Intertwined Itineraries: Debt, Decolonization, and International Law in Post-World War II South Asia

2020 ◽  
Vol 38 (1) ◽  
pp. 1-24
Author(s):  
Kalyani Ramnath
Keyword(s):  
World War Ii ◽  
International Law ◽  
South Asian ◽  
World War Two ◽  
British India ◽  
World War ◽  
Japanese Occupation ◽  
East Indies ◽  
Postwar Reconstruction ◽  
State Practice

This Article brings a Tamil-speaking Chettiar widow and a Dutch scholar of international law - two seemingly disparate characters - together through a footnote. Set against the background of decolonizing South and Southeast Asia in the aftermath of World War Two, it follows the judgment in a little-known suit for recovery of debt, filed at a district-level civil court in Madras in British India, which escaped the attention of local legal practitioners, but made its way into an international law treatise compiled and written in Utrecht, twenty years later. Instead of using it to trace how South Asian judiciaries interpreted international law, the Article looks at why claims to international law were made by ordinary litigants like Chettiar women in everyday cases like debt settlements, and how they became “evidence” of state practice for international law. These intertwined itineraries of law, that take place against the Japanese occupation of Burma and the Dutch East Indies and the postwar reconstruction efforts in Rangoon, Madras and Batavia, show how jurisdictional claims made by ordinary litigants form an underappreciated archive for histories of international law. In talking about the creation and circulation of legal knowledges, this Article argues that this involves thinking about and writing from footnotes, postscripts and marginalia - and the lives that are intertwined in them.

Abdul Rahman Baswedan and the Emancipation of the Hadramis in Indonesia

2004 ◽  
Vol 32 (3) ◽  
pp. 373-400 ◽  
Author(s):  
Huub de Jonge
Keyword(s):  
Twentieth Century ◽  
World War Ii ◽  
Coming Out ◽  
World War ◽  
Japanese Occupation ◽  
East Indies ◽  
Constant State ◽  
History Of ◽  
Dutch East Indies

AbstractThe journalist and politician Abdul Rahman Baswedan has played a prominent role in the emancipation of the Indonesian Hadhramis and in the integration of the Hadhrami minority into the wider Indonesian society. During the early decades of the twentieth century, the comparatively small, and for outsiders relatively closed, community was in a constant state of dissension and confusion. It was divided by tensions that can be reduced to differences between the Hadhrami culture and the Indonesian cultures, and between loyalty to Hadhramaut, the region of their origin, and the country in which they were looking for a livelihood. It was only in the years leading up to World War II that the idea of being an Indonesian gained significance in these circles, not least of all thanks to Baswedan's efforts in this respect. This article examines Baswedan's childhood and school years in an Arab quarter, his journalistic training and political maturation, and his gradual realization that he belonged to a community that had no perception of its future identity. His "coming out" as an Indonesian; and his activities during the nationalist period, the Japanese occupation, and the years after independence in striving to break down the relative isolation of his Hadhrami compatriots will also be analyzed. Baswedan's life and career form a unique entry in the history of the problems that the Hadhrami community has experienced, both in the Dutch East Indies and in Indonesia.

scholarly journals The Emergence of “Universal Jurisdiction” in Response to Somali Piracy: An Empirically Informed Critique of International Law’s “Paradigmatic” Universal Jurisdiction Crime

2019 ◽  
Vol 18 (3) ◽  
pp. 551-643
Author(s):  
Matthew Garrod
Keyword(s):  
World War Ii ◽  
International Law ◽  
Universal Jurisdiction ◽  
World War ◽  
International Court Of Justice ◽  
Customary International Law ◽  
International Crimes ◽  
Court Of Justice ◽  
International Court ◽  
State Practice

