My thesis analyzes the Mexican Drug Violence. This conflict follows partially the model of a so-called ‘new war’, post-modern conflicts in which armed groups merge with organized crime and... Show moreMy thesis analyzes the Mexican Drug Violence. This conflict follows partially the model of a so-called ‘new war’, post-modern conflicts in which armed groups merge with organized crime and deliberately create a situation of chaos and lawlessness. Actually, it has actually moved beyond that into a form of hybrid warfare: multidimensional, elusive, unpredictable and fought on many fronts with different weapons and intensities. The war being waged by radical Islam is another example of hybrid warfare. From an economic perspective, the cartels are extreme examples of predatory capitalist corporations that thrive in a neoliberal, globalized economy. Just as legal business, cartels face issues such as human resources, publicity and branding, corporate social responsibility, diversification and innovation. From an anthropological point of view, I investigate the motivations of the actors who engage in criminal activities and extreme cruelty. There are remarkable similar mechanism how people are being taught to kill and I compare Mexican professional assassins with West-African child soldiers and Western Jihadists. Extreme acts of violence beyond the instrumental are often called ‘senseless’. However, this closes the door for investigation. There is a logic and meaning behind ‘inhumane’ violence that is in fact part of the repertoire of human behavior. Show less
This paper explores international criminal law as a way to curtail the currently largely unfettered power of multinational corporations. With yearly turnovers that sometimes exceed the gross... Show moreThis paper explores international criminal law as a way to curtail the currently largely unfettered power of multinational corporations. With yearly turnovers that sometimes exceed the gross national product of states and corresponding political influence, such corporations not only theoretically can, but in the past repeatedly have, created detrimental effects for states and individuals in their sphere of operations. On the other hand, viable international solutions to subject multinational corporations to international rules and obligations comparable to those applicable to states are missing, except for voluntary partnerships like the UN Global Compact introduced by former UN Secretary-General Kofi Annan or efforts to make human rights obligations applicable to multinational corporations. The paper addresses the possibilities to extend the applicability of international criminal law to legal persons such as corporations. To that end, it shows how often-mentioned conceptual “stumbling blocks” such as establishing a corporation’s criminal intent (mens rea), corporate complicity, and means of punishment for corporations can be overcome, and hghlights the potential international criminal law bears to provide remedies to victims not only to crimes committed by states and individuals but also by multinational corporations. Only in extending the scope of international criminal law to multinational corporations, it is argued, can the former live up to its role not only as a means to punish but also to protect. Show less
