Whatever the upshot of enquiries into the legality of the invasion of Iraq
in 2003, we can feel confi dent that criminal justice journals will not be
full of articles that argue ‘if it was right to convict Prime Minister Tojo
and his cabinet for crimes of aggression, should not western cabinet ministers
hear the clang of the jailhouse door over Iraq ?’ We might excuse US
journals for not being engaged with such a debate because the US does
not acknowledge the jurisdiction of international criminal law over its
leaders. We know this will not happen anywhere for Iraq because journals
concerned with crime have never engaged in any major way with such
debates when past leaders were Anglo-Saxon, or friends of the dominant
western powers. We can have a debate over whether President Saddam
Hussein should hang for crimes against the Kurds once he is a pariah in
the west, but it is not a question worth discussing among criminologists
when he is an ally during the period when he actually commits the crimes.
Criminology can have a debate over whether Pol Pot and his communist
Cambodian leadership should have been convicted , but not over whether
President Suharto should have been convicted for the slaughter of half
a million Indonesian communists, or for the invasion of West Papua or
the invasion of East Timor. Suharto was also arguably the most successful
white-collar criminal of the twentieth century, in terms of the scale
of his crimes. Even though many western criminologists were victims of
Suharto family embezzlement from joint ventures between his Indonesian
government and western fi rms in which we have pension funds invested,
this is unlikely to cross the minds of criminologists as a central question
for discussion in our journals.