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The Criminal State<br />

Criminal Sovereignty<br />

The conceptualizations of state capture above might be characterized as agent-centric. This<br />

level of criminalization goes beyond individual or even a multiplicity of agents; it is the dynamic<br />

of institutionalization. This is to say that the very institutions of the state are subject to subversion<br />

and perverse evolution, becoming in the process criminal enterprises. Thompson explains:<br />

[L]ike all forms of corruption, the institutional kind involves the improper use of public<br />

office for private purposes. But unlike individual corruption, it encompasses conduct that<br />

under certain conditions is a necessary or even desirable part of institutional duties. . . .<br />

What makes the conduct improper is institutional in the sense that it violates principles<br />

that promote the distinctive purposes of the institution. It is still individuals who are<br />

the agents of institutional corruption and individuals who should be held accountable<br />

for it, but their actions implicate the institution in a way that the actions of the agents<br />

of individual corruption do not. 41<br />

In her robust description of state capture, Grzymala-Busse builds her definition around<br />

four strategies; clientelism, predation, redistribution without democratic competition, and<br />

capture of state assets under competitive conditions:<br />

All these strategies involve the formation of distinct state institutions and capacities.<br />

State seizure does not simply corrode the state. Although extractive rulers seek to<br />

maximize their discretion by weakening regulation and oversight, they also construct<br />

rules and durable practices of redistribution, budgeting, and authority. It is not simply<br />

the case that “clientelism thrives when government institutions are weak” (Manzetti<br />

& Wilson, 2007, p. 955), but rather, that specific institutions are built to serve the<br />

extractive goals of rulers, sometimes with unintended consequences (Tilly, 1992). 42<br />

This builds on Hellman, Kaufmann, Kupferschmidt, and Thompson by further clarifying<br />

the malignant evolution of the state institutions themselves within the process of advanced<br />

criminalization and previews a sound characterization of the criminal state. In the criminal<br />

state, individuals are no longer able to function effectively without bending to or even supporting<br />

the new, illicit organizational mission. Indeed, to resist complicity in the criminal mission<br />

generally entails significant personal risk and cost or even loss of life.<br />

Charles Taylor’s Liberia<br />

Convicted war criminal Charles Taylor was president of Liberia from 1997 to 2003 and controlled<br />

most of the territory of the small West African state from the early 1990s on. During<br />

that period, he effectively turned the apparatus of the state into a criminal enterprise for the<br />

private enrichment of himself and his cronies through extraction of national resources. He also<br />

exploited political instability in neighboring countries to extend his reach into their resource<br />

bases. Farah writes, “What set Taylor apart was his ability to connect the state apparatus with<br />

different criminal and terrorist groups in order to form a single enterprise—an enterprise<br />

163

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