The findings of an empirical study of the application of criminal law in non-terrorist disasters and tragedies ©2017

摘要

The world’s attention was riveted on Savar, Bangladesh on April 24, 2013 when the eight-story Rana Plaza collapsed, killing 1136 and injuring over 2000. Almost all the victims were textile workers. The causes of the collapse were the addition of an unpermitted, poorly engineered four stories coupled with substandard building materials. The building’s owner and factory operators ignored an engineer’s warning of dangerous cracks in the structure the day before the collapse. Instead, workers were ordered back into the building.The aftermath witnessed the arrests of 42 individuals, including the owner of the building, five factory owners, and a dozen national and local officials, including Savar’s mayor.11Syed Zain Al-Mahmood,Bangladeshi Police Charge 42 With Homicide for 2013Garment Factory Collapse, Wall St. J. (June 2, 2015),http://www.wsj.com/articles/bangaldeshi-police-charge-42-with-homicide-for-2013-garment-factory-collapse-1433181270.The Bangladesh arrests of those responsible for the Rana Plaza tragedy raise the legal issue of criminal prosecutions in disasters and tragedies arising from both natural and human causes. I noticed in the aftermath of the Rana Plaza collapse an increasing application of criminal law in these incidents, giving rise to several theses:1)A substantial increase globally in criminal prosecutions in non-terrorist disasters and tragedies in the New Millennium;2)A high percent of the incidents are in Asia and the Pacific Islands;3)Several cases include the prosecution of government officials and employees for corruption and other derelictions of duty22The one exception to the initiation requirement is the commencement of administrative and party sanctions in China because of the unique role of the Communist party in China. Party discipline can effectively result in the end of the accused’s career.; and4)The surge in prosecutions may be prompted by the ubiquity of smart phones, tablets, and social media.A plausible hypothesis is the increase in hand held digital cameras and cell phones coupled with the advent of social media to globally disseminate incidents, disasters, and tragedies. The New Millennium ushered in smart phones, Google, and the Internet. Popular knowledge and reaction to tragedies prompts a call for action, resulting in prosecutors taking action.33I cannot prove this premise though, but the Rana Plaza tragedy resulted in Bangladesh not only bringing criminal prosecutions, but a strengthening of safety standards.This paper presents an analysis of the results of the study. It lays out the need for criminal prosecutions, followed by the methodology. It summarizes the findings, and discusses a few situations which stand out. It also looks at the special case of South Korea, which has been most proactive in responding to incidents, not only with criminal prosecutions, but also with changes in government and society. The full 56-page list at denisbinder.com contains thumbnail sketches of each incident.44The study has a date of September 26, 2016.