Refugees and State Crime

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Author: Sharon Pickering

Publisher: Federation Press

ISBN: 9781862875418

Category: Law

Page: 222

View: 5940

In the aftermath of World War II, in the shadow of the Holocaust, the countries of the world signed on for a Convention giving rights and safeguards to refugees. Forced migration was a humanitarian not a criminal concern. Being a refugee involved discussion of human rights and protection rather than developing processes of criminalization and law enforcement. Sharon Pickering documents how this has changed. Refugees and asylum seekers are dressed in the clothes of criminals, and national sovereignty has become the focus of the response of the Global North to forced migration. Pickering adopts a State Crime framework, emerging out of a critique of law and order refugee politics, to explain policy responses. The roles of the administration, the justice system and the media are analysed to highlight the discourses of criminality which have come to dominate discussion of refugee and asylum issues. She shows how the spectacle of the refugee as criminal allied to the rise of transnational policing, has led to the opening up of extra-territorial, extra-legal spaces, how contradictions have emerged as to national "borders" and how the rule of law has been debased.

The Oxford Handbook of Refugee and Forced Migration Studies

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Author: Elena Fiddian-Qasmiyeh,Gil Loescher,Katy Long,Nando Sigona

Publisher: OUP Oxford

ISBN: 0191645877

Category: Political Science

Page: 800

View: 2954

Refugee and Forced Migration Studies has grown from being a concern of a relatively small number of scholars and policy researchers in the 1980s to a global field of interest with thousands of students worldwide studying displacement either from traditional disciplinary perspectives or as a core component of newer programmes across the Humanities and Social and Political Sciences. Today the field encompasses both rigorous academic research which may or may not ultimately inform policy and practice, as well as action-research focused on advocating in favour of refugees' needs and rights. This authoritative Handbook critically evaluates the birth and development of Refugee and Forced Migration Studies, and analyses the key contemporary and future challenges faced by academics and practitioners working with and for forcibly displaced populations around the world. The 52 state-of-the-art chapters, written by leading academics, practitioners, and policymakers working in universities, research centres, think tanks, NGOs and international organizations, provide a comprehensive and cutting-edge overview of the key intellectual, political, social and institutional challenges arising from mass displacement in the world today. The chapters vividly illustrate the vibrant and engaging debates that characterise this rapidly expanding field of research and practice.

The Borders of Punishment

Migration, Citizenship, and Social Exclusion

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Author: Katja Franko Aas,Mary Bosworth

Publisher: OUP Oxford

ISBN: 0191648140

Category: Law

Page: 336

View: 1077

The Borders of Punishment: Migration, Citizenship, and Social Exclusion critically assesses the relationship between immigration control, citizenship, and criminal justice. It reflects on the theoretical and methodological challenges posed by mass mobility and its control and for the first time, sets out a particular sub-field within criminology, the criminology of mobility. Drawing together leading international scholars with newer researchers, the book systematically outlines why criminology and criminal justice should pay more attention to issues of immigration and border control. Contributors consider how 'traditional' criminal justice institutions such as the criminal law, police, and prisons are being shaped and altered by immigration, as well as examining novel forms of penality (such as deportation and detention facilities), which have until now seldom featured in criminological studies and textbooks. In so doing, the book demonstrates that mobility and its control are matters that ought to be central to any understanding of the criminal justice system. Phenomena such as the controversial use of immigration law for the purposes of the war on terror, closed detention centres, deportation, and border policing, raise in new ways some of the fundamental and enduring questions of criminal justice and criminology: What is punishment? What is crime? What should be the normative and legal foundation for criminalization, for police suspicion, for the exclusion from the community, and for the deprivation of freedom? And who is the subject of rights within a society and what is the relevance of citizenship to criminal justice?

Howard's Fourth Government

Australian Commonwealth Administration, 2004-2007

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Author: Chris Aulich,Roger Llewellyn Wettenhall

Publisher: UNSW Press

ISBN: 9780868409825

Category: Political Science

Page: 303

View: 5963

This book looks at the administrative and leadership style of former Prime Minister John Howard's fourth and final term in government (2004-2007). An important contemporary reference work for students and researchers of Australian politics.

