Abstract
Especially given the invasion of Iraq, a growing number of criminologists have been attending to the transformation of state power and security within a neo-liberal political context. Although the capacity and influence of the state is not disappearing altogether there is a discernible erosion of authority within the sovereign state. In the realm of policing, we witness continued fragmentation of authority in which state power is relinquished to expanding commercial markets. The de-coupling of policing and government raises serious questions about the changing architecture of liberal democratic societies, prompting concerns over the waning monopoly of legitimate coercion. The project here explores the controversy over the use of private military firms in occupied Iraq, particularly the recent killings of civilians by Blackwater personnel. While offering specific details of those incidents, the analysis elaborates on state–corporate crime by revealing how state power is dispersed to the private sector; by doing so, the article examines how private military personnel evade prosecution for war crimes and other human rights abuses.
Similar content being viewed by others
Notes
Since the 1990s, every multilateral peace operation conducted by the UN has included private security companies [4].
Details about that incident not clear. The Blackwater guards said the driver moved too close to their convoy when they opened fire on his vehicle. Fearful about a possible car bomb or other threat, the guards said they shouted instructions to back away from the convoy, then fired a warning shot into the radiator followed by a shot into the windshield. Those steps are recommended under the rules for the use of force by contractors in Iraq specified in Memorandum 17, a set of guidelines adopted in 2004 by the CPA, and is still in effect. Some witnesses, however, said the shooting was unprovoked. The driver is reported to have wounds in his shoulder, chest, and head ([20], A2)
One witness, Mohammed Mahdi, said the skirmish lasted about one hour, adding that he saw “at least four or five” people “who were certainly dead” but that he did not know how the people were killed, who killed them or whether they were civilians or combatants ([20], A4).
Immunity aims to protect the Fifth Amendment right against self-incrimination while allowing investigators to still gather evidence. Generally, individuals suspected of crimes are not given immunity and such grants are not made until after the probable defendants are identified. Prosecutors often face significant barriers in bringing a prosecution in cases in which defendants have been immunized [36].
During the Vietnam War, the military charged civilians under the Uniform Code of Military Justice for various crimes; however, the federal courts reversed some convictions on the grounds that Congress had never formally declared war [27].
References
Agamben, G. (2005). State of exception. Translated by Kevin Attell. Chicago: University of Chicago Press.
Amoore, L., & De Goede, M. (2005). Governance, risk and dataveillance in the war on terror. Crime, Law and Social Change, 43, 149–173.
Avant, D. (2004). Mercenaries. Foreign Policy, August, 20–28.
Avant, D. (2005). The market for force. New York: Cambridge University.
Barnes, J. E. (2007). America’s own unlawful combatants? Using private guards in Iraq could expose the U.S. to accusations of treaty violations, some experts think. Los Angeles Times, October 15:EV1–5.
Broder, J., & Johnston, D. (2007). U.S. military to supervise Iraq security convoys. New York Times, October 31, EV1–4.
Broder, J., & Risen, J. (2007a). Armed guards in Iraq occupy a legal limbo. New York Times, September 20, EV1–5.
Broder, J., & Risen, J. (2007b). Blackwater tops firms in Iraq in shooting rate. New York Times, September 27, EV1–6.
Broder, J., & Rohde, D. (2007). State Department use of contractors leaps in 4 years. New York Times, October 24, EV1–6.
Burchell, G., Gordon, C., & Miller, P. (1991). The Foucault effect: Studies in governmentality. Chicago: University of Chicago Press.
Butler, J. (2004). Precarious life: The powers of mourning and violence. London: Verso.
Castells, M. (1997). The information age: Economy, society, and culture: Vol. II-The power of identity. Oxford: Basil Blackwell.
Cobain, I. (2007). Firm to be sued over ‘torture flights.’ Guardian, June 4: 1–3.
Cohen, S. (2001). States of denial: Knowing about atrocities and suffering. Cambridge, UK: Polity.
Crawford, A. (2002). Crime and insecurity: The governance of safety in Europe. Devon, UK: Willan.
Crawford, A. (2003). ‘Contractual governance’ of deviant behavior. Journal of Law and Society, 30, 479–505.
Crawford, A. (2006). Networked governance and the post-regulatory state? Steering, rowing, and anchoring the provision of policing and security. Theoretical Criminology, 10(4), 449–479.
Edwards, A., & Hughes, G. (2005). Special issue: the governance of safety in Europe. Theoretical Criminology, 9, 3.
Ellison, G., & O’Reilly, C. (2008). From empire to Iraq and the ‘War on Terror’: The transplantation and commodification of the the (Northern) Irish policing experience. Police Quarterly, In press.
Fainaru, S., & Al-Izzi, S. (2007). U.S. security contractors open fire in Baghdad: Blackwater employees were involved in two shooting incidents in past week. Washington Post, May 27, A1–A5.
