Understanding Humanitarian Crime and Deviance in Global Chains of Harm Production

Lead Research Organisation: Queen Mary University of London
Department Name: Sch of Law

Abstract

For several decades now, international humanitarian organisations have been evidenced to commit social harms that reinforce forms of structural violence and inevitably generate egregious human rights violations. Often, these harms occur in the context of humanitarian interactions with states and their agents, but increasingly, they are also motivated by the competitive dynamics of the humanitarian marketplace. While this may be the case, the everyday harms committed by humanitarian actors are often dismissed as singular and unintentional events, and are rarely interrogated from criminological perspectives relating to crime, deviance, and institutional violence.

This Fellowship builds upon my PhD, which generated rich empirical insights on the responsibilities of state and humanitarian actors for harms associated with forced evictions, aid negligence, land dispossession, and homelessness. My PhD takes a novel approach to questions of state and humanitarian harm production by theorising what organisational harms and wrongdoing may be considered crime. Adopting a state crime approach, I define humanitarian crime (or complicity in state and corporate crime) as acts that (a) entail the violation of human rights and (b) are recognised to have infringed an established rule by a social audience, for which it is willing to apply sanctions (Green and Ward, 2004, p.4). The latter part of this definition hinges on the concept of organisational deviance-that is, decisions to break with legal norms and expected standards of conduct in pursuit of illegitimate goals. My PhD further expands upon the state crime framework by considering the means, goals and pressures that motivate deviant organisational behaviours in the humanitarian field.

This Fellowship aims to have multiple impacts on institutional behaviour by widely disseminating the findings of my research and engaging directly with humanitarian practitioners and the broader public on the subject of humanitarian crime and prevention. First, I will consolidate my scholarly contributions to the field of criminology through two publications that will advance my concept and theorisation of humanitarian crime. Second, to have impact on humanitarian communities of practice, I will develop a policy brief and organise an inter-sectoral workshop for humanitarian organisations to disseminate the findings of my research and elicit feedback on concepts of humanitarian crime and ways that humanitarian organisations can refrain from committing or becoming complicit in harms that receive social opprobrium as crime. The aim of the workshop and policy brief is to spark new conversations with humanitarian actors that go beyond bureaucratic discussions of humanitarian principles, conduct norms, and accountability, and instead invite critical reflection about organisational behaviours that achieve the social stigma of crime, as informed by my research. The workshop's discussion with humanitarian practitioners will also guide the development of a podcast and opinion pieces about the nature and drivers of humanitarian crime for wider public dissemination. These outputs will specifically target civil society actors that play a role in monitoring and sanctioning the deviant acts and decisions of states and humanitarian actors that entail human rights violations. Finally, I will use the fellowship to develop new methodological approaches for the study of institutional harm and crime. By acquiring new skills in social network analysis, I will develop a proposal for the next stage of my career that will focus the political economy of technological providers in the humanitarian field and the diffusion of norms, ethics, and extractive practices that take place within these networks.

Publications

10 25 50
 
Description This one-year award had five components: (1) publications (2) impacting communities of practice (3) researching broader publics (4) building networks and (5) methodological innovation. While the award ends on 15 April 2022, at the time of reporting (1 March 2022), most of the grants' major achievements fall under components 3, 4, and 5, while outputs under 1 and 2 are still in progress.

The grant was highly successful in engaging humanitarian communities and broader publics on issues of humanitarian crime. It was able to take advantage of ongoing issues in Haiti that occurred during the grant period and cut-across the research's main themes (state/humanitarian violence). The PI used evidence from the grant's research on humanitarian crimes to publish two opinion pieces, one in a major media outlet (Al-Jazeera) and one posted on an NGO website. Evidence from the PI's research was also used to engage with grassroots communities in Haiti by participating in advocacy campaigns against state-humanitarian violence. More specifically, the grant enabled the PI to participate in and contribute research evidence to three Haitian advocacy campaigns seeking to influence U.S./U.K. policy on the following issues: (1) protection of Haitian refugees on the U.S./Mexico border; (2) 'localisation' of humanitarian aid after the August 2021 earthquake in Southern Haiti; and (3) the need to actively contest the criminalisation of Haitian citizens protesting the violent and anti-democratic acts of the Moise government. The PI's contributions to these campaigns were made in part through her appointment to the Executive Board of the Haiti Support Group (a UK-based advocacy group working with grassroots Haitian organisations). Through her position on the Executive Board, the PI collaborated closely with Haitian and international groups on messaging, communication and advocacy strategies for the above-mentioned campaigns on countering state violence. The PI also co-authored a draft paper for UNHCR policymakers that drew upon research findings funded through the award. The themes of the paper have since informed a book written by UNHCR that tackles major issues in the protection of displaced people, which targets states and international audiences with the aim of improving their responses to displacement.

