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| Paper Title: | The American Civil War (1861–1865): Its Impact on Slavery, and the Emergence of Slavery Abolition as Jus Cogens in International Law |
| Authors Name: | Siddharth S |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJRTI_203