Abstract Since the 1980s, the idea that piracy is the “original” and “paradigmatic” universal jurisdiction crime in customary international law has been increasingly supported by weighty scholarship. In the wake of the unprecedented surge in Somali piracy, this view is gaining ground among various powerful actors in international law. Yet, remarkably little empirically grounded scholarship exists in support of universal jurisdiction. This Article provides the first comprehensive empirical analysis of state practice in response to Somali piracy in a ten-year period since 2006. Additionally, the data on Somali piracy are compared with the empirical findings of state practice regarding international crimes, which are more “heinous” than piracy, since the end of World War II to 2016. In so doing, this Article brings new insight and the first thorough critique of what most scholars, governments, the UN and even the International Court of Justice have said on universal jurisdiction, its purpose and the basis for it in international law. In view of inter-state tensions and conflict caused by universal jurisdiction and a move towards law codification, there is now a pressing need for a paradigm shift in the concept of universal jurisdiction for both piracy and international crimes, a step away from conventional scholarly accounts, and the grand narratives from which they proceed, to a position that has a solid basis in the actual practice of states. Empirically and historically informed, it is proposed that “universal jurisdiction” for both categories of crime provides a basis in international law permitting the exercise of national criminal jurisdiction over offences involving foreign nationals abroad that have a close nexus between the case over which jurisdiction is asserted and the state asserting jurisdiction. Common and traditionally held assumptions that universal jurisdiction is based solely on the grave nature of crimes and is applied by states absent any nexus to offences and in the interest of the international community are unfounded.

Establishing the Ramgarh Training Center: The Burma Campaign, the Colonial Internment Camp, and the Wartime Sino-British Relations

2020 ◽  
pp. 1-10
Author(s):  
Yin Cao
Keyword(s):  
World War Ii ◽  
South Asian ◽  
Chinese American ◽  
Northeast India ◽  
Training Center ◽  
British India ◽  
World War ◽  
Training Centre ◽  
Internment Camp ◽  
War Of Resistance

Abstract This article investigates how the Chinese Expeditionary Force joined the Burma Campaign and retreated to India in 1942, and how the Chinese, American, and British authorities negotiated to determine the destiny of Chinese forces in India. This article argues that the choice of Ramgarh, a small town in northeast India, as the site of a training centre for the Chinese Expeditionary Force sheds light on a decades-long programme of colonial internment-camp building in British India, and illuminates the difficult relationship between Chinese and British authorities during World War II. In doing so, it also argues that the historiography of China's War of Resistance requires Southeast and South Asian perspectives.

Setting the Stage

2017 ◽  
Author(s):  
Fred L. Borch
Keyword(s):  
World War Ii ◽  
Japanese Occupation ◽  
East Indies ◽  
Indonesian Archipelago ◽  
Ethical Policy ◽  
Netherlands East Indies ◽  
History Of ◽  
Colonial Economy ◽  
The Impact

Explores the role of the Dutch in the Indies from 1595, when sailors from Amsterdam first arrived in the islands, to 1942, when the Japanese invaded the colony and inflicted a devastating defeat upon the Dutch. The history of the Dutch in the Indonesian archipelago is critical to understanding the impact of the Japanese occupation after 1942, and the nature of the war crimes committed by the Japanese. This is because the ultimate goal of the Japanese occupiers was to erase all aspects of Dutch culture and influence the islands. The chapter begins with an examination of the early Dutch settlement of the islands, and the development of the colonial economy. It then discusses the so-called “Ethical Policy,” which sought to unify the islands under Dutch rule and implement European ideas about civilization, culture, and prosperity. The chapter looks at the colony’s social structure prior to World War II and closes with a discussion of the colony’s preparations for war with the Japanese in 1942. A short postscript explains what occurred between August 1945, when the Japanese surrendered, and December 1949, when the Netherlands East Indies ceased to exist.

scholarly journals Criminal Proceedings Against Albers

2013 ◽  
Vol 107 (3) ◽  
pp. 632-638
Author(s):  
Filippo Fontanelli
Keyword(s):  
World War Ii ◽  
International Law ◽  
World War ◽  
Criminal Proceedings ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
Court Of Appeal