Race, Criminal Justice, and Migration Control

Enforcing the Boundaries of Belonging

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Author: Mary Bosworth,Alpa Parmar,Yolanda Vázquez

Publisher: Oxford University Press

ISBN: 0192546538

Category: Social Science

Page: 288

View: 3570

In an era of mass mobility, those who are permitted to migrate and those who are criminalized, controlled, and prohibited from migrating are heavily patterned by race. By placing race at the centre of its analysis, this volume brings together fourteen chapters that examine, question, and explain the growing intersection between criminal justice and migration control. Through the lens of race, we see how criminal justice and migration enmesh in order to exclude, stop, and excise racialized citizens and non-citizens from societies across the world within, beyond, and along borders. Neatly organized in four parts, the book begins with chapters that present a conceptual analysis of race, borders, and social control, moving to the institutions that make up and shape the criminal justice and migration complex. The remaining chapters are convened around the key sites where criminal justice and migration control intersect: policing, courts, and punishment. Together the volume presents a critical and timely analysis of how race shapes and complicates mobility and how racism is enabled and reanimated when criminal justice and migration control coalesce. Race and the meaning of race in relation to citizenship and belonging is excavated throughout the chapters presented in the book, thereby transforming the way we think about migration.

State Crime and Resistance

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Author: Elizabeth Stanley,Jude McCulloch

Publisher: Routledge

ISBN: 1136233636

Category: Social Science

Page: 256

View: 5581

Within criminology ‘the state’ is often ignored as an active participant, or represented as a neutral force. While state crime studies have proliferated, criminologists have not paid attention to the history and impact of resistance to state crime. This book recognises that crimes of the state are far more serious and harmful than crimes committed by individuals, and considers how such crimes may be contested, prevented, challenged or stopped. Gathering together key scholars from the UK, USA, Asia, Australia and New Zealand, this book offers a deepened understanding of state crime through the practical and analytical lens of resistance. This book focuses on crimes ranging from gross violations of human rights (such as genocide, war crimes, mass killings, summary executions, torture, harsh detention and rape during war), to entrenched discrimination, unjust social policies, border controls, corruption, fraud, resource plunder and the failure to provide the regulatory environment and principled leadership necessary to deal with global warming. As the first to focus on state crime and resistance, this collection inspires new questions as it maps the contours of previously unexplored territory. It is aimed at students and academics researching state crimes, resistance, human rights and social movements. It is also essential reading for all those interested in joining the struggles to champion ways of living that value humanity and justice over power.

Migrants, Refugees, and the Media

The New Reality of Open Societies

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Author: Sai Felicia Krishna-Hensel

Publisher: Routledge

ISBN: 1351234641

Category: Political Science

Page: 224

View: 3179

The large-scale movements of refugees and economic migrants from conflict zones to more stable societies have resulted in challenges, both for new entrants and their hosts. This fascinating volume brings together a collection of media analyses focused on immigration issues to examine how migration has been represented to the public. Case studies exploring media coverage of migrants and refugees in Europe enable the reader to better understand the complexity of the process through a range of unique and unexplored dimensions of immigration analysis, including strategic framing theory, game structure analysis, migration maps and routes, television narratives, rumour-based communication, and state-bred campaigns. The insights into the perspective of migrants, the general public and policy makers provide innovative methodological and theoretical analysis on population movements which will be of interest to scholars, students, and policy makers working in the fields of migration studies, international relations, peace and security studies, and social and public policy.

Children's Rights and Refugee Law

Conceptualising Children within the Refugee Convention

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Author: Samantha Arnold

Publisher: Routledge

ISBN: 135168356X

Category: Law

Page: 208

View: 4718

Children make up half of the world’s refugees and over 40 per cent of the world’s asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children’s rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children’s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children’s rights approach, the conceptualisations of children outside the legal discipline, within international children’s rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children’s rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children’s rights and international human rights law.

The Collective Responsibility of States to Protect Refugees

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Author: Agnès G. Hurwitz

Publisher: Oxford University Press on Demand

ISBN: 0199278385

Category: Law

Page: 350

View: 8673

In managing the growing number of refugees arriving in the industrialised world, States have devised increasingly restrictive policies since the end of the 1970s. The objectives of these measures have been to restrict access to the territory or, at least, to asylum procedures. Thus, while international co-operation in the refugee field traditionally focused on protection and assistance, the last two decades have been characterised by the emergence of translational policies aimed at containing refugee flows, primarily on the European continent. The convoluted refugee routes - often described as 'secondary' or 'irregular' movements of refugees between countries of origin and their final destination - have been one of the major preoccupations of States. To combat what they often perceive to be a proof of the fraudulent or manifestly unfounded nature of asylum claims, European States have passed legislation or agreed on international instruments designed to allocate and even evaderesponsibility for the examination of asylum applications. Even bolder solutions have been advocated more recently, such as the outsourcing of asylum procedures through regional or offshore schemes. This book presents a critical legal analysis of the mechanisms and arrangements devised by States to tackle secondary movements of refugees, and offers innovative solutions to the protection crisis afflicting the global refugee regime. After providing a comprehensive breakdown of the various legal tools used by States to combat secondary refugee movements, the book argues that, while the legality of these various arrangements is seriously in doubt, the most appropriate way to address these protection failures is to strengthen and develop adequate international accountability mechanisms.

