Conflicts, Wars, and Justice in Conflicts

Abstract

To frame the topic of conflicts, particularly through the historical lens of nation-states, it is essential to consider the historical context of key state formations in the West. From the nineteenth century onward, these formations maintained the power and sovereignty that underpinned Western dominance. Although the traditional Westphalian concept, derived from the Peace of Westphalia (1648), established the notion of nation-states as the primary actors in international law—each with supreme authority over its territory— sovereignty has often been separated from physical territory in practice. Power and authority frequently extend beyond, or fall short of, a state’s geographic boundaries, indicating that sovereignty has increasingly been decoupled from territoriality. In colonial contexts, multiple legal systems and authorities coexisted and often conflicted, creating a fluid and contested landscape of governance. This allowed colonial powers to maneuver between different legal frameworks to maintain control. In these colonies, the suspension of normal legal rules—what is often referred to as a “state of exception”—was more commonly the rule rather than the exception.1