Permanent Suspicion: Tracing Coloniality in Criminal Law

“Permanent suspicion” is what our most recent guest and speaker as part of our ICCL lecture series, Dr. Kalika Mehta, both detected (regarding colonial subjects) and advocated for (regarding criminal laws today) in her research, tracing – as the subtitle of her talk suggested – coloniality in criminal laws. A quick Google search („It didn’t take me long to google these examples.“) hints at the extent of the problem: “Crimmigration“, the populist entanglement of migration and crime in the German public discourse, structural racism in the United Kingdom police force and a recent Indian bill for tougher rape laws all form part of a phenomenon central to the post-colonial analysis of criminal law: Construction of the other. This concept, Mehta explained, connects the historical episode of European colonialism (yes, dispossession of land is a recurrent feature of history, she concedes to popular criticism, but: 85% of the globe were colonized by European powers, this European colonialism was much more violent and constituted a parallel development to the expansion of modern capitalism, thus its extractive nature which resulted in a complete restructuring of colonial economies where human and natural resources only ever flow in one direction, the mother country) to today’s political and legal realities. It helps us trace coloniality, which Mehta defines as the continuation of colonialism as a belief system and pattern of thought that persists despite decolonization, which is to be understood as a continuing practical process. In fact, historical colonial powers, motivated by what Frantz Fanon called permanent suspicion against the colonial subject, used the construction of the colonial subject as the other, for example, as part of their anti-vagrancy laws, as a key feature of their oppressive regimes. While those political structures have ceased to exist, Mehta concluded, it is their “boomerang” effects in the Metropole, hidden in concepts such as the neutrality of law, the universality of international law or common modes of interpretation of law, which we as criminal law scholars should be suspicious towards today. What remains of law as a concept in the face of such fundamental criticism? While Mehta advocates constructive reform, she remained skeptical when asked, in the subsequent discussion, about the counter-hegemonical potential of international criminal law (one of her many other areas of expertise): Without Global South inclusion in, for example, the development of the list of core crimes, permanent suspicion towards the concept of an international community, remains, in her opinion, necessary. 

Laura Midey 

On April 15, 2025, Dr. Matilde Botto from the Università di Bologna gave a guest lecture as part of the International Criminal Law series, held in cooperation with the Feminist Law Clinic. Her talk, "Comparative Perspectives on Sexual Offences Law Reform: The Role of Consent and the Distinction between (Sexual) Assault and Harassment", provided valuable insights into Italian sexual offences law, placing it in a broader European context through a comparative legal lens. 

Dr. Botto began by outlining the concept of sexual autonomy, focusing on the protection against unwanted sexual contact (negative sexual autonomy). She identified two key challenges for European lawmakers: transitioning to a consent-based legal model and addressing non-physical sexual harassment in criminal law. While international and EU standards increasingly demand consent-based frameworks, national laws vary. Dr. Botto presented different legislative approaches and emphasized the necessity to adapt to new – especially digital – forms of harassment.

In the Italian context, she examined Article 609-bis of the Penal Code – the only provision explicitly criminalising sexual violence, limited to physical acts. This broad provision covers both minor harassment and serious assaults, without a clear legal stance on consent. Dr. Botto criticised the lack of legal precision, noting that while the courts’ broad and often liberal interpretations may align with international standards, they also raise concerns regarding the principle of legality. She called on the Italian legislature to provide clearer legal definitions and to include non-physical harassment, which is currently only addressed indirectly through general offences like “stalking.”

The lecture concluded with a lively discussion, further exploring legal avenues for criminalising sexual harassment.

Salka Suhr

Prof. Dr. Weißer zum Thema “Der Paragraf 218 und die aktuelle Debatte um seine Reform” im Podcast “Lange Nacht” von Deutschlandfunk Kultur.

Students from the University of Cologne have traveled to Ferrara to take part in the annual Transnational Organised Crime seminar, held in the context of the Transnational Organised Crime programme, a collaboration between the University of Queensland, Australia, and the University of Vienna, Austria (both represented by Prof. Dr. Andreas Schloenhardt), the University of Zurich, Switzerland (Ass.-Prof. Gian Ege), the University of Ferrara, Italy (Prof. Dr. Serena Forlati), and the Institute for Comparative Criminal Law at the University of Cologne (Prof. Dr. Bettina Weißer). This year‘s seminar was dedicated to the complex issue of trafficking in artefacts and antiquities as a field of organised crime. The participants explored a variety of topics, such as the origins and movement of cultural property, both national and international legal frameworks regarding the protection of cultural property as well as the networks behind their illicit trade. Additionally, they examined other legal aspects such as prevention, investigation, confiscation and the restitution of stolen cultural property. 

