The domestic origins of human rights trials: A case study of the Second Boer War

Abstract

ABSTRACTWhat explains decisions taken by states around the world to prosecute members of their own armed forces for human rights violations? The dominant trend in existing literature suggests that a “justice cascade” best explains the growing prevalence of human rights trials. However, while norm diffusion offers some explanatory power in the contemporary era, other mechanisms are necessary to explain many early human rights trials. Through an analysis of one of the first recorded instances of what we now term “human rights trials” — the court-martials of six British Empire officers for the murder of POWs, civilians, and a missionary in the Second Boer War — this article identifies other crucial mechanisms driving prosecutions that retain relevance in the contemporary era. I find that signaling to domestic audiences, both at “home” and in recently conquered territories, can be critical motivators in elite or government decisions to pursue human rights trials.