Foucault, M. (1991). Governmentality. In G. Burchell, C. Gordon, & P. Miller (Eds.), The Foucault effect: Studies of governmentality. Chicago: University of Chicago Press.
Foucault, M. (2003). Society must be defended: Lectures at the College de France, 1975–76. Translated by David Macey. New York: Palgrave Macmillan.
Foucault, M. (2008). The birth of biopolitics: Lectures at the College de France, 1978–79. Translated by Graham Burchell. New York: Palgrave Macmillan.
Garland, D. (1997). “Governmentality” and the problem of crime: Foucault, criminology, sociology. Theoretical Criminology, 1(2), 173–214.
Gearty, C. (2006). Can human rights survive?. Cambridge: Cambridge University Press.
Glanz, J., & Tavernise, S. (2007). Blackwater shooting scene was chaotic. New York Times, September 28, EV1–EV5.
Gordon, M. R. (2008). U.S. charges contractor at Iraq post in stabbing. New York Times, April 5: EV1–EV3.
Gormally, B., & McEvoy, K. (1997). The Northern Ireland conflict and peacemaking criminology. In B. MacLean, & D. Milovanovic (Eds.), Thinking critically about crime. Vancouver: Collective.
Green, P., & Ward, T. (2004). State crime: Governments, violence and corruption. London: Pluto.
Harbury, J. (2005). Truth, torture, and the American way: The history and consequences of U.S. involvement in torture. Boston: Beacon.
Hardt, M., & Negri, A. (2004). Multitude: War and democracy in the age of empire. New York: Penguin Putnam.
Held, D. (1995). Democracy and the global order: From the modern state to cosmopolitan governance. Cambridge: Polity.
Hersh, S. M. (2004). Chain of command: The road from 9/11 to Abu Ghraib. New York: HarperCollins.
Hirst, P., & Thompson, G. (1996). Globalization in question. Cambridge: Polity.
Jamieson, R., & McEvoy, K. (2005). State crime by proxy and juridical othering. British Journal of Criminology, 45, 504–527.
Johnston, D. (2007). Immunity deals offered to Blackwater guards. New York Times, October 30, EV1–EV4.
Jones, T., & Newburn, T. (1998). Private security and public policing. Oxford: Oxford University Press.
Keen, D. (2006). Endless war? Hidden functions of the ‘war on terror’. London: Pluto.
Kelly, C. (2004). The war on jurisdiction: Troubling questions about Executive Order 13303. Arizona Law Review, 46, 221–246.
Klein, N. (2007). Shock doctrine: The rise of disaster capitalism. New York: Henry Holt & Company.
Krahmann, E. (2003). Conceptualizing security governance. Cooperation and Conflict, 38(1), 5–26.
Kramer, R. C., & Michalowski, R. J. (2005). War, aggression and state crime: A criminological analysis of the invasion and occupation of Iraq. British Journal of Criminology, 45, 446–469.
Kramer, R. C., Michalowski, R. J., & Kauzlarich, D. (2002). The origins and development of the concept and theory of state–corporate crime. Crime & Delinquency, 48(2), 263–282.
Larner, W., & Walters, W. (2004). Introduction: Global governmentality: governing international spaces. In W. Larner, & W. Walters (Eds.), Global governmentality: Governing international spaces. London: Routledge.
Lipton, E. (2006). Former antiterror officials find industry pays better. New York Times, June 18, EV1–10.
Loader, I., & Walker, N. (2001). Policing as a public good: reconstituting the connections between policing and the state. Theoretical Criminology, 5(1), 9–35.
McCoy, A. W. (2006). A question of torture: CIA interrogation, from the Cold War to the war on terror. New York: Metropolitan Books.
McEvoy, K., & Gormally, B. (1997). Seeing is believing: positivist terrorology, peacemaking criminology and the Northern Ireland peace process. Critical Criminology, 8, 9–30.
Michalowski, R., & Kramer, R. (2006). State–corporate crime: Wrongdoing at the intersection of business and government. New Brunswick, NJ & London: Rutgers University Press.
Morgan, R., & Newburn, T. (1997). The future of policing. Oxford: Oxford University Press.
Mroue, B. (2007). Iraqis revoke license of U.S. security firm involved in killings. Associated Press, September 17, EV1–3.
Mythen, G., & Walklate, S. (2006). Criminology and terrorism: which thesis? Risk society or governmentality. British Journal of Criminology, 46, 379–398.
New York Times. (2007). Under fire, State Dept. watchdog quits. December 8, EV1–2.
Newburn, T. (2007). Governing security: The rise of the privatized military. In D. Downes, P. Rock, C. Chinkin, & C. Gearty (Eds.), Crime, social control and human rights—essays in honour of Stanley Cohen. Cullumpton, Devon (UK): Willan.
