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Journal ArticleDOI

Lawless Wars of Empire? The International Law of War in the Philippines, 1898–1903

01 Aug 2018-Law and History Review (Cambridge University Press)-Vol. 36, Iss: 3, pp 511-550
TL;DR: In a letter to his colleagues, Major C.J. Crane reflected on the recent Philippine-American War as discussed by the authors and argued that the United States had been too generous in its treatment of the Filipinos.
Abstract: Writing for his fellow military officers in early 1903, United States Army Major C.J. Crane reflected on the recent Philippine–American War. The bloody struggle to suppress an insurgency in the Philippines after the United States had annexed them from Spain in 1899 had officially concluded the previous July. The war had been accompanied by fierce racist sentiments among Americans, and in keeping with these, Crane described his foes as “the most treacherous people in the world.” But Crane's discussion drew as much on concepts of law as it did on race. The average American officer, Crane argued, had “remembered all the time that he was struggling with an enemy who was not entitled to the privileges usually granted prisoners of war,” and could be summarily executed, without benefit of “court-martial or other regular tribunal.” If anything, the Americans had been too generous. “Many [American] participants in the struggle,” he maintained, “have failed to fully understand that we were practically fighting an Asiatic nation in arms and almost every man a soldier in disguise and a violator” of the laws of war. But what did those laws mean to the United States during the conflict, and what does this indicate about the broader history of international law's relationship to empire?
Citations
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Journal ArticleDOI
TL;DR: Miller as mentioned in this paper examines the roles of key actors-the generals and presidents, the soldiers and senators-in America's colonial adventure, and how it challenged America's sense of innocence.
Abstract: American acquisition of the Philippines and Filipino resistance to it became a focal point for debate on American imperialism. In a lively narrative, Miller tells the story of the war and how it challenged America's sense of innocence. He examines the roles of key actors-the generals and presidents, the soldiers and senators-in America's colonial adventure. \"The most thorough, balanced, and well-written study to date of America's imperial adventure in the western Pacific and the most persuasive analysis of the varied reactions of the American people to the military subjugation of the Filipinos...[Told] with clarity, wit and a talent for the apt quotation.\"-Richard E. Welch, Jr., The New York Times Book Review \"A triumph of research, synthesis and storytelling, this is the wisest book on its subject and, implicitly, a significant cultural critique of the United States at the turn of the century.\"-Peter Stanley, Asia \"The author's balanced summary of the historiography of imperialism and the epilogue, which considers the Philippine/Vietnam analogy, are valuable features of the work...Should remain the definitive account of these events.\" -Library Journal \"Written with clarity and argued with passion from a wealth of primary sources.\"-Jack C. Lane, The Journal of American History

27 citations

Posted Content
TL;DR: Although both constitutional and statutory authority is invoked by the conduct of military commission trials, these tribunals are fundamentally common law institutions as mentioned in this paper, and proper understanding of historical precedent is essential to the validity of any common law trial, and in the case of military commissions is also key to interpreting applicable constitutional and federal mandates.
Abstract: Although both constitutional and statutory authority is invoked by the conduct of military commission trials, these tribunals are fundamentally common law institutions. Proper understanding of historical precedent is essential to the validity of any common law trial, and in the case of military commissions is also key to interpreting applicable constitutional and statutory mandates. Despite this, current historical knowledge about the commissions is both limited in scope and plagued with common misconceptions; even government participants routinely cite a trial that never happened as a precedent. The original Anglo-American understanding was that only the legislature could establish the personal jurisdiction of military trials. The military commission, the common law counterpart to the statutory court-martial, was not created until 1847, and was based closely on the procedural mandates and due process protections accorded by courts-martial. This commonality was maintained through thousands of cases in the Civil War and Philippine Insurrection, and the senior judge advocate in the Philippines actually drafted the modern statutory language. Departures from court-martial practice developed during World War II, but do not necessarily constitute valid grounds for continuing to do so today, particularly in light of the significant developments in both international and U.S. military law since that era. The constitutional authority invoked by U.S. trials for law of war violations is committed to Congress, so modern claims of significant executive authority in this field are misplaced, and courts should continue to hear and resolve challenges to commission jurisdiction and procedure.

