substantial part of the United States: today, 41 million immigrants reside in the U.S., representing 13 percent of the population. Migration of people from different parts of the world to the U.S. have led to dramatic changes in the racial and ethnic make-up of the population. In 1970, Latinos represented 4.6 percent of the U.S. population. Today, just under 1 in 5 people in the U.S. self-identifies as being of “Hispanic or Latino origin”, making it the second largest racial or ethnic group after Whites.1 The 62 million people across the U.S. who identify as Latino represent an enormously diverse array of communities in terms of ethnic heritage, migration histories, citizenship status, and language. Latinos also identify with a wide variety of racial categories, including Black, White, multi-racial, and other.2 However, as the Latino population has grown, so too has the criminal justice system. Since 1970, the U.S. experienced unprecedented growth in the size and scale of its criminal justice system, driven largely by policies favoring the increased use of arrest and incarceration for offenses both minor and more severe.3 Today, 1.2 million people are incarcerated in the nation’s state and federal prisons, while nearly 550,000 are held in jail.4 Annually, almost 9 million are arrested and booked into jail each year. …

Irvine, CA:  UCI School of Sociology: Department of Criminology, Law and Society     2023. 31p.

Immigration Enforcement Policies and Detainer Trends in SJC Sites

By Nancy Rodriguez, Amalia Mejia, Rebecca Tublitz  

In this policy brief, we first outline the landscape of immigration policies across SJC sites. Next, we illustrate, across four SJC sites, the detainer trends as well as the immigration policies of the respective jurisdictions. In conclusion, we discuss the implications for criminal justice policy and reform, focusing on undocumented immigrants and Latino/as.

Irvine, CA: University of California, Irvine. Department of Criminology, Law and Society2023. 18p.

Duped - The exploitation of migrant workers in Sweden’s forest sector

By Mark Olden

Every year an estimated 5,000 migrant seasonal workers come to Sweden to do the back-breaking work of clearing landscapes and planting trees. They make up 85 – 90 per cent of the workforce and are employed by firms sub-contracted by the companies that dominate Sweden’s forest sector. "Duped” sheds a light on the endemic mistreatment they face. From earning less than promised, to being employed under unlawful terms. From working in poor conditions to being overcharged for their accommodation: the evidence is consistent and overwhelming. It contains testimonies from migrant workers, a union, investigative journalists and a small forest owner - stories of exploitation and harm that challenge the claim that such forestry is sustainable. This briefing shows that this exploitation is rooted in the economic logic which underpins the Swedish forestry model, and which is also driving nature destruction.

Bruxelles Belgium: FERN, 2023. 18p.

Revitalizing Ethnographic Studies of Immigration and Crime

By Amarat Zaatut and Stephanie M. DiPietro  

Ethnographic studies of immigration and crime were prominent in the early decades of the twentieth century, yet contemporary scholarship has been dominated by quantitative approaches. In this review, we heed the call of those who have lamented the “collective amnesia” and “newness fetish” that characterize much of contemporary criminology and revisit classic ethnographies of immigration and crime, with an emphasis on the unique methodological contributions of this early work. Next, we synthesize the small but growing body of contemporary ethnographic research on immigration and crime, which includes the policing of immigrant communities in the age of “crimmigration;” the lived experiences inside contemporary deportation/ detention regimes; the integration experiences of Muslims, a highly marginalized but understudied population; and immigrants’ unique vulnerabilities to and experiences of victimization, to illustrate the value of qualitative approaches for capturing the nuances of immigrants’ experiences in the new age of immigration.

Annu. Rev. Criminol. 2023. 6:285–306 

Biden's Immigration Parole Programs Are Working

By Tom Jawetz

The Biden administration’s parole programs are successfully reducing both illegal immigration and total immigration into the U.S., and they are shifting the composition of immigrants so that they are more self-sufficient and reliant on their existing social networks, rather than dependent on government assistance. Maintaining and improving parole will be even more important now that Title 42 has expired and the U.S. government has lost another tool for reducing illegal immigration. The parole program for migrants from Venezuela began in October 2022 and expanded to Cuba, Haiti, and Nicaragua in January 2023. Approximately 102,000 people were paroled into the U.S. from Cuba, Haiti, Nicaragua, and Venezuela (CHNV) from October 2022 until April 2023, the most recent numbers available. Through March 2023, the program has prevented the entry of more than 380,000 illegal immigrants into the United States. Without the CHNV program, these migrants would have otherwise been processed under Title 8 immigration law and likely admitted into the country. Potential illegal immigrants wait in their home countries instead of crossing the southern border, since this parole program requires that migrants have a U.S. sponsor, obtain a passport, and pass security and health vetting. This high barrier to entry successfully reduces total immigration and shifts the composition of immigrants toward those who can more easily support themselves or rely on their social and family networks rather than on government welfare. 

