International Crimes of Western Colonialism

IF 0.3 Q3 LAW Journal of International Humanitarian Legal Studies Pub Date : 2023-10-24 DOI:10.1163/18781527-bja10081

Julia Emtseva

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Abstract

Abstract Does colonialism still exist in the 21st century? Philippe Sands provides a resounding affirmation to this question in his recent book The Last Colony . Sands expounds upon the circumstances surrounding the Chagos archipelago, the most recently colonized territory by the United Kingdom, which triggers further discussions about the ability of international law to address colonial crimes. Sands’ tale proves that it is possible to challenge colonisers by using the existing tools of international law. Yet, the efficacy of justice efforts remains inadequate for the victims of colonial crimes. In addition to evaluating the critical contributions of The Last Colony , this review essay examines the international crime of forced displacement and how it has been tackled by international courts within other contexts. Drawing on the recent Human Rights Watch report documenting the offences committed by the UK and US authorities against the Chagossians, the essay assesses which elements of the colonial crime of forced evictions attain the gravity threshold for crimes against humanity. And finally, the essay argues for the need for greater awareness and accountability for such crimes and their lasting effects on individuals and societies.

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西方殖民主义的国际罪行

21世纪的殖民主义还存在吗?菲利普·桑兹(Philippe Sands)在他的新书《最后的殖民地》(The Last Colony)中对这个问题给出了响亮的肯定。桑兹阐述了查戈斯群岛的情况，查戈斯群岛是英国最近殖民的领土，这引发了关于国际法解决殖民犯罪能力的进一步讨论。桑兹的故事证明，利用现有的国际法工具来挑战殖民者是可能的。然而，司法努力对殖民罪行受害者的效力仍然不足。除了评估《最后的殖民地》的重要贡献外，这篇评论文章还探讨了强迫流离失所的国际罪行，以及国际法院在其他背景下如何处理这一罪行。根据人权观察(Human Rights Watch)最近的一份报告，记录了英国和美国当局对查戈斯人犯下的罪行，本文评估了强迫驱逐这一殖民罪行的哪些要素构成了危害人类罪的严重门槛。最后，文章认为有必要提高对此类犯罪及其对个人和社会的持久影响的认识和问责。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Journal of International Humanitarian Legal Studies LAW-

CiteScore

1.50

自引率

11.10%

发文量

期刊介绍： The Journal of International Humanitarian Legal Studies is a peer reviewed journal aimed at promoting the rule of law in humanitarian emergency situations and, in particular, the protection and assistance afforded to persons in the event of armed conflicts and natural disasters in all phases and facets under international law. The Journal welcomes submissions in the areas of international humanitarian law, international human rights law, international refugee law and international law relating to disaster response. In addition, other areas of law can be identified including, but not limited to the norms regulating the prevention of humanitarian emergency situations, the law concerning internally displaced persons, arms control and disarmament law, legal issues relating to human security, and the implementation and enforcement of humanitarian norms. The Journal´s objective is to further the understanding of these legal areas in their own right as well as in their interplay. The Journal encourages writing beyond the theoretical level taking into account the practical implications from the perspective of those who are or may be affected by humanitarian emergency situations. The Journal aims at and seeks the perspective of academics, government and organisation officials, military lawyers, practitioners working in the humanitarian (legal) field, as well as students and other individuals interested therein.