The Human Rights of Migrants in European Law

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Author: Cathryn Costello

Publisher: Oxford University Press

ISBN: 0199644748

Category: Law

Page: 350

View: 9237

A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.

Let Me Be a Refugee

Administrative Justice and the Politics of Asylum in the United States, Canada, and Australia

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Author: Rebecca Hamlin

Publisher: Oxford University Press

ISBN: 0199373329

Category: Political Science

Page: 240

View: 973

International law provides states with a common definition of a "refugee" as well as guidelines outlining how asylum claims should be decided. Yet even across nations with many commonalities, the processes of determining refugee status look strikingly different. This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations: the United States, Canada, and Australia. Though they exhibit similarly high levels of political resistance to accepting asylum seekers, refugees access three very different systems-none of which are totally restrictive or expansive-once across their borders. These differences are significant both in terms of asylum seekers' experience of the process and in terms of their likelihood of being designated as refugees. Based on a multi-method analysis of all three countries, including a year of fieldwork with in-depth interviews of policy-makers and asylum-seeker advocates, observations of refugee status determination hearings, and a large-scale case analysis, Rebecca Hamlin finds that cross-national differences have less to do with political debates over admission and border control policy than with how insulated administrative decision-making is from either political interference or judicial review. Administrative justice is conceptualized and organized differently in every state, and so states vary in how they draw the line between refugee and non-refugee.

Crime, Punishment and Migration

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Author: Dario Melossi

Publisher: SAGE

ISBN: 1473933668

Category: Social Science

Page: 128

View: 702

In the globalized world an extensive process of international migration has developed. The resulting conundrum of issues when examining crime and migration makes for a bitterly complex and intriguing set of debates. In this compelling account, Dario Melossi provides an authoritative take on the theory and research examining the connection of crime, migration and punishment. Through a socio-historical and criminological approach, he shows that the core questions of migrants' criminal behaviour are tightly related to the rules and practices of migrants’ reception within the various countries’ social and normative structures. Written for students, academics, researchers and activists with an interest in the topic, the book will appeal to individuals in a range of disciplines, from criminology and sociology to politics, international relations, ethnic studies, geography, social policy and development. Compact Criminology is an exciting series that invigorates and challenges the international field of criminology. Books in the series are short, authoritative, innovative assessments of emerging issues in criminology and criminal justice – offering critical, accessible introductions to important topics. They take a global rather than a narrowly national approach. Eminently readable and first-rate in quality, each book is written by a leading specialist. Compact Criminology provides a new type of tool for teaching, learning and research, one that is flexible and light on its feet. The series addresses fundamental needs in the growing and increasingly differentiated field of criminology.

Migration in Political Theory

The Ethics of Movement and Membership

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Author: Sarah Fine,Lea Ypi

Publisher: Oxford University Press

ISBN: 0191664316

Category: Political Science

Page: 288

View: 1478

Written by an international team of leading political and legal theory scholars whose writings have contributed to shaping the field, Migration in Political Theory presents seminal new work on the ethics of movement and membership. The volume addresses challenging and under-researched themes on the subject of migration. It debates the question of whether we ought to recognize a human right to immigrate, and whether it might be legitimate to restrict emigration. The authors critically examine criteria for selecting would-be migrants, and for acquiring citizenship. They discuss tensions between the claims of immigrants and existing residents, and tackle questions of migrant worker exploitation and responsibility for refugees. The book illustrates the importance of drawing on the tools of political theory to clarify, criticize, and challenge the current terms of the migration debate.

