Description
The Slave Trade, Abolition and the Long History of International Criminal Law
The Recaptive and the Victim
Author: Haslam Emily
Language: EnglishSubjects for The Slave Trade, Abolition and the Long History of...:
Keywords
El Almirante; Perpetrator Figure; Legal History; Abolition; Re-captive; International Criminal Law; Transitional Justice; Naval History; Ship Owners; recaptives' rights; Sierra Leone Company; slave abolition; International Criminal Law; international criminal legal history; Vice Admiralty Court; victims' rights; Mixed Commission; slave trade; Brazilian Governments; International Criminal; Slave Trade Abolition; Liberated Africans; Transatlantic Slave Trade; Piracy Analogy; Modern International Criminal Law; Prize Crews; Slave Ships; King’s Advocate; Brazilian Ship; International Institutional Justice; International Criminal Justice; Foreign Slave Trade; Mixed Commissioners; Victim Participation; Additional Convention
Publication date: 06-2021
· 15.6x23.4 cm · Paperback
Publication date: 10-2019
· 15.6x23.4 cm · Hardback
Description
/li>Contents
/li>Readership
/li>Biography
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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.
1 Rethinking International Criminal Legal History;
2 Where It All Began: Prize;
3 The Piracy Analogy and the Slave Trade;
4 Mixed Commissions and the Expansion of Intervention;
5 After Seizure: The Hazards of Recaptivity;
6 Prize, Property and the Economies of Slave Trade Repression;
7 Back to the Present: Recaptives, Victims and Creditors;
8 Conclusion;
Dr Emily Haslam is a Senior Lecturer in International Law at Kent Law School. Her research interests lie in the field of international criminal law, international legal history and civil society. She has extensive experience teaching international law, international criminal law and transnational criminal law.