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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.
AcknowledgementsForewordIntroductionPart 1The ‘Othering’ of International Law1 The Othering of Non-Western Peoples2 State/Imperial Practice as the ExceptionPart 2Categories of Colonial Prohibitions or Early War Crimes3 Prohibition on Summary Executions4 The Prohibition on Sexual Violence5 Prohibition on Perfidy6 Prohibition on Slavery7 Prohibition on Unnecessary Looting of Cultural Heritage8 Prohibition on Brigandry9 Prohibition against the Forced Dispersal or Deportation of Civilians10 Prohibition on Private WarfareConclusionIndex
"This book therefore is an important contribution to understanding warfare, war crimes, the British Empire and ourselves. "Professor Cameron Moore – University of New England.