International Criminal Justice and Extraordinary State Crimes: The Case of the British Indian Ocean Territory

• In Event: Terrorism and/as State Crime

Abstract

The development of the international criminal justice system was a recognition that state sovereignty needed to be limited. The system was dedicated particularly to dealing with powerful actors and the most serious crimes of international concern. This paper explores the effectiveness of the international criminal justice system in dealing with extraordinary state crimes. To do this, the study analyses the forced eviction of Chagossians from Diego Garcia, in the Chagos archipelago, also known as the British Indian Ocean Territory. This content analysis of legal and historical documents explores the extent of the secret conspiracy between the United Kingdom and the United States to depopulate Diego Garcia. The paper begins by explaining the international legal definition of forced eviction and the various manifestations of the crime. The case of Diego Garcia is presented in its post-colonial context focusing on some key factors that enabled the crime to occur. The paper concludes with an enumeration of how capture and manipulation of international law by state actors and the impunity of the key actors in the face of domestic and international court cases has inhibited the effectiveness of the international criminal justice system.

Author

• Anamika Twyman-Ghoshal, Stonehill College