New York: Manhattan Institute,  2025. 23p.

Still at Risk: The Urgent Need to Address Immigration Enforcement’s Harms to Children

By Nicole Chávez, Suma Setty, Hannah Liu, and Wendy Cervantes

Over two decades, immigration enforcement in the country’s interior has separated families and caused lasting damage to children in immigrant families and communities. These policies, resulting in worksite raids, arrests, and deportations, have undermined the health and well-being of more than 5 million children with at least one undocumented parent. In the meantime, Congress has failed to enact meaningful immigration reform that centers the dignity and humanity of immigrant families. Long-standing community members continue to suffer.

A new report from CLASP and UnidosUS analyzes trends in interior enforcement and documents the negative impact on children’s economic security, access to food, housing stability, mental health, and educational outcomes.  Although there has been a downward trend in interior enforcement actions since 2009, harmful policies remain in place and more humane policies–such as the DACA program, parental interest directive, and protected areas policy–remain stalled in the courts or face implementation challenges. 

Washington, DC: Center for Law and Social Policy, and UnidosUS , 2023. 27p.

Understanding Immigration: Issues and Challenges in an Era of Mass Population Movement

By Marilyn Hoskin

Based on the dual premise that nations need to learn from how immigration issues are handled in other modern democracies, and that adaptation to a new era of refugee and emigration movements is critical to a stable world, Marilyn Hoskin systematically compares the immigration policies of the United States, Britain, Germany, and France as prime examples of the challenges faced in the twenty-first century. Because immigration is a complex phenomenon, Understanding Immigration provides students with a multidisciplinary framework based on the thesis that a nation's geography, history, economy, and political system define its immigration policy. In the process, it is possible to weigh the influence of such factors as isolation, colonialism, labor imbalances, and tolerance of fringe parties and groups in determining how governments ultimately respond to both routine immigration requests and the more dramatic surges witnessed in both Europe and the United States since 2013.

Albany: State University of New York Press, 2017. 218p.

Immigrant Protest: Politics, Aesthetics, and Everyday Dissent

Edited by  Katarzyna Marciniak and Imogen Tyler

The last decade has witnessed a global explosion of immigrant protests, political mobilizations by irregular migrants and pro-migrant activists. This volume considers the implications of these struggles for critical understandings of citizenship and borders. Scholars, visual and performance artists, and activists explore the ways in which political activism, art, and popular culture can work to challenge the multiple forms of discrimination and injustice faced by "illegal" and displaced peoples. They focus on a wide range of topics, including desire and neo-colonial violence in film, visibility and representation, pedagogical function of protest, and the role of the arts and artists in the explosion of political protests that challenge the precarious nature of migrant life in the Global North. They also examine shifting practices of boundary making and boundary taking, changing meanings and lived experiences of citizenship, arguing for a noborder politics enacted through a "noborder scholarship. "

Albany: State University of New York Press. 2014. 320p.

Migrating Borders and Moving Times: Temporality and the Crossing of Borders in Europe

Edited by Hastings Donnan, Madeleine Hurd and Carolin Leutloff-Grandits  

Migrating Borders and Moving Times analyses migrant border crossings in relation to their everyday experiences of time, and connects these to wider social and political structures. Sometimes border crossing takes no more than a moment; sometimes hours; some crossers find themselves in the limbo of detention; for others, the crossing lasts a lifetime to be interrupted only by death. Borders not only define separate spaces, but different temporalities. This book provides both a single interpretative frame and a novel approach to border crossing: an analysis of the reconfiguration of memory, personal and group time that follows the migrants' renegotiation of cross-border space and recalibrations of temporality. Using original field data from Israel and northern and south-eastern Europe, the contributors argue that new insights are generated by approaching border crossing as a process with diverse temporalities whose relationship to space has always to be empirically determined.
Manchester, UK: Manchester University Press, 2017. 201p.

Refugees and the Ethics of Forced Displacement

By Serena Parekh

This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states.

New York; London: Routledge, 2017. 171p.

The Refugee Reception Crisis: Polarized Opinions and Mobilizations

Edited by Andrea Rea,  Marco Martiniello. Alessanro Mazzola and  Bart Meuleman

The refugee question occupied centre stage at every political debate in Europe since 2015. Starting from the "long summer of migration", the polarization of opinions and attitudes towards asylum seekers among citizens of the EU has grown increasingly. The divergence between hospitality and hostility has also become evident in political reactions.

Bruxelles: Editions de l'Université de Bruxelles, 2019. 256p.