Published February 6, 2026 | Version v1
Journal article Open

Empire Without Accountability: Why Colonial Atrocities Still Go Unpunished

Authors/Creators

  • 1. SOAS University Of London

Description

This article examines the persistent lack of accountability for colonial-era atrocities, arguing that such impunity is not a historical oversight but a product of deliberate legal and political design. Using India's colonial experience such as the Jallianwala Bagh massacre, the Sedition Law, and the Criminal Tribes Act as a central case, it explores how colonial violence was legalised, shielded, and often celebrated. The analysis extends globally to the Mau Mau rebellion in Kenya and the Herero-Nama genocide in Namibia, highlighting how international law has historically excluded colonial crimes through mechanisms like the war-nexus limitation and state immunity. The article concludes by advocating for structural reforms, including repeal of colonial laws, reparative justice, and legal recognition of colonial atrocities, as essential steps toward a more equitable global legal order.

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