How to Fight Savage Tribes

1927 ◽  
Vol 21 (2) ◽  
pp. 279-288 ◽  
Author(s):  
Elbridge Colby
Keyword(s):  
United States ◽  
South Africa ◽  
International Law ◽  
Fruit Trees ◽  
The United States ◽  
The Philippines ◽  
Moral Sense ◽  
East Indies ◽  
Women And Children ◽  
Slight Damage

In the April, 1926 number of this Journal, Professor Quincy Wright remarks, apropos of the Damascus bombardment:Does international law require the application of laws of war to peopleof a different civilization? The ancient Israelites are said to have denied the usual war restrictions to certain tribes against which they were sworn enemies, the ancient Greeks considered the rules of war recognized among Hellenes inapplicable to barbarians, and medieval Christian civilization took a similar attitude toward war with the infidel. An English writer in1906 draws attention to “ the peculiarly barbarous type of warfare which civilized powers wage against tribes of inferior civilization. When I contemplate,” he adds, “ such modem heroes as Gordon, and Kitchener, and Roberts, I find them in alliance with slave dealers or Mandarins, orcutting down fruit trees, burning farms, concentrating women and children, protecting military trains with prisoners, bribing other prisoners to fight against their fellow countrymen. These are performances which seem to take us back to the bad old times. What a terrible tale will the recording angel have to note against England and Germany in South Africa, against France in Madagascar and Tonquin, against the United States in the Philippines,against Spain in Cuba, against the Dutch in the East Indies,against the Belgians in the Congo State.” Possibly the emphasis, in most accounts of the recent bombardment of Damascus, upon the fact that relatively slight damage was done to Europeans and Americans indicates the existence of this distinction in the moral sense of western communities.

scholarly journals Acts of genocide and international law

2021 ◽  
pp. 44-54
Author(s):  
Stefan Kirchner ◽  
Doly P. Orozco López
Keyword(s):  
United States ◽  
International Law ◽  
Central America ◽  
United States Of America ◽  
The United States ◽  
International Treaty ◽  
Customary International Law ◽  
Treaty Law ◽  
Women And Children ◽  
Jus Cogens

In addition to the loss of over 200,000 lives due to the COVID-19 pandemic, racist violence, riots, wildfires, storms and political controversies in an election year, the United States of America might now also see acts of genocide. If recent reports are confirmed, multiple acts of genocide have been committed against migrants from Central America, targeting in particular women and children. This text outlines the elements which define the crime of genocide under international law and explains the special, jus cogens, status the prohibition of genocide has under both international treaty law and customary international law. It includes a call for further investigations, pursuant to the obligation of all States to combat genocide.

International and Foreign Law in Domestic Constitutional Law

2021 ◽  
pp. 373-392
Author(s):  
Muna Ndulo
Keyword(s):  
United States ◽  
South Africa ◽  
International Law ◽  
Constitutional Law ◽  
World Wide ◽  
The United States ◽  
Post Conflict ◽  
Foreign Law ◽  
Domestic Courts

This chapter illustrates the role of international and foreign law in domestic constitutional law. Through the case analysis of South Africa (a post conflict state) and the United States (often seen as a country that is not too friendly to international and foreign legal systems), it discusses the role of international and foreign law in reconciling the regional development of the rule of law in a country, by working closely together with domestic constitutional law. The domestic courts both in the United States and South Africa, whenever they deem it appropriate, do consider international and foreign law in the resolution of disputes before them. The conditions under which each jurisdiction may resort to foreign or international law, as well as the criteria used for taking them into consideration, vary. However, most importantly, this practice should be encouraged as it promotes the uniform interpretation of international law and the progressive advancement of norms world-wide, which are aspects that are especially important in the field of human rights.

Lawless Wars of Empire? The International Law of War in the Philippines, 1898–1903

2018 ◽  
Vol 36 (3) ◽  
pp. 511-550 ◽  
Author(s):  
Will Smiley
Keyword(s):  
United States ◽  
International Law ◽  
United States Army ◽  
The United States ◽  
The Philippines ◽  
Prisoners Of War ◽  
Military Officers ◽  
Laws Of War ◽  
The World ◽  
History Of

Writing for his fellow military officers in early 1903, United States Army Major C.J. Crane reflected on the recent Philippine–American War. The bloody struggle to suppress an insurgency in the Philippines after the United States had annexed them from Spain in 1899 had officially concluded the previous July. The war had been accompanied by fierce racist sentiments among Americans, and in keeping with these, Crane described his foes as “the most treacherous people in the world.” But Crane's discussion drew as much on concepts of law as it did on race. The average American officer, Crane argued, had “remembered all the time that he was struggling with an enemy who was not entitled to the privileges usually granted prisoners of war,” and could be summarily executed, without benefit of “court-martial or other regular tribunal.” If anything, the Americans had been too generous. “Many [American] participants in the struggle,” he maintained, “have failed to fully understand that we were practically fighting an Asiatic nation in arms and almost every man a soldier in disguise and a violator” of the laws of war. But what did those laws mean to the United States during the conflict, and what does this indicate about the broader history of international law's relationship to empire?

scholarly journals Four Unconstitutional Constitutions and their Democratic Foundations

2018 ◽  
Author(s):  
Richard Albert
Keyword(s):  
United States ◽  
South Africa ◽  
International Law ◽  
The United States ◽  
Constitutional Amendment ◽  
The World

Cornell International Law Journal: Vol. 50 : No. 2 , Article 1.The present fascination with the global phenomenon of an unconstitutional constitutional amendment has left open the question whether a constitution can be unconstitutional. To declare an entire constitution unconstitutional seems different in both kind and degree from invalidating a single amendment for violating the architectural core of a constitution, itself undoubtedly an extraordinary action. In this Article, I illustrate and evaluate four different conceptions of an unconstitutional constitution. Each conception draws from a different constitution currently in force around the world, specifically the Constitutions of Canada, Mexico, South Africa and the United States. Despite their unconstitutionality in different senses of the concept, each constitution is nonetheless rooted in democratic foundations. The strength of these foundations, however, varies as to each.

