The 'original sin' of the laws of war - its exclusion of non-Europeans from its protection - shapes discussions around criminal liability for conduct during colonial expansion. This monograph disproves this position however, utilising State practice across various colonial frontiers that fell to Pax Britannica. In doing so, the groundbreaking research highlights eight clear customary colonial wars that applied to 'the other' across the Empire on Which the Sun Never Set.
Dr Samuel White is the Senior Research Fellow in Peace and Security at the Centre for International Law, National University of Singapore.
Ikhwan Fazli holds a Bachelor of Laws (Honours) from the University of Adelaide. Hailing from Perak, Malaysia, and previously having studied in Belgium and Singapore, his fields of interest include global history, international humanitarian law and intellectual property. He is a former Student Editor of the Adelaide Law Review.
"This book therefore is an important contribution to understanding warfare, war crimes, the British Empire and ourselves. "
Professor Cameron Moore – University of New England.
Acknowledgements
Foreword
Introduction
Part 1 The ‘Othering’ of International Law
1The Othering of Non-Western Peoples
2State/Imperial Practice as the Exception
Part 2 Categories of Colonial Prohibitions or Early War Crimes
3Prohibition on Summary Executions
4The Prohibition on Sexual Violence
5Prohibition on Perfidy
6Prohibition on Slavery
7Prohibition on Unnecessary Looting of Cultural Heritage
8Prohibition on Brigandry
9Prohibition against the Forced Dispersal or Deportation of Civilians
10Prohibition on Private Warfare
Conclusion
Index
Historians interested in frontier wars and the legal frameworks; libraries; post-graduate students and legal historical researchers; practitioners of international law.