Border Crimes

Australia's War on Illicit Migrants

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Author: Michael Grewcock

Publisher: Federation Press

ISBN: 9780975196793

Category: Political Science

Page: 351

View: 9897

"Meticulously researched and elegantly written, Border Crimes argues that Australia's treatment of asylum seekers as `illegal immigrants' should itself be regarded as criminal - as state crime. Mike Grewcock marshals the evidence irrefutably; after reading his account, `boat people' will never again appear as suspected illegal entrants. "Professor Scott Poynting, Manchester Metropolitan University, co-author Bin Laden in the Suburbs: Criminalising the Arab Other. "In this powerful and compelling book, Mike Grewcock eloquently exposes the organised criminal abuses and violence perpetrated by states against one of the world's most vulnerable populations. Through the lens of a state crime framework and with conceptual rigour he traces the political and historical antecedents of Australia's shameful asylum policy and practice. Refreshingly this book is not only about unconscionable crimes committed by states it also engages with resistance and locates the possibility of social justice firmly within the domain of civil society."

Media, Crime and Racism

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Author: Monish Bhatia,Scott Poynting,Waqas Tufail

Publisher: Springer

ISBN: 3319717766

Category: Social Science

Page: 391

View: 9767

Media, Crime and Racism draws together contributions from scholars at the leading edge of their field across three continents to present contemporary and longstanding debates exploring the roles played by media and the state in racialising crime and criminalising racialised minorities. Comprised of empirically rich accounts and theoretically informed analysis, this dynamic text offers readers a critical and in-depth examination of contemporary social and criminal justice issues as they pertain to racialised minorities and the media. Chapters demonstrate the myriad ways in which racialised ‘others’ experience demonisation, exclusion, racist abuse and violence licensed – and often induced – by the state and the media. Together, they also offer original and nuanced analysis of how these processes can be experienced differently dependent on geography, political context and local resistance. This collection critically reflects on a number of globally significant topics including the vilification of Muslim minorities, the portrayal of the refugee ‘crisis’ and the representations and resistance of Indigenous and Black communities. This volume demonstrates that processes of racialisation and criminalisation in media and the state cannot be understood without reference to how they are underscored and inflected by gender and power. Above all, the contributors to this volume demonstrate the resistance of racialised minorities in localised contexts across the globe: against racialisation and criminalisation and in pursuit of racial justice.

Racist Victimization

International Reflections and Perspectives

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Author: Georgios Antonopoulos

Publisher: Routledge

ISBN: 1317072030

Category: Social Science

Page: 240

View: 8445

This book investigates the phenomenon of racist victimization in a number of countries, uncovering and analyzing its historical roots, its relation to the legal system in a particular national context, its extent and the response to it. Through the international comparative approach adopted and the broad geographical range of studies presented, including national settings which have so far been largely ignored by the literature on racist victimization, the volume offers a truly international perspective on an important social, political and academic issue. As such, Racist Victimization: International Reflections and Perspectives will constitute essential reading not only for sociologists and socio-legal scholars, but for anyone working in the field of race and ethnicity, crime and justice, criminology, victimology or policing.

Asylum - A Right Denied

A Critical Analysis of European Asylum Policy

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Author: Helen O'Nions

Publisher: Routledge

ISBN: 1317177754

Category: Political Science

Page: 270

View: 4096

In recent decades, asylum has emerged as a highly politicized European issue. The term ’asylum seeker’ has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international law.

Enduring Uncertainty

Deportation, Punishment and Everyday Life

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Author: Ines Hasselberg

Publisher: Berghahn Books

ISBN: 1785330233

Category: Social Science

Page: 186

View: 770

Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here – on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance – are important for broader understandings of border control policy and human rights.

Recapturing Freedom

Issues Relating to the Release of Long-term Prisoners Into the Community

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Author: Dot Goulding

Publisher: Hawkins Press

ISBN: 9781876067182

Category: Social Science

Page: 192

View: 2867

Recapturing Freedom is about the experience of long-term prisoners as they prepare for release. Dot Goulding shows the connection between the institutionalisation that strips inmates of their identity in order to make them tractable, and their subsequent, all-too-common failure to cope with life on the outside. Her book is based on extensive in-depth interviews with male and female prisoners. Recurring themes are the relentless surveillance and control to which prisoners are subjected, and the centrality of violence and brutalisation in the prison experience - group violence, sexual violence and, according to the interviewees, violence which is officially sanctioned. Recapturing Freedom shows why most long-term prisoners find freedom so hard to recapture - physically free but mentally still locked into a subculture of brutality, isolation and deprivation, it is most often prison that recaptures them. Goulding finishes her book with suggestions on how, taking account of the actual experiences of prisoners, this endless cycle of recidivism might be stopped.