The treason trials after 1945 were shaped by Norway’s particular experience of German occupation. The central importance of Nasjonal Samling to German Nazification efforts in Norway meant that those planning for a post-war reckoning soon focused their attention on how to criminalise the actions of party members. This chapter outlines the course of the Norwegian occupation, including the manifold actions on the part of Norwegian citizens that would later give rise to punishment. It details how the exile government in London and the resistance forces in Norway jointly prepared the legal groundwork for the post-war reckoning. In doing so, this chapter highlights the reasoning behind the introduction of the extraordinary legal provisions that would both determine the course of the trials and cause significant controversy after the war.

This chapter assesses the legal foundations that supported the shift away from militarized constitutions after 1945 and argues that constitution making in different imperial domains (metropolitan and colonial) had crucial significance in this regard. On one hand, it shows how military constitutionalism persisted in many regions after World War II. Yet it explains how after 1945 some constitutions were built on premises that combined national law and international law (human rights law and humanitarian law), and these norms were galvanized to form a more reliable basis for democratic constitutionalism. The chapter proposes a theory of world law to explain this, stating that democracy was consolidated after 1945 as governments conferred more secure legal form on rights first obtained through military bargains. This was achieved through the use of international law to separate constitutional rights from militarism. The chapter examines cases in Germany, Japan, Kenya, Algeria and South Africa to identify these processes. It also discusses other cases, especially in post-1958 South America, where these processes were not effected.

We review the emergence of the West Line hub that has processed most of Israel’s e-waste for over two decades against the background of the global phenomena of e-waste policies and hubs often characterised as simply dumping grounds at the receiving end of flows of contaminating processes and materials to less regulated settings (the Pollution Haven Hypothesis, PHH). Its emergence was facilitated by factors common to the occupied West Bank as a whole (de-development, lower labor costs, dominance of the informal sector, a porous border and spatial fragmentation), and others especially important in the West Line area. These include the disruption of work opportunities in Israel alongside a rise in the amounts and value of e-waste; proximity to Israeli urban centers and distance from Palestinian ones; the historical presence of a scrap trade; a population comprised of a handful of extended families facilitating trust-based economies, on the one hand, while overcoming stigma and opposition on the other; and availability of areas of governance vacuum allowing dumping and burning. The PHH’s crudely global account of e-waste hub emergence must be refined to include the context-specific presence and operation of hubs as forceful economic agents, not simply passive recipients of waste dumping.

Haitian writers produced a broad array of compelling texts during the nineteen years their country was under direct US rule. Today, it has become commonplace to identify Haitian literary production during that time as one of resistance. However, Haiti’s occupation-era literature is incredibly diverse. Many works from the period do not engage with the occupation at all, focusing instead on historical events, domestic dramas, or romance. In addition to thematic diversity, texts of this period reflect a variety of genres and forms. Some poets chose to experiment formally whereas others chose to create within the confines of fixed forms such as sonnets. Essayists displayed diverse ideological and political positions. This chapter offers a brief overview of Haitian literary works published during the US occupation of the country, from 1915 to 1934.

This chapter provides the historical background necessary to understand the book’s empirical analysis. It discusses the political decisions that led to the displacement of Germans and Poles at the end of WWII and challenges the assumption that uprooted communities were internally homogeneous. It then zooms in on the process of uprooting and resettlement and introduces data on the size and heterogeneity of the migrant population in postwar Poland and West Germany.

How the law defines and protects all those persons who are not designated as combatants or POWs – civilians – forms the focus of Chapter 6. It examines how the law protects civilians generally in armed conflict, and in particular ‘protected persons’ – those who find themselves in the hands of an adverse power as enemy aliens or in situations of belligerent occupation. Chapter 6 examines the rules that Occupying Powers must observe when, in international armed conflicts, they find themselves in temporary possession of territory that belongs to another sovereign State. The phenomenon of long-term occupation is also examined, as is the law regulating the treatment of civilians in non-international armed conflict.

This chapter discusses the development and application of international humanitarian law (IHL) and its interrelationship with human rights law. It further examines this special relationship, which is of particular importance for the protection of civilians, especially where the applicability of IHL is contested or where IHL constitutes an exception to certain rights, such as the right to life, or fails to prevent and/or provide effective remedies for violations. The chapter seeks to identify the scope of application of IHL and demonstrate the degree to which the two can be reconciled. Moreover, a special case is made for the law applicable in situations of military occupation whereby human rights are subordinate to IHL. Despite this subordination, in practice because international human rights tribunals are not mandated to apply humanitarian law they necessarily interpret and enforce the rights of the victims on the basis of the rights found in their respective statutes. As a result, the jurisprudence of human rights tribunals is not always consistent with IHL. Yet, such tribunals are hard pressed to accept jurisdiction over situations which would otherwise be resolved on the basis of IHL alone. This chapter therefore goes on to discuss the exercise of extraterritorial jurisdiction by human rights tribunals.

The book is bought to a close by the invasion and occupation of Poland, the radical inner colonization of the Warthegau, ethnic cleansing of Poles, the simultaneous ghettoization of Jews, Lebensraum and the conquest of Eastern Europe, Christaller and his organizational plans for the conquered East, Zamosc, the Holocaust, and the post-war legacy. Posen and West Prussia were cleared of Germans and Poland successfully inner colonized this space. The Junker estates of East Germany were broken up. West Germany accepted 8 million expellees from Eastern Europe and, in their final act, the inner colonizers helped settle many of them on farms.

This chapter describes the Tokugawa status order and its change over time by highlighting its constituent groups and their status-mediating functions. The Tokugawa state relied on locally specific status groups to govern the population. These groups were defined by land and occupation and possessed a high degree of autonomy in regulating their own affairs. The chapter characterizes the most common types of groups – retainer bands, villages, block associations (chō), monastic communities, guilds, and outcaste associations – and explains how status was assigned, expressed, and negotiated between the state and these groups, drawing on notions of occupation, privilege, duty, and household as well as on a system of household registration. The chapter surveys the development of the status order in three stages: the formative period of pacification in the sixteenth and seventeenth century; its maturation under Tokugawa rule; and the conditions and process of its dismantling around the Meiji Restoration of 1868.

While much of the literature on nationalism focuses on the formation or construction of national identities and nation-states, the story does not end with the creation of a polity claiming to embody a nation’s identity. Conceptions of nationhood continue to be contested and to change over time within the framework of national sovereignty, even as the breadth and depth of popular attachment to, and identification with, the nation-state wax and wane under changing conditions. This is just as true of long-established nation-states as it is of recently formed ones. Terminological usage may obscure this, insofar as nationalism is commonly used to describe movements or efforts directed at gaining a people’s independence or asserting its purported rights to contested territory or resources. Loyalty to a long-established country is more often referred to as patriotism – and by virtue of being consigned to this category, has been subject to less thorough analytical scrutiny in the theoretical and comparative literature on nationalism.

This chapter discusses how states ought to behave in tiems of armed conflict, highlighting the role of such mechanisms as proportionality and military necessity