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Book part
Publication date: 9 August 2022

Carla Larouco Gomes

Despite the apparent philanthropic concerns of the new imperialism and the rhetoric of the civilising mission, the Second Boer War (1899–1902) revealed British irrational…

Abstract

Despite the apparent philanthropic concerns of the new imperialism and the rhetoric of the civilising mission, the Second Boer War (1899–1902) revealed British irrational ambition, military reverses, scandals and evidence of inadequate administration. In this context, the South African concentration camps where the Boers, mostly women and children whose houses and farms had been destroyed by the British forces, were concentrated, stand out as examples of a seemingly arbitrary power. The controversies over such camps, and over the War itself, were heightened after Emily Hobhouse's Report was made public. Emily Hobhouse, an active humanitarian, obtained permission to visit the camps in order to write a report on the living conditions there. Upon returning to England, she had a meeting with Campbell-Bannerman, the leader of the Liberal Party, who eventually denounced the methods of barbarism carried out in such places. The Report appeared soon after the meeting and waves of protest ensued. Both Emily Hobhouse and Campbell-Bannerman were under crossfire.

My intention in this paper is, firstly, to briefly address the social, political and economic context underlying British imperial expansion and struggle for space at the turn of the nineteenth century, as far as controversies over the Boer War are concerned; secondly, to study the characteristics and living conditions in South African ‘concentration camps’ relying, to a great extent, on Emily Hobhouse's account; and thirdly, to analyse the social and political impact of the denunciation of such camps as places of wholesale cruelty in Hobhouse's (in) famous Report.

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Moving Spaces and Places
Type: Book
ISBN: 978-1-80071-226-3

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Book part
Publication date: 18 November 2020

Diana Rodriguez-Spahia and Rosemary Barberet

Cities have long been of interest to international development as well as to criminology. Historically, criminology as a social science emerged as a response to urbanisation and…

Abstract

Cities have long been of interest to international development as well as to criminology. Historically, criminology as a social science emerged as a response to urbanisation and the new opportunities created by cities for criminal activity and victimisation. Thus, Sustainable Development Goal 11 (SDG 11), which ‘aims to make cities and human settlements inclusive, safe, resilient and sustainable’, is ripe for criminological input and analysis. SDG 11 tackles housing and basic services, transport systems, urban planning, cultural and natural heritage, disaster prevention, environmental impact, and safe, inclusive, and accessible green and public spaces. There has been ample criminological research on crime and victimisation in various types of human settlements, on transport systems, on the looting and trafficking of cultural heritage, on crimes associated with natural disasters and on the importance of public leisure areas for crime prevention. Yet many of the above goals, as well as the recommendations emerging from these bodies of research, conflict with each other, and must be problematised in their aim to be inclusive of all. Women and children, the elderly and persons with disabilities are usually the reference groups for inclusion, but globally, there are many other groups, including racial and ethnic minorities, indigenous communities, and LGBTQI individuals that are commonly excluded. The chapter will analyse SDG 11 against the evidence base of urban criminology as well as the challenges for inclusion, given diversity both within-country as well as globally.

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The Emerald Handbook of Crime, Justice and Sustainable Development
Type: Book
ISBN: 978-1-78769-355-5

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Book part
Publication date: 4 April 2017

Helen M. Kinsella

During the four years of preliminary meetings that led to the 1977 Protocols Additional I and II governing internal armed conflict, the prohibitions against superfluous injury and…

Abstract

During the four years of preliminary meetings that led to the 1977 Protocols Additional I and II governing internal armed conflict, the prohibitions against superfluous injury and unnecessary suffering – two concepts that gird the regulation and moderation of war and limit the use of certain means and methods of warfare – were invoked as a means of calling into account the actions of imperial states. These meetings took place in the context of the conflicts in Southeast Asia, following the wars of decolonization and national liberation in the 1950s and 1960s. The participants in these meetings were freedom fighters and liberation movements who used this forum, which was open to them for the first time, to push for a wider understanding of the concepts of superfluous injury and unnecessary suffering. Their intention was to hold imperialism and imperial states accountable for suffering and injury beyond that of physical death or wounding and to recognize the violence of colonization and the social and cultural devastation it brought. These interventions were a critical attempt to broaden and deepen the meaning of the laws of war, to make them responsive to more than established sovereign state violence, and to ensure that they reflected the experience of colonization/decolonization. This episode matters because the prohibitions against unnecessary suffering and superfluous injury are two elements that detail the general prohibition first codified in 1907 Hague Convention IV, Article 22, namely that the “the right of belligerents to adopt means of injuring the enemy is not unlimited.” However, the history and formulation of these two concepts has yet to be fully explored, the meaning of each is debated, and taken together the two are among “the most unclear and controversial rules of warfare.”