In addition to public engagement, the work funded under the award enabled the PI to build her academic profile and consolidate a future research agenda (components 4 and 5 of the grant). She gave two public talks at Queen Mary University, one on researching carceral subjects and one on issues of adverse possession in Haiti. She also served as the convenor of the International State Crime Seminar series at Queen Mary University for 2021/2022 year. This activity enabled her to select speakers and chair events on state crime and build her profile and relationships with other state criminologists. The PI's expertise on environmental/disaster-related displacement has also been recognised at her institution, and she has been added to the list of QMUL experts to speak on climate change. She was also asked to help establish a new Climate Crime and Justice Centre at Queen Mary School of Law and given an opportunity to design new research-led seminars for a new QMUL postgraduate module on Climate Justice. During the grant period, the PI also submitted a paper proposal that was accepted for the 7th Global Conference on Law and Society, a major international conference in the field of socio-legal and criminological studies (the conference will take place in July 2022). These different network-building exercises have led to invitations for more public lectures on humanitarian crime. The PI has been invited to give public talks at UCL (May 2022) and Kent University (Fall 2022) on her research. Through the grant, the PI has also developed her own professional skills by taking language courses for future research, courses on new research methodologies and grant development, and courses on public presentation. Furthermore, this award provided time to the PI to develop an entirely new research project that will build off the findings of this grant. The new research project developed by the PI during the grant period was submitted for funding to the Leverhulme Early Career Fellowship in February 2021, and, was ultimately successful (that said, the PI has since become ineligible for this early career grant scheme after her appointment as a permanent lecturer at Queen Mary School of Law, meaning that she will submit this new research project to a different funding scheme later this year).

In terms of publications, the PI completed first draft edits of a book for which she is a co-editor. The book, IOM Unbound, will be published by Cambridge University Press in 2022. The PI also conducted legal research on the role of IOM in detention and co-authored a book chapter on this subject. The PI also made progress on turning her PhD thesis into a book. During the grant period, the PI completed edits on one chapter of her PhD for the book, and also wrote a book proposal for submission to potentially interested publishers.

(Update 2022-2023) In this update, the PI has used the findings of her grant research to write and present the conference paper 'Transgressor, Displaced Person, or Revolutionary? Rethinking the Role of the Camp within Haiti's Racialised Regimes of Property Ownership' and the Law and Society Association Conference (July 2022). She was also invited by Oxford University's Centre for Criminology to give a talk on 'Humanitarian Crime.' Additionally the PI contributed to a panel on 'Positionality in Migrant Research' organised by the QMUL Border(S) Centre (28 April 2022). Her contribution 'Haiti and the Politics of Place' was based on her PhD research/ESRC grant project. She also used her research findings to deliver a talk on 'IOM and Governing Migration' at a conference on 'Revising the Model International Mobility Convention: Challenges of Today's Migration' in Berlin on 14 October 2022.
Exploitation Route One key way the outcomes of this funding might be taken forward is by Haitian academics and civil society groups, who are currently leading the call for more localised and accountable humanitarian responses. My research on humanitarian crimes in Haiti (made accessible through different outputs) has shown how humanitarian actors are often motivated to participate in state violence, engage in dehumanising and rights violative practices, and are rarely held to account politically or legally. My research is a counter-balance to hegemonic claims that suggest Haiti requires more outside intervention as a way of creating order and stability in the country. Crucially, it lends support to Haitian academic and civil society discourses which identify humanitarianism as a key source of ongoing harm, precarity and disorder and demand changes to the current model of humanitarian aid in favour of more locally-driven responses to natural disasters.
Sectors Government, Democracy and Justice

 
Description The 2021 earthquake in Haiti has become a way to track discursive changes in Haitian civil society and identify how my research might be having an impact on these shifts. Increasingly so, Haitian groups are using criminological language (e.g. 'corruption') to describe and stigmatise humanitarian actions that lead to harm and suffering. The high volume of responses and feedback I received from Haitian academics and civil society organisations from my Al-Jazeera article on Haiti would suggest that my conceptual understanding of humanitarian crimes is gaining some traction in Haitian society, and can be at least useful to the ways that Haitians frame their struggles against unchecked humanitarian power. A recent invitation to contribute to UCL's new masters programme on 'new directions in humanitarianism' would also suggest that within academic circles there is interest for exploring how criminological concepts and methods can be used to analyse humanitarian structural violence and contributions to harm. In addition, I was asked to speak at the London Migration Film Festival at a film screening of Freda and to give a talk on 'humanitarian crime' at Oxford University's Centre for Criminology.
First Year Of Impact 2021
Sector Government, Democracy and Justice
Impact Types Societal,Policy & public services

 
Description Appointed an Executive Board Member of the Haiti Support Group
Geographic Reach Multiple continents/international 
Policy Influence Type Membership of a guideline committee
Impact My research dissemination through the platform of the HSG (which has a wide audience on social media) has helped promote greater awareness amongst international publics of the exploitative dimensions of Haiti's 2010 earthquake response. Through the HSG, I have also supported and helped advance arguments for 'localised' Haitian-led responses to natural disasters, as an alternative to unaccountable and often harmful international humanitarian interventions. As the vast majority of Haitians (as shown through polling data) do not want American military presence in the form of 'aid' to Haiti, my research has had impact by helping to supply arguments as to why this form of aid is harmful to Haiti, and why alternatives must be sought to protect Haitians.
URL https://haitisupportgroup.org/
 
Description Drafted paper for UNHCR on The Displacement Regime Complex: Reform for Protection
Geographic Reach Multiple continents/international 
Policy Influence Type Contribution to a national consultation/review
 
Description LLM Course Material - Climate Justice
Geographic Reach National 
Policy Influence Type Contribution to new or Improved professional practice
Impact Enhanced student understanding of how to apply criminological theories and methods to climate-related migration, thus opening up new directions in knowledge and research.
 
