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3 - An Anticolonial Critique of Sovereignty

Radhabinod Pal on War and International Order

from Part I - Activists, Intellectuals, and Movements

Published online by Cambridge University Press:  16 September 2025

Anaheed Al-Hardan
Affiliation:
Howard University
Julian Go
Affiliation:
University of Chicago
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Summary

This chapter explores an anticolonial critique of emerging postwar international jurisprudence particularly as it pertains to war, using the dissenting opinion of Indian jurist Radhabinod Pal during the Tokyo Trials as a case study. Pal’s critique of Allied uses of sovereignty and international law reflected a larger concern with the ongoing legacy of colonialism in the postwar era, with Pal’s concern being that both continuities and discontinuities in international law continued to maintain unequal relations of power that shape the international order. Pal challenged the conclusions of the other judges at the Tokyo Trials by asserting that the world had not yet become an international society that could truly adopt international criminal law in a just sense. While Pal’s approach to sovereignty and international law contains various challenges and is not a simple prescription that could be easily applied, his dynamic and ambitious vision aimed to equalize the world and therefore represents an aspirational anticolonialism that was lost in subsequent generations of Third World lawyering.

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Publisher: Cambridge University Press
Print publication year: 2025

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