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International Origins of Social and Political Theory
Type: Book
ISBN: 978-1-78714-267-1

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Book part
Publication date: 7 May 2015

Maren Heidemann

In this chapter, the author offers a horizontal comparison of interpretation standards contained in international legal instruments of different origin. These legal instruments…

Abstract

In this chapter, the author offers a horizontal comparison of interpretation standards contained in international legal instruments of different origin. These legal instruments range from international treaties to model laws. They also originate from different law makers such as the United Nations or individual states as well as trade or academic organisations, mainly regulating civil and commercial matters. The author argues that this comparison can provide the basis for the development of a uniform standard in the application of such law, which is often referred to as uniform law because it provides a single source of law to regulate a multitude of situations spanning across national boundaries. The main point of reference is the 1969 Vienna Convention on the Law of Treaties, also known as the VCLT. This UN treaty specifically provides a general interpretation standard. From there newer standards occurring in subsequent uniform laws can be integrated using the lex specialis doctrine. This, in turn, provides opportunities for comprehensive usable methods to be developed for uniform law both in a public and private law settings. These then facilitate transparency, fairness and reasonableness. The correct identification of object and purposes of any given instrument is crucial for the successful interpretation of its content. It is this point that needs further research, and this chapter offers a starting point by providing some detailed examples from a range of uniform laws of varying nature including international sales laws, arbitration laws and Double Taxation Conventions.

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Comparative Sciences: Interdisciplinary Approaches
Type: Book
ISBN: 978-1-78350-456-5

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Book part
Publication date: 15 October 2013

Caterine Arrabal Ward

I intend to provide an understanding of the possibilities that exist for the judgment of wartime rape at the international, domestic and in-between levels.

Abstract

Purpose

I intend to provide an understanding of the possibilities that exist for the judgment of wartime rape at the international, domestic and in-between levels.

Design/methodology/approach

What is required is an examination of prosecutions and judgments of the ICTY (International Criminal Tribunal for the former Yugoslavia), the ICTR (International Criminal Tribunal for Rwanda), the SCSL (Special Court for Sierra Leone) and the ICC (International Criminal Court). I employ an international law and gender studies approach.

Findings

To count as a crime against humanity, war rape must have been committed as part of a widespread attack on a civilian population. This reflects the idea that war rape is not based solely in the violation of a woman’s body. The problem is that war rapes occur absent the explicit purpose to destroy a community. This chapter provides insight to the historical background of wartime rape to scholars, feminist legal theorists, sociologists, NGOs and lawyers.

Originality/value

By alerting us to the fact that the international community appears to elevate violations of groups or communities over the violation of individual women during conflict, the chapter suggests that the human rights of women may not be fully protected.

Details

Gendered Perspectives on Conflict and Violence: Part A
Type: Book
ISBN: 978-1-78350-110-6

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Abstract

Details

Drones and the Law
Type: Book
ISBN: 978-1-80043-249-9

Content available
Book part
Publication date: 4 April 2017

Abstract

Details

International Origins of Social and Political Theory
Type: Book
ISBN: 978-1-78714-267-1

Abstract

Details

Crime and Human Rights
Type: Book
ISBN: 978-0-85724-056-9

Content available
Book part
Publication date: 18 November 2020

Abstract

Details

The Emerald Handbook of Crime, Justice and Sustainable Development
Type: Book
ISBN: 978-1-78769-355-5

Content available
Book part
Publication date: 6 December 2018

Abstract

Details

Ethics and Integrity in Health and Life Sciences Research
Type: Book
ISBN: 978-1-78743-572-8

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