Retelling Radha Binod Pal: The outsider and the native

Sen, Rohini and Raman, Rashmi (2020) Retelling Radha Binod Pal: The outsider and the native. In: The dawn of a discipline: International criminal justice and its early exponents. Cambridge University Press, Cambridge, pp. 230-259. ISBN 9781108769105

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Radha Binod Pal (1886–1967) was an Indian judge appointed to the international Military Tribunal of the Far East (IMTFE). Sent in as a representative for the British Commonwealth prior to India’s independence, Pal wrote an extensive dissent rejecting the IMTFE as an intrument of victor’s justice. This chapter is divided into five parts and examines the significance of Radha Binod Pal and his dissent to the history and continuity of colonial hegemony in international criminal law and its institutions. The first part articulates the relevance of revisiting Pal’s dissent at this time. The second looks at Pal’s early years and his encounter with international law before and after the dissent. The third locates Pal in the historical-social context of colonial India. In part four, we look at the dissenting judgment, particularly his use of law as a technique despite the absence of any formal Western training in international law. This part also tries to respond to some of the critiques of the dissent. We conclude with a sketch of Pal as an ancestral voice in the critique of international criminal justice and as a proto-ideologue of Third World Approaches to International Law.

Item Type: Book Section
Keywords: TWAIL | IMTFE/Tokyo trials | Dissent | Colonial legacies | Radha Binod Pal
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 28 Feb 2022 11:05
Last Modified: 28 Feb 2022 11:06
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