Religious drug use in England, South Africa and the United States of America

2006 ◽  
Vol 1 (2) ◽  
pp. 165-177 ◽  
Author(s):  
Peter Edge
Keyword(s):  
United States ◽  
South Africa ◽  
Drug Use ◽  
International Law ◽  
Psychotropic Drugs ◽  
United States Of America ◽  
Religious Practice ◽  
The United States ◽  
The State ◽  
Fundamental Rights

AbstractThe question of whether there should be a fundamental right to sacramental use of psychotropic drugs, despite the existence of a general prohibition against the drug in question, has been considered by the courts of England, South Africa, and the United States. Despite the commonality of the issues in all three countries, the approaches taken by the courts show significant differences of interest beyond the factual situation. In particular, a consideration of the cases suggests different strategies in evaluating justificatory claims by the state when incidentally restricting religious practice; differing use of cases from other jurisdictions; and differing emphases on the importance of international law in interpreting fundamental rights.

Minority Experiences and Use of Games in Education Around the World

2022 ◽  
pp. 1549-1559
Author(s):  
Rupanada Misra ◽  
Leo Eyombo ◽  
Floyd T. Phillips
Keyword(s):  
United States ◽  
South Africa ◽  
The United States ◽  
The Philippines ◽  
Gaming Technology ◽  
The World

This chapter provides an overview of minority experience and the development of gaming technology all over the world. The use of gaming for education and entertainment is not limited to the United States, but globally gaming and education is viewed positively. This positive altitude needs to be explored to develop new educative and engaging strategies for minorities. In this chapter, the authors explore the use of gaming technology in other countries of the world. The countries are Canada, Spain, the Philippines, Norway, Korea, China, and South Africa.

Chaining Communists

2019 ◽  
pp. 66-94
Author(s):  
Marina E. Henke
Keyword(s):  
United States ◽  
South Africa ◽  
World War Ii ◽  
Korean War ◽  
The United States ◽  
The Philippines ◽  
Coalition Building ◽  
Direct Role ◽  
The Korean War ◽  
The U.S

This chapter focuses on the Korean War, which constituted the first instance of multilateral military coalition building in the post-World War II era. The U.S. government served as the pivotal state in this coalition-building effort. The chapter then looks at the deployment decisions of the three largest troop-contributing countries: the United Kingdom, Canada, and Turkey; the Philippines, a deeply embedded state with the United States in 1950; and South Africa, a weakly embedded state with the United States in 1950. The deployment decisions of the U.K. and Canada were the result of intense U.S. prodding involving a mixture of personal appeals, incentives, and threats. In this process, the U.S. government instrumentalized diplomatic networks to the greatest extent possible. Meanwhile, the Philippines was lured into the coalition via U.S. diplomatic embeddedness. Finally, in the case of South Africa, diplomatic embeddedness played no direct role. Rather, South Africa perceived the Korean War as an opportunity to gain from the U.S. long-desired military equipment, in particular military aircraft.

Minority Experiences and Use of Games in Education Around the World

2019 ◽  
pp. 16-30
Keyword(s):  
United States ◽  
South Africa ◽  
The United States ◽  
The Philippines ◽  
Gaming Technology ◽  
The World

This chapter provides an overview of minority experience and the development of gaming technology all over the world. The use of gaming for education and entertainment is not limited to the United States, but globally gaming and education is viewed positively. This positive altitude needs to be explored to develop new educative and engaging strategies for minorities. In this chapter, the authors explore the use of gaming technology in other countries of the world. The countries are Canada, Spain, the Philippines, Norway, Korea, China, and South Africa.

Guests of the ICRC

1965 ◽  
Vol 5 (49) ◽  
pp. 198-198
Keyword(s):  
United States ◽  
South Africa ◽  
New Zealand ◽  
Great Britain ◽  
The Netherlands ◽  
Sierra Leone ◽  
The United States ◽  
The Philippines ◽  
Red Cross ◽  
Upper Volta

During 1964, the Visitors' Service of the ICRC received some 2,500 persons.Many of these were members of National Societies of the Red Cross, Red Crescent and the Red Lion and Sun, representing more than 50 different nations: Afghanistan, Argentina, Australia, Austria, Belgium, Brazil, Cambodia, Canada, Chile, China, Congo, Czechoslovakia, Denmark, Ethiopia, Finland, France, Germany, Great Britain, Greece, Guatemala, Hungary, India, Iran, Iraq, Italy, Japan, Korea, Lebanon, Malaysia, Mexico, the Netherlands, New Zealand, Nicaragua, Nigeria, Pakistan, Peru, the Philippines, Poland, Rumania, Sierra Leone, South Africa, Spain, Sudan, Sweden, Switzerland, the United States, Upper Volta, Uruguay, the USSR and Yugoslavia.

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