Impunity
Impunity refers to the exemption of punishment or penalty for engaging in an illegal activity such as fraud, misconduct, or abuse of power. In corrupt countries, the culture of impunity allows officials who yield power to evade the negative consequences of violating the law. In extremely corrupt countries, some officials have even been able to get away with mass genocide and other human rights violations.
This culture of impunity can exist in both authoritarian and democratic countries, but more often in countries where the justice system is weak, where leaders of these countries can easily evade the consequences of their actions at the expense of the people they govern. This culture thrives until the justice system can punish such illegal activities, keep it’s officials and those in power accountable.
Examples of Countries with a Culture of Impunity
Russia serves as an example of a country with a culture of impunity, which was amplified with the invasion of Ukraine. The Russian military has committed several war crimes, yet has never has been held accountable for the consequences of these actions. Specifically, Validir Putin is wanted for murder, torture, terrorism, deportation and forced transfer, abduction, rape, looting, unlawful confinement, unlawful airstrikes, among other war crimes. However, given the culture of impunity, he has been allowed to evade consequences and avoid accountability for this.
Venezuela also serves as an example where officials take advantage of a culture of impunity. Under the leadership of Presidents Hugo Chávez and Nicolás Maduro, the judicial system and other democratic institutions were dismantled, creating an environment filled with power abuses and serious human rights violations. This lack of accountability occured in the highest ranks of government, which has created a cycle of injustice where leaders rarely face the consequences for their corruption behaviors and actions. For example, bribery is common among Venezuelan officials who often engage in illegal oil contracts for financial benefit, yet never have to face legal repercussions.
Using U.S. Anti-Corruption Laws
There are several U.S. laws that aim to hold corrupt officials accountable, such as the Foreign Corrupt Practices Act (FCPA). The FCPA focuses on prohibiting bribes made to public officials in order to gain a business advantage. Furthermore, the accounting provisions of the FCPA require publicly traded corporations to maintain books and records that accurately reflect the transactions of the corporation in order to ensure that no bribes are paid.
The Dodd-Frank Act has significantly strengthened the SEC’s ability to enforce the FCPA by providing a powerful incentive for individuals to come forward with information about violations. Whistleblowers can obtain monetary awards for disclosing violations of anti-corruption laws contained within the FCPA. This law, along with other efforts in the United States aim to hold corrupt foreign officials accountable – especially those who believe they are above the law.