After close examination of the Allied campaigns of the SWPA, the importance of the Australian infantry brigade as a key combat formation is without question. An examination of the infantry brigade group (jungle) as an intermediate formation commanding infantry battalions and numerous attached units demonstrates the role of an infantry brigade as crucial to the victories in New Guinea and Borneo. The complex terrain of the SWPA islands, which sometimes constrained and at times isolated the brigades, offered these formations the opportunity to evolve.

The chapter explains the principles of inter-state cooperation in criminal matters in connection with domestic proceedings. It sets out the international legal framework governing criminal law cooperation among states, including multilateral and bilateral agreements of general application and treaties specifically concerning international crimes, most notably the 2023 Ljubljana–The Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes Against Humanity and War Crimes. The chapter sets out the differences between the traditional forms of assistance in criminal matters, which are associated with a higher degree of formality and subject to broader grounds for refusal and, on the other hand, the more advanced forms of cooperation (exemplified by mutual recognition in the European Union context) prioritizing effective enforcement while recognizing limited grounds to refuse requests. The chapter reviews the prerogatives of the requested states to refuse under these models with reference to double criminality, specialty, statutory limitations, ne bis in idem, and human rights concerns. It then takes a closer look at the traditional forms of cooperation and the issues which arise in that context, focusing on extradition, other mutual legal assistance, transfer of criminal proceedings, and enforcement of foreign penalties.

This chapter begins by addressing classic extradition, its historical roots and the key moments in its evolution, notably its permeation by fundamental rights after World War II, which has caused it to shift from a bilateral political arrangement to a ‘triangular’ (Eser) legal procedure where the individual concerned plays an active role. It assesses the main grounds for refusal – such as nationality, political offences and dual criminality –, and the variation into which they have developed within the European Union. The chapter then delves into the European Arrest Warrant, where proceedings have been fully judicialised and grounds for refusal considerably narrowed. The authors examine the question of whether (and to which extent) the European Arrest Warrant and the underlying principle of mutual recognition have brought about a radical change of paradigm, especially in the light of the (welcomed) ruling of the Court of Justice of the European Union in Aranyosi and Căldăraru. The conclusion anticipates the challenges that lie ahead and underscores the key role of the Court of Justice for the preservation of the whole European arrest warrant system.

This chapter examines siege surrender rituals and the obstinate defence of practicable breaches during the Napoleonic Wars, with a particular focus on French obstinacy in the Peninsular War, which triggered the British general storms of Ciudad Rodrigo, Badajoz and San Sebastian. Whereas a century earlier Louis XIV’s fortress governors had surrendered at the point of a practicable breach or beforehand, Napoleon’s now fought on. This chapter explores how this had come to pass, the extent to which eighteenth-century siege surrender conventions were disrupted during the Peninsular War and Napoleonic Wars more generally, and British attitudes and practices towards siege defences taken to the last extremity. On the one hand, French garrison commanders were adhering to Napoleon’s orders to defend practicable breaches, which became the subject of an instructional treatise by Lazare Carnot. On the other hand, this was the culmination of a much broader and long-term evolution in cultures of war and honour codes – that encouraged a cult of obstinacy. The chapter concludes by comparing siege surrender in Spain with siege defences and capitulation throughout other regional theatres of war and campaigns during the Napoleonic Wars.

Over 1953–60 counterinsurgency was optimised, buidling upon the solid foundations of geodemographic control achieved over 1950–2, and of systems optimisation achieved under Templer. Framework operations by units bolted onto localities were continuously refined, as was the use of jungle forts to win over the Orang Asli, and of big combined Special Branch–food control–military operations. Together these sustained an ‘elimination’ rate (kills, surrenders, captures) of about 20 per cent of insurgents a year – that is, until after the MCP attempt to negotiate at Baling in 1955 was rebuffed, and then further negotiation was refused from late 1957. As hope faded insurgent ‘surrenders’ (some induced or duped) snowballed in the face of priority big operations. By now those featured months-long intense controls, each targetting the entire area of one or more MCP committees. That way the MCP would struggle to regenerate afterwards. The collapse of local MCP forces often came as freedoms increased elsewhere, while a big operation clamped down more strongly than ever on the targetted area. In 1958 the MCP decided on a strategy of running down the military campaign, and the Emergency was formally ended on 31 July 1958.

Chapter 14 describes lawful human targets, the first being enemy combatants. Their required characteristics, activities, and locations are covered, followed by exceptions to their lawful targeting: prisoners, those showing intent to surrender, and those incapacitated by wounds. Wrongful use of force investigations are detailed, to impress the fact that violations of an exempt targeting status have consequences within our own armed forces. What legal standard is applied to the shooter when investigating possible unlawful use of force? Lawful civilian targets are considered, as well: when one is targeted he may return fire on civilians in self-defense; and when civilians are directly participating in hostilities (DPH), as is often the case in recent conflicts. Significant space is devoted to explaining what constitutes DPH, as well as to continuous combat function, the higher form of DPH. Targeting of heads of state (e.g., Saddam Hussein, Adolf Hitler, the US president) is covered. Then, is there a duty to capture, rather than wound? To wound, rather than kill? Finally, the politically fraught killings of Iranian General Suliemoni and Anwar al-Aulaqi are examined for LOAC compliance.

