9 - Retelling Radha Binod Pal

Summary

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.