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The Slave Trade, Abolition and the Long History of International Criminal Law - The Recaptive and the Victim (Hardcover)
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The Slave Trade, Abolition and the Long History of International Criminal Law - The Recaptive and the Victim (Hardcover)
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Modern international criminal law typically traces its origins to
the twentieth-century Nuremberg and Tokyo trials, excluding the
slave trade and abolition. Yet, as this book shows, the slave trade
and abolition resound in international criminal law in multiple
ways. Its central focus lies in a close examination of the
often-controversial litigation, in the first part of the nineteenth
century, arising from British efforts to capture slave ships, much
of it before Mixed Commissions. With archival-based research into
this litigation, it explores the legal construction of so-called
'recaptives' (slaves found on board captured slave ships). The book
argues that, notwithstanding its promise of freedom, the law
actually constructed recaptives restrictively. In particular, it
focused on questions of intervention rather than recaptives'
rights. At the same time it shows how a critical reading of the
archive reveals that recaptives contributed to litigation in
important, but hitherto largely unrecognized, ways. The book is,
however, not simply a contribution to the history of international
law. Efforts to deliver justice through international criminal law
continue to face considerable challenges and raise testing
questions about the construction - and alternative construction -
of victims. By inscribing the recaptive in international criminal
legal history, the book offers an original contribution to these
contentious issues and a reflection on critical international
criminal legal history writing and its accompanying methodological
and political choices.
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