8 citations

Posted Content
TL;DR: The authors argues that war has shaped American lawyers professionally as well as personally, and that lawyers have in turn shaped the American way of war, arguing that lawyers as an occupational group have been uniquely prominent in American history as invaders, battlefield commanders and soldiers, militia leaders, armed revolutionaries, filibusters, rebels, paramilitary intelligence agents, proponents of militarism, and civilian war managers.
Abstract: American lawyers like to celebrate themselves as practitioners of peaceful dispute resolution On public and professional occasions they proudly proclaim their loyalty to the rule of law over brute force From the very beginnings of colonization, however, lawyers in America have been primary wagers of war Leaving aside for the moment professional soldiers who only proliferated in significant numbers in the late 19th century, lawyers as an occupational group have been uniquely prominent in American history as invaders, battlefield commanders and soldiers, militia leaders, armed revolutionaries, filibusters, rebels, paramilitary intelligence agents, proponents of militarism, and civilian war managers Over the course of four centuries, American lawyers have enthusiastically organized war, led war, and fought war This article argues that war has shaped American lawyers professionally as well as personally, and that lawyers have in turn shaped the American way of war

2 citations

References
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Book
Antony Anghie1
01 Jan 2005
TL;DR: In this paper, the authors discuss the colonial origins of international law and the legacies of the mandate system: toward the present and conclude that the post-colonization and post-colonial state are the peripheries of the universal international law.
Abstract: Acknowledgements Table of cases Table of treaties Introduction 1. Francisco de Vitoria and the colonial origins of international law (i) Introduction (ii) Vitoria and the problem of universal law (iii) War, sovereignty and the transformation of the Indian (iv) Conclusion 2. Finding the peripheries: colonialism in nineteenth-century international law (i) Introduction (ii) Elements of positivist jurisprudence (iii) Defining and excluding the uncivilized (iv) Native personality and managing the colonial encounter (v) Reconceptualizing sovereignty 3. Colonialism and the birth of international institutions: the mandate of the League of Nations (i) Introduction (ii) Creation of the mandate system (iii) The league of nations and the new international law (iv) The mandate system and colonial problems (v) The mandate system and the construction of the non-European state (vi) Government, sovereignty, and economy (vii) The mandate and the discussion of sovereignty (viii) The legacies of the mandate system: toward the present (ix) Conclusion 4. Sovereignty and the post-colonial state (i) Introduction (ii) Decolonization and the universality of international law (iii) Development, nationalism and the post-colonial state (iv) Development and the reform of international law (v) Permanent sovereignty over natural resource and the new international economic order (vi) The 1962 resolution on PSNR (vii) The 1974 charter of rights and duties among states (viii) Colonialism and the emergence of transnational law (ix) Sources of law and international contracts (x) Overview and conclusions 5. Governance and globalization, civilization and commerce (i) Introduction (ii) Good governance and the third world (iii) Governance, human rights and the universal (iv) International financial institutions, human rights and good governance (v) International financial institutions and the mandate system (vi) Conclusions and overview 6. On making war on the terrorists: imperialism as self-defense (i) Introduction (ii) The war against terrorism (WAT) (iii) The United States and imperial democracy (iv) Historical origins: war, conquest and self-defense (v) Terrorism and the United Nations: a Victorian moment (vi) Terrorism, self-defense and third world sovereignty Conclusion.

864 citations

Book
24 Dec 2001
TL;DR: The legal conscience of the civilized world has been identified as a gift of civilization as mentioned in this paper, and international law as a philosophy: Germany 1871-1933 4. International law as sociology: French'solidarism'1871-1950 5. Lauterpacht: the Victorian tradition in international law 6. Out of Europe: Carl Schmitt, Hans Morgenthau and the turn to 'international relations'
Abstract: Introduction 1. 'The legal conscience of the civilized world' 2. Sovereignty: a gift of civilization 3. International law as philosophy: Germany 1871-1933 4. International law as sociology: French 'solidarism' 1871-1950 5. Lauterpacht: the Victorian tradition in international law 6. Out of Europe: Carl Schmitt, Hans Morgenthau and the turn to 'international relations' Epilogue.