O’Reilly, C. (2005). State/Corporate symbiosis: The role of security consultants in Iraq. British Society of Criminology, Leeds, England, July 14.
Osborne, D., & Gaebler, T. (1992). Rethinking government. Harmondsworth: Penguin.
Rhodes, R. (1997). Understanding governance: Policy networks, governance, reflexivity and accountability. Buckingham: Open University.
Risen, J. (2008). 2005 Use of gas by Blackwater leaves questions. New York Times, January 10, EV1–6.
Passas, N. (2007). Corruption in the procurement process/outsourcing government functions: Issues, case studies, implications. Report to Institute for Fraud Prevention. Boston: Northeastern University.
Punch, M. (2008). Why corporations kill and get away with it. System criminality in international law. In P.A. Nollkaemper and H.G. van der Wilt (Eds.). Cambridge: Cambridge University Press.
Rose, N. (1996). The death of the social: refiguring the territory of government. Economy and Society, 25, 327–356.
Rose, N. (2000). Government and control. British Journal of Criminology, 40, 321–339.
Rose, N., & Valerde, M. (1998). Governed by law? Social and Legal Studies, 7(4), 541–551.
Rothe, D. (2006). Iraq and Halliburton. In R. Michalowski, & R. Kramer (Eds.), State–corporate crime: Wrongdoing at the intersection of business and government. New Brunswick, NJ & London: Rutgers University Press.
Ruggiero, V. (2007). War, crime, empire and cosmopolitanism. Critical Criminology, 15(3), 211–221.
Scahill, J. (2008). Blackwater: The rise of the world’s most powerful mercenary army. New York: Nation Books.
Shane, S., Grey, S., & Williams, M. (2005). C.I.A. expanding terror battle under guise of charter flights. New York Times, May 31: A1, A14.
Shearing, C., & Wood, J. (2000). Reflections on the governance of security: a normative inquiry. Police Research and Practice, 1(4), 457–476.
Simon, J. (2007). Governing through crime: How the war on crime transformed American democracy. New York: Oxford University Press.
Singer, P. W. (2003). Corporate warriors: The rise of the privatized military industry. Ithaca: Cornell University Press.
Singer, P. W. (2005). Outsoucing war. Foreign Affairs, March/April: 119–133.
Stenson, K. (2003). The new politics of crime control. In K. Stenson, & R. Sullivan (Eds.), Crime, risk and justice. Devon: Willan.
Stover, E., Megally, H., & Mufti, H. (2005). Bremer’s ‘gordian knot’: transitional justice and the US occupation of Iraq. Human Rights Quarterly, 27, 830–857.
Walker, N. (1999). Decoupling police and state. In E. Bort, & R. Keat (Eds.), The boundaries of understanding: Essays in honour of Malcolm Anderson. Edinburgh: International Social Science Institute.
Weber, M. (1948). From Max Weber: Essays in sociology. (ed. and trans H. Gerth and C.W. Mills). London: RKP.
Welch, M. (2006a). Scapegoats of September 11th: Hate crimes and state crimes in the war on terror. New Brunswick, New Jersey & London: Rutgers University Press.
Welch, M. (2006b). Seeking a safer society: America’s anxiety in the war on terror. Security Journal, 19(2), 93–109.
Welch, M. (2007). Sovereign impunity in America’s war on terror: Examining reconfigured power and the absence of accountability. Crime, Law, and Social Change, 47(3), 135–150.
Welch, M (2008). Ordering Iraq: Reflections on power, discourse, & neocolonialism. Critical Criminology: An International Journal, 16(4): In press.
Welch, M. (2009). Crimes of power & states of impunity: The U.S. response to terror. New Brunswick, New Jersey & London: Rutgers University Press.
Whyte, D. (2007). The crimes of neo-liberal rule in occupied Iraq. British Journal of Criminology, 47(2), 177–195.
Wilkinson, P. (1986). Terrorism and the liberal state (2nd ed.). London: Macmillan.
Zedner, L. (2006). Liquid security: Managing the market for crime control. Criminology and Criminal Justice, 6(3), 267–288.
Author information
Authors and Affiliations
Corresponding author
Additional information
This article is drawn from my research as a Visiting Fellow at the Centre for the Study of Human Rights at the London School of Economics where I am grateful to Stan Cohen and Conor Gearty. Likewise, I thank Tim Newburn, Director of the Mannheim Centre for Criminology at the LSE for sharing numerous insights into the nature of fragmented power. At Rutgers University, I wish to acknowledge Arnold Hyndman and the university’s sabbatical program.
Rights and permissions
About this article
Cite this article
Welch, M. Fragmented power and state-corporate killings: a critique of blackwater in Iraq. Crime Law Soc Change 51, 351–364 (2009). https://doi.org/10.1007/s10611-008-9169-6
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10611-008-9169-6