ABSTRACT

The relationship between criminalising non-violent political expression and motivations to engage in political violence remains unclear with research finding that it can both prevent political violence and exacerbate it. This chapter contributes to these debates by establishing a theoretical typology of such criminalisation — distinguishing between the criminalising of political identity (CPI) and activity (CPA) — before discussing three implications this can have on actor motivation to engage in political violence: (1) contributing towards intergroup polarisation; (2) collectivising repression; and (3) increasing the costs associated with non-violent movements. These arguments are advanced through a comparative study of Northern Ireland and South Africa prior to the outbreak of collective political violence, drawing on archival evidence and original interview data. These sources are analysed through an interpretativist framework to outline how CPI constructs a particular social reality, implemented through CPA, and that violence often responds to this as a reflection of the constructed reality.