ABSTRACT
In response to collective political violence, states frequently politicise ordinary crimes to criminalise the political motivations of ‘perpetrators’. However, this embodies a contradiction between counterinsurgency and the principles of criminal justice: deterrence, reform, and retribution. Through a comparative analysis of counterinsurgency in Northern Ireland and South Africa this chapter argues: (1) that deterrence is ineffective for political actors who perceive criminal sanctions differently from ordinary offenders; (2) that reform becomes a site of resistance for political actors designed to break their political resolve; and (3) that punishment for offences directs moral outrage against the political motivations behind violence. Therefore, while the politicisation of criminal justice may appear expedient in the first instance, its long-term implications and short-term contradictions call into question its justification.