Description Blog - Haitian Protests Against Dictatorship 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Wrote a blog piece on Haitian protests after the unconstitutional move by President Moise to extend his presidency and consolidate dictatorship. The blog piece was written for the website of the Haiti Support Group (HSG) and shared on the HSG's social media (Twitter/Instagram), which has over 2,000 followers.
Year(s) Of Engagement Activity 2021
URL https://haitisupportgroup.org/stand-with-haiti-a-day-of-international-solidarity/
 
Description Conference Paper - Law and Society Association Conference 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact The PI wrote and delivered the conference paper 'Transgressor, Displaced Person, or Revolutionary? Rethinking the Role of the Camp within Haiti's Racialised Regimes of Property Ownership' at the Law & Society Association Global Conference in Portugal (13 July 2022). Twenty five academics attended her panel, which prompted debate about the role of humanitarian organisations in contemporary property making.
Year(s) Of Engagement Activity 2022
URL https://www.lawandsociety.org/lisbon-2022-homepage/
 
Description London Migration Film Festival 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact The PI gave a talk at the London Migration Film Festival after the screening of the Haitian film 'Freda.' (November 25, 2022). Her talk centred on the links between colonialism, migration, and urban violence in Haiti, drawing upon the themes of her PhD/ESRC grant research.
Year(s) Of Engagement Activity 2022
URL https://www.thegardencinema.co.uk/film/freda-qa/
 
Description Op-ed - Haiti: Why 2021 is and is not 2010 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Wrote an op-ed for Al Jazeera on the 2021 earthquake in Haiti and emerging Haitian resistance against a repeat of the aid failures in the country.
Year(s) Of Engagement Activity 2021
URL https://www.aljazeera.com/opinions/2021/9/13/haiti-why-2021-is-and-is-not-2010
 
Description Public Talk - 'IOM and Governing Migration' 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Third sector organisations
Results and Impact The PI delivered a talk on 'IOM and Governing Migration' at a conference on 'Revising the Model International Mobility Convention: Challenges of Today's Migration' in Berlin on 14 October 2022. The paper is based on her PhD/ESRC grant research and writing. More details about the conference can be found here: https://www.refmig.org/news/2023/1/18/revising-the-model-international-mobility-convention-finding-solutions-to-the-challenges-of-todays-migration

The conference convened 40 scholars and practitioners to discuss emerging challenges in migration governance in the context of reform proposals to the text of the Model International Mobility Convention (MIMC). Reform proposals from each of the papers was collected and intended to influence the next version of the Model International Mobility Convention (MIMC).
Year(s) Of Engagement Activity 2022
URL https://www.refmig.org/news/2023/1/18/revising-the-model-international-mobility-convention-finding-s...
 
Description Public talk - Queen Mary University of London 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Other audiences
Results and Impact Delivered a paper at a QMUL Law School research cafe on the theme 'Carrying out research with prisoners and other subjects of state control .' The research cafe brought together scholars to discuss common methodological, ethical, conceptual and political issues that emerge when undertaking research with people subject to carceral and carceral-like conditions (such as camps). The contributors included myself (Dr Angela Sherwood - QMUL Law), Dr Molly McPhee (QMUL Drama), and Professor Sean McConville (QMUL Law). The event was open to staff and students at QMUL, with twenty participants in attendance from the law school and other departments.
Year(s) Of Engagement Activity 2021
 
Description QMUL Law Digest 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Other audiences
Results and Impact My research was featured in the September 2021 issue of the QMUL law digest. The main audience was law school faculty and staff.
Year(s) Of Engagement Activity 2021
 
Description Talk - 'Should Humanitarians Work in Detention? Humanitarian Harms and Accountability' 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Postgraduate students
Results and Impact The PI delivered a talk at the UCL Institute for Risk and Disaster Reduction, based on her humanitarian detention research, titled 'Should Humanitarians Work in Detention? Humanitarian Harms and Accountability' (10 May 2022).
Year(s) Of Engagement Activity 2022
 
Description Talk - Law in Context Seminar Series 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Undergraduate students
Results and Impact A talk on adverse possession was delivered for the Land Law 'Law in Context' Seminar series. Participants were undergraduate students studying land law at QMUL.
Year(s) Of Engagement Activity 2021
 
Description Talk - Positionality in Migrant Research 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact The PI contributed to a panel on 'Positionality in Migrant Research' organised by the QMUL Border(S) Centre (28 April 2022). Her contribution 'Haiti and the Politics of Place' was based on her PhD/ESRC grant research.
Year(s) Of Engagement Activity 2022