666 citations

Book
01 Jan 1984
TL;DR: The first part of this book examines these events from a European perspective and the second part looks at the cultural humiliation, dislocation, and accommodation that non-European countries experienced as they struggled, or were forced, to make the European standard of 'civilization' their own.
Abstract: PrefaceWe all know something about what a standard of 'civilization' is and how it functions.Anyone who has tried to join a club, a college, or a society of some kind understands that certain standards (the requirements of which are not necessarily explicit) distinguish between those who will be invited to become members from those who will not. An international standard of 'civilization' is inevitably appealed to when embassy officials are taken hostage; when unarmed commercial airliners are shot down ; when human rights are systematically violated; or when international sensibilities are otherwise outraged. Pointed criticisms such as 'It was a barbarous act by an uncivilized country', or 'It is a crime against the international society of civilized states', are more than moralistic eye-wash: no country wants to be ostracized as 'uncivilized'. Even those countries most intent on pursuing their individual interests recognize the need for, and thereby usually acquiesce to some degree in, certain collective standards of international conduct.The possibility of enforcing international norms globally became a reality for the first time during the nineteenth century as the European international system expanded. However, the imposition of Europe's standard of 'civilization' on the non-European world precipitated a confrontation of cultural systems as fundamentally irreconcilable standards of 'civilization' clashed with each other.The first part of this book examines these events from the European perspective. The second part of this book looks at the cultural humiliation, dislocation, and accommodation that non-European countries experienced as they struggled, or were forced, to make the European standard of 'civilization' their own. Both sections of this book also consider the extent to which universal standards have, as part of a greater global transformation toward modernity, emerged to transcend the political and cultural diversity that characterized the international society in the past.As much as possible, this book portrays the evolution of the standard of 'civilization' through the words, thoughts, and 'unspoken assumptions' of those who wrestled with the natures of their own and foreign civilizations according to the cultural perceptions of their own times. As T. S. Eliot noted in 'Tradition and the Individual Talent', it is easy to criticize those of an earlier age for what they did not know or could not see. Yet, what we know or see now benefits from the trials and errors of those being criticized. Future ages will no doubt look back on our efforts to conduct and understand international affairs with the same advantage of hindsight.This is a book as much about the future of international society as about its past. Indeed, different cultural traditions as well as different political ideologies, vying with each other in a struggle for power in our day, have again made cultural standards and norms a sensitive issue. No country willingly submits to what it considers to be cultural imperialism; nor does any country passively accept accusations that it is perpetrating cultural imperialism. Both, then, for developing and for developed countries, the dilemmas of intercultural competition and coexistence become increasingly real and pressing. And, in a modern context, the conundrum remains: How can international standards and norms be delineated, promulgated, and enforced without infringing on legitimate cultural sovereignty? ,

408 citations

Book
01 Mar 2002
TL;DR: In this article, Max Boot re-examines the tragedy of Vietnam through a "small war" prism and concludes with a devastating critique of the Powell Doctrine and a convincing argument that the armed forces must reorient themselves to better handle small-war missions, because such clashes are an inevitable result of America's far-flung imperial responsibilities.
Abstract: America's "small wars," "imperial wars," or, as the Pentagon now terms them, "low-intensity conflicts," have played an essential but little-appreciated role in its growth as a world power. Beginning with Jefferson's expedition against the Barbary Pirates, Max Boot tells the exciting stories of our sometimes minor but often bloody landings in Samoa, the Philippines, China, Haiti, the Dominican Republic, Nicaragua, Mexico, Russia, and elsewhere. Along the way he sketches colorful portraits of little-known military heroes such as Stephen Decatur, "Fighting Fred" Funston, and Smedley Butler. From 1800 to the present day, such undeclared wars have made up the vast majority of our military engagements. Yet the military has often resisted preparing itself for small wars, preferring instead to train for big conflicts that seldom come. Boot re-examines the tragedy of Vietnam through a "small war" prism. He concludes with a devastating critique of the Powell Doctrine and a convincing argument that the armed forces must reorient themselves to better handle small-war missions, because such clashes are an inevitable result of America's far-flung imperial responsibilities.

333 citations

Book
13 Sep 2012
TL;DR: Mark Mazower's Governing the world as mentioned in this paper explores the current era of international life as Western dominance wanes and a new global balance of powers emerges, from the rubble of the Napoleonic empire in the nineteenth century through the birth of the League of Nations and the United Nations in the twentieth century to the dominance of global finance at the turn of the millennium.
Abstract: A majestic narrative reckoning with the forces that have shaped the nature and destiny of the world's governing institutions The story of global cooperation is a tale of dreamers goading us to find common cause in remedying humanity's worst problems. But international institutions are also tools for the powers that be to advance their own interests. Mark Mazower's Governing the World tells the epic, two-hundred-year story of that inevitable tension-the unstable and often surprising alchemy between ideas and power. From the rubble of the Napoleonic empire in the nineteenth century through the birth of the League of Nations and the United Nations in the twentieth century to the dominance of global finance at the turn of the millennium, Mazower masterfully explores the current era of international life as Western dominance wanes and a new global balance of powers emerges.

301 citations