The Area of Freedom, Security and Justice (AFSJ) should enable citizens to travel, work and live anywhere in the EU safely and protected by the rule of law. This chapter discusses that claim by highlighting the interaction between free movement and non-discrimination rights of EU citizens on the one hand and specific AFSJ measures on immigration and criminal and civil matters on the other. It shows that the law has not evolved unidirectionally and that the interpretation of the objective of the AFSJ is unpredictable. At times, the law goes in the opposite direction to fostering free movement and is not in line with the fundamental nature of both EU citizenship and free movement rights.

The book ends by asking if there are any policy implications of my theory based on colonial institutions. A likely criticism of my theory is that the structural conditions created by colonialism are persistent and sticky and cannot be changed by the government. I show there are policy implications, for example, if political parties are really committed to land reforms as in Kerala and Karnataka, they can reverse some of the pernicious effects of indirect rule and indirect land tenure. Another possible critique of my theory is whether it can explain recent violence patterns of the Maoist conflict. The level of Maoist violence has declined since 2013-14, and the number of surrenders by Maoist cadres has increased in recent years, but low-level violence and attacks against security forces continue. The Maoist insurgency falls into the pattern of low-intensity but persistent insurgencies like the Kashmir and northeast insurgencies in India. While my theory based on colonial legacies is supposed to explain only the initial spatial variation of insurgency, and not its expansion and patterns of violence, it allows us to explain persistence and historical recurrence of conflict.

The Prosecutor begins by identifying situations for ‘preliminary examination’. A list of countries being considered for publication is published on the website of the Court. The Prosecutor reports annually to the Assembly of States Parties on the situations being considered at the preliminary examination stage. After deciding to proceed with an investigation, the Prosecutor applies for warrants of arrest or summonses to appear. When the accused appears before the Court, it may decide to allow interim release although detention during the proceedings appears to be the general rule. The case will not proceed for trial in the absence of the accused. The Pre-Trial Chamber must confirm the charges, following a hearing. The Pre-Trial Chamber also oversees the preparation of the case for trial, including disclosure of prosecution evidence to the defence.

This chapter covers events in Europe from the summer of 1944 to the end of the war. Four invasions carried out on mainland Europe penetrate the outer defensive perimeter of the Third Reich: (1) the landing in Normandy in June, followed by the pursuit of the enemy to the western borders of the Reich; (2) the August 1944 invasion of southern France; (3) the offensive in Belarus in late June, Operation BAGRATION, followed by the retreat of the shattered Wehrmacht across the Baltic region and eastern Poland; (4) south of the Carpathian Mountains the Red Army advance across Hungary. The surrounded Nazi regime refuses to consider surrender and embarks on a policy of Total War. The December 1944 attempt by the Wehrmacht to mount counter-attacks, most famously the Ardennes offensive (the Battle of the Bulge). The Allies, meanwhile hold high-level conferences at Tehran and Yalta to discuss future strategy and post-war arrangements. The final defeat of Germany in five concentric campaigns: (1) western Poland and northeastern Germany; (2) the Rhineland; (3) western Germany and Bavaria; (4) Austria; and (5) the final battle for Berlin. The suicide of Hitler and the German surrender.

No sooner had the barrage lifted from the Australian trenches on the night of 5 May 1916 than two German raiding parties entered the shattered remnants of the Bridoux Salient and began searching through the smoke and debris for underground mining galleries. They picked their way through the tangle of sandbags and smashed timber, lobbing grenades into makeshift shelters where the surviving Australian garrison sought refuge. Three grenades were lobbed into a dugout and exploded, after which five stunned and terrified figures emerged with hands raised above their heads. After eight minutes, three sharp whistle blasts signalled the raiders to return across No Man’s Land. With them went two 3-inch Stokes mortars and eleven men of the 20th Battalion, who had the misfortune of being the first Australian soldiers taken prisoner by German forces on the Western Front.

Not all captured Australians survived the tumult of battle. After the 7th Brigade’s failed attack on the Windmill at Pozières on 28 July 1916, a German officer approached an Australian Lewis gunner nursing a bullet wound to his leg. ‘You are the Machine Gunner?’ asked the officer. ‘Yes, sir,’ the man replied. Without hesitation, the officer drew his automatic pistol and shot the man through the heart and the head, killing him instantly. ‘That’s the way to deal with English swine.’

Towards the end of Somme Mud, Edward Lynch’s fictionalised memoir of fighting on the Western Front, the book’s protagonist, Nulla, encounters a group of British and French soldiers who had spent the previous three years as prisoners of war. Among them is a ‘tall, gaunt figure’ who sways up to Nulla and introduces himself as an Australian who ‘got knocked’ and was taken prisoner at Fleurbaix in July 1916. ‘Can you spare a couple of tins of bully beef?’ he asks. Nulla looks pitifully on the ‘poor, half-starved wretches. All dirty yellow skin, hollow cheeks and sunken, hopeless eyes.’ He gives food and cigarettes to these ‘scarecrows on legs’ that clutch with ‘long, claw-like, grasping fingers that shake’. Nulla was appalled. ‘How we pity these poor beggars! How we thank our lucky stars we escaped the ordeal of being prisoners of war. We look upon [these] fellow men reduced to skin-clad skeletons and are sickened.’