Corruption in the MENA: Between State Crime and International Criminal Law
摘要
Corruption in the Middle East and North Africa (MENA) has typically been studied from the lens of sociological, political and economic disciplines. While corruption has received relatively less attention in criminology, conspicuously in their paucity are criminological studies on corruption in the MENA. As a “southernising criminology” project, this chapter extends the “state crime” literature to the MENA to conceptualise public corruption in this region as a state crime whereby corruption might amount to an organisational deviance. This chapter challenges mainstream definitions of political corruption, which focus on individual or occupational deviance, and emphasises the need to consider the organisational nature of corruption as a pattern unique to political regimes in the MENA region. Unfortunately, state crimes have long posed a thorny challenge at the expense of international criminal law (ICL) and justice, particularly in addressing impunity and prioritising victim-centred advocacy. Similarly, the prosecution of corruption as a single form—of plurality—of state crimes introduces additional difficulties at the international level. Under the principles of ICL, such a crime requires a meticulous assessment of the criminal conduct constituting the offence, the identification of the state official involved in corruption as an international criminal and expunging the impunity of state officials who breach their own national laws while operating within a deviant governmental apparatus. This chapter contributes to criminological studies on corruption in the MENA region, arguing that ICL offers a fresh perspective on the (in)surmountable challenges of prosecuting corruption as a state crime at the international level.