International Law

By Michael van Walt van Praag 

War-displaced ethnic Tamil civilians wait for rations at a resettlement village in Batticaloa, Sri Lanka.

Human beings have waged war or engaged in violent conflict with each other since ancient times, an observation that prompted a Member at the Institute to suggest in the course of a casual conversation that surely it was a waste of time and resources to try to prevent or resolve armed conflicts, since there will always be others.

War, by any name,* does indeed seem to be a permanent feature of human society, as is disease for that matter. We do not consider the efforts of physicians to cure patients or the research that goes into finding cures for illnesses a waste of time, despite this. Both phenomena, armed conflict and disease, change over time as circumstances change and as human beings develop ways to prevent or cure some kinds of ills. A doctor treats a patient for that patient’s sake without necessarily having an impact on the propensity of others to fall ill. Mediators and facilitators seek to help resolve conflicts to bring an end to the suffering of those caught in their violence and destruction. Researchers in both fields hope to contribute in a broader and perhaps more fundamental way to understanding and addressing causes of these human ills and to finding new or improved remedies for them.

By Daniela L. Caglioti 

A memo from the Institute archives explaining the process of reclaiming a camera seized during World War II from Shizuo Kakutani, Member in the School of Mathematics from 1940–42.

­­­­­The security of a nation and the safety of its population versus the protection of constitutional liberties and human rights is a quandary that arose in the aftermath of 9/11, but it is not novel to the twenty-first century. Discrimination between citizens and aliens, ethnicization of citizenship, the use of emergency powers in order to deal with the enemy and bypass the constitution, and the tendency to shift guilt and responsibility from the individual to a collective category (e.g., the Jews, the Muslims, etc.) are practices rooted in the past.

In my research, I have been looking at how governments and armies during World War I began to deal with these issues. The governments of almost all the nations that took part in World War I issued decrees and implemented measures against civilians of enemy nationalities who at the outbreak of the war were within their territory. Persons with ties to an enemy country were presumed to be more loyal to their origins than to the countries in which they worked and lived. German and Austro-Hungarian subjects living in France, Britain, or Russia, and later in all the countries that joined the Allies, and British, French, and Russian citizens who lived in Germany or in the Habsburg Empire, and then in Turkey or Bulgaria, were recast as dangerous, sometimes extremely dangerous, internal enemies.

Individuals with connections to enemy countries were in some cases passing through as tourists, students, or seasonal workers, but in most cases, they had been residents of the country for many years. Some of them were born in the country, some had married a national, others had acquired nationality papers, others were in the process of getting them. Many owned houses, land, or firms and spoke the local language. The outbreak of the war transformed them––independently of their personal story, feelings, ideas, and sense of belonging––into enemy aliens, accused of posing a threat to national security and the survival of each country.