In Empire's Violent End, Thijs Brocades Zaalberg and Bart Luttikhuis, along with expert contributors, present comparative research focused specifically on excessive violence in Indonesia, Algeria,...Show moreIn Empire's Violent End, Thijs Brocades Zaalberg and Bart Luttikhuis, along with expert contributors, present comparative research focused specifically on excessive violence in Indonesia, Algeria, Vietnam, Malaysia, Kenya, and other areas during the wars of decolonization. In the last two decades, there have been heated public and scholarly debates in France, the United Kingdom, and the Netherlands on the violent end of empire. Nevertheless, the broader comparative investigations into colonial counterinsurgency tend to leave atrocities such as torture, execution, and rape in the margins. The editors describe how such comparisons mostly focus on the differences by engaging in "guilt ranking." Moreover, the dramas that have unfolded in Algeria and Kenya tend to overshadow similar violent events in Indonesia, the very first nation to declare independence directly after World War II.Empire's Violent End is the first book to place the Dutch-Indonesian case at the heart of a comparison with focused, thematic analysis on a diverse range of topics to demonstrate that despite variation in scale, combat intensity, and international dynamics, there were more similarities than differences in the ways colonial powers used extreme forms of violence. By delving into the causes and nature of the abuse, Brocades Zaalberg and Luttikhuis conclude that all cases involved some form of institutionalized impunity, which enabled the type of situation in which the forces in the service of the colonial rulers were able to use extreme violence. Show less
This dissertation situates the war in Syria within the actual and imagined system of international criminal justice. It explores the legal impediments and diplomatic challenges that have led to... Show moreThis dissertation situates the war in Syria within the actual and imagined system of international criminal justice. It explores the legal impediments and diplomatic challenges that have led to this tragic state of affairs and reviews a number of accountability solutions being explored within multilateral gatherings, by states, and by civil society actors, including innovations of institutional design; the re-activation of a range of domestic jurisdictional principles (including universal jurisdiction in Europe); the emergence of creative investigative and documentation techniques, technologies, and organizations; and the rejection of state consent as a precondition for the exercise of jurisdiction. Engaging both law and policy around international justice, the text offers a set of justice blueprints, within and without the International Criminal Court. It also considers the utility, propriety, and practicality of establishing an ad hoc tribunal and pursuing a transitional justice program without a genuine political transition. All told, the book attempts to capture the creative energy radiating from members of the international community intent on advancing the accountability norm in Syria even in the face of geo-political blockages within the U.N. Security Council. Show less
This dissertation provides a detailed analysis of the practical and urgent issue concerning the 1998 Rome Statute of the International Criminal Court as evidence of customary international law. The... Show moreThis dissertation provides a detailed analysis of the practical and urgent issue concerning the 1998 Rome Statute of the International Criminal Court as evidence of customary international law. The dissertation is composed of seven chapters, including the introduction and conclusions. Chapter 2 sets out a flexible formula of the two-element identification approach, focusing more on opinio juris, and clarifies the term ‘declaratory’ that defines the relationship between treaty and custom. Based on the methodology and the terms illustrated in chapter 2, chapters 3-6 address key issues of war crimes, crimes against humanity, indirect co-perpetration and personal immunity. This dissertation concludes that provisions of the Rome Statute were partly declaratory of custom when adopted in 1998, and that they are also partly declaratory of custom at the present time. This dissertation will hopefully provide a perspective to understand part of the corpus of customary law applicable in the field of international criminal law which could be of value to legal practitioners of States. Show less