In August 2012, the First Criminal Division of the Court of Cassation (Supreme Court or Court), the highest Italian domestic court, issued a judgment upholding Germany’s sovereign immunity from civil claims brought by Italian war crime victims against Paul Albers and eight others in the Italian courts (Albers). In so doing, the Court overruled its own earlier decisions and also reversed the judgment of April 20, 2011, by the Italian Military Court of Appeal (Military Court), which had upheld such claims relating to war crimes committed by German forces in Italy during World War II. With this ruling, the Court of Cassation put an end to its decade long effort to find an exception to the well-known rule of customary international law providing for sovereign immunity from foreign civil jurisdiction for actsjure imperii. Thisrevirementresulted from the Court’s decision to give effect to the judgment of the International Court of Justice (ICJ) inGermany v. Italy.

scholarly journals Nazi Crimes in Poland. A Never-Ending Search for Justice

2019 ◽  
pp. 142-160
Author(s):  
Hanna Kuczyńska
Keyword(s):  
World War Ii ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
World War ◽  
National Courts ◽  
International Criminal Tribunals ◽  
Efficient Machine

This article deals with the model for prosecuting Nazi crimes committed in Poland in the light of the model presently used in international criminal law. It tries to answer the question: should the investigation of crimes of international law be handed over to transnational tribunals? Should they be hybrid tribunals involving a national factor, or completely supra-national tribunals like the International Criminal Court? Is it legitimate to transfer jurisdiction over these matters to national courts? The case of unpunished Nazi crimes in Poland may give a partial answer to this question. Certainly, various attempts made after World War II, including procedures brought before Polish courts, have contributed to understanding the function of international criminal law, and finding the answer to the question of the best model for prosecuting crimes of international law. At present, we also have the experience of international criminal tribunals, in particular the ICC, which is an efficient machine for prosecuting crimes of international law. Interesting conclusions can be drawn from its functioning that could improve the work of Institute of National Remembrance (IPN) prosecutors, and shed new light on the considerations regarding the prosecution of Nazi crimes in Poland after World War II.

scholarly journals The (Immediate) Post-World War II Period

2020 ◽  
pp. 168-189
Author(s):  
Antonello Tancredi
Keyword(s):  
World War Ii ◽  
International Law ◽  
Interwar Period ◽  
World War ◽  
Post World War Ii ◽  
Theoretical Approaches ◽  
The Social ◽  
International Legal Order ◽  
The Relationship ◽  
Domestic Law

This chapter addresses the development, after World War II, of two different currents of thought inherited by the Italian international law doctrine from the interwar period: dogmatism and structuralism. The analysis of some fundamental writings concerning topics such as the foundation and the social structure of the international legal order tries to offer a reading lens on some of the most important scientific trends (especially ‘realism’ and ‘neo-normativism’) of the post-World War II period and on the scholars that animated such approaches. Thanks to the identification of some structuring ideas, it will then be possible to briefly examine other issues concerning, for instance, the relationship between international and domestic law after the 1948 Republican Constitution, sovereignty, etc. The evolution of the methodology of international law will have a relevant part in the analysis of theoretical approaches developed by Italian scholars in this period.

scholarly journals Constitutional law and international law at the turn of the century

2017 ◽  
Vol 1 (1) ◽  
pp. 1 ◽  
Author(s):  
JA Frowein
Keyword(s):  
World War Ii ◽  
World War I ◽  
International Law ◽  
Constitutional Law ◽  
The United States ◽  
Fundamental Rights ◽  
Strong Impact ◽  
World War ◽  
Constitutional Courts ◽  
Constitution Making

Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century. Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949) were influential. Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts. Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal. Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction. The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system. In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community ofnations. International law has also been instrumental in the worldwide recognition of human rights. Especially in Europe, Convention Law has had a strong impact. Furthermore, global and regional systems of regulation have tended to alter the legal attitude towards state sovereignty. It may be that the South African constitutional approach in terms of which international law is subject to constitutional and other national law, is not in line with international tendencies.

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