UQ News

University of Ferrara

University of Vienna

Titel: The United Nations Convention against Transnational Organized Crime and International Human Rights Law.
Datum: 22.01.2025, 18 Uhr
Ort: Seminargebäude, Tagungsraum 0.04

Der Vorstand der Gesellschaft für Rechtsvergleichung kündigt die 39. Tagung für Rechtsvergleichung vom 12. bis 14. September 2024 in Berlin zu dem Thema
„Globaler Süden – globaler Norden“ an.
Detaillierte Informationen enthält das Tagungsprogramm. Eine Programmübersicht bietet das Plakat zur Tagung. Die Anmeldung finden Sie hier.

On the occasion of the 25^th anniversary of the signing of the United Nations Convention against Transnational Organised Crime (UNTOC) and its Protocols, the Institute for Comparative Criminal Law had the great pleasure of welcoming experts and researchers from all over the world at Schloss Wahn to examine and vividly discuss the challenges and controversies of the UNTOC and its three Protocols.

Mark Shaw, Director of the Global Initiative against Transnational Organised Crime, started off the conference with his engaging keynote address. He addressed the main issues of the UNTOC: globalization, digital transformation and corruption of political leaders. Although the UNTOC can be viewed as a major political and legal achievement in the fight against organised crime, implementations of public and transparent review mechanisms are still missing.

In the first panel, chaired by Bettina Weisser, Francesco Calderoni (Università Cattolica del Sacro Cuore and Transcrime) outlined the evolution of the UNTOC and questioned the rather vague and broad definition of what constitutes organised crime. A practical insight into the application of the UNTOC was provided by Calogero Ferrara, European Delegated Prosecutor. Using the fight against organised crime in Italy as a blueprint, Ferrara applauded the incorporation of the „economic dimension“ (Falcone method) in the UNTOC and stressed the importance of international cooperation for using confiscation as a tool in combating organised crime groups.

The second panel, chaired by Andreas Schloenhardt, focused on the Protocol against Smuggling of Migrants as well as the Firearms Protocol. Frank Zimmermann (Albert-Ludwigs-Universität Freiburg) critically reflected on the interpretation, exceptions and limitations of the main regulations in the Protocol against Smuggling of Migrants and questioned the lack of liability of public officials in this context. Following up on this, the progress and prospects of the Protocol were analysed by Luigi Achilli (European University Institute, Florence). He compared the differences in theory and practice and, in view of the future, asked for a more proactive, cooperative approach for effective migration management and humanitarian success. Afterwards, Max Menn (UNODC, Firearms Trafficking Section) illustrated the evolution and experiences of the Firearms Protocol by pointing out the global dimension of firearms and the challenges imposed by technological developments.

The third panel was chaired by Joseph Lelliott (University of Queensland). First, Marika McAdam, Independent International Legal Consultant and Policy Adviser specialised in rights-based criminal justice responses to human trafficking and migrant smuggling, focused on the relationship between the UNTOC itself and the Trafficking in Persons Protocol. She drew attention to transnational organised trafficking networks which are – in contrast to “small traffickers” – not in the spotlight of the UNTOC’s national implementations. The second speaker, Parosha Chandran (King’s College, London, Human Rights Barrister at One Pump Court Chambers and Parliamentary Advisor) gave an inspiring overview of her work protecting victims of human trafficking from criminal punishment. With regard to her daily work, she particularly criticised the absence of an obligatory no-punishment-provision for victims in the UNTOC and emphasised the need for amendments.

To conclude, the fourth panel, chaired by Florian Jessberger (Humboldt-Universität zu Berlin) concentrated on the future of UNTOC. The first speaker, Julia Geneuss (Universität Bremen) pointed out obstacles and challenges which may arise from further crime types such as poly-crimes, digitalization and environmental crimes. In addition, Karine Bannelier (Université Grenoble Alpes) discussed recent negotiations about a UN convention against transnational organised cybercrime and assessed its possible scope, purpose and impact. Finally, Neil Boister (University of Canterbury, New Zealand) illustrated difficulties regarding international cooperation under the UNTOC, using the example of extradition. He emphasised the importance of reciprocity, communication, recognition of crimes, political legitimacy and trust for an effective cooperation between signatory states.

Many thanks to our excellent speakers and guests for an inspiring conference!

Titel: Obligations to criminalise in the Italian Constitution and the ECHR
Datum: 26. Juli 2024, 17 Uhr
Ort: Seminarraum 0.103, Sibille-Hartmann-Straße 2-8, 50969 Köln

Titel: Reproduktive Rechte: Von Meilensteinen im internationalen Recht bis zur aktuellen Situation in Deutschland

Datum: 02.07.2024

Zeit: 18 Uhr

Ort: Universität zu Köln, Tagungsraum 0.04, Seminargebäude

Titel: The worst of the worst: five death penalty problems and the court decisions that refused to solve them

Datum: 18.06.2024

Zeit: 18:00 Uhr

Ort: Hörsaal XVIII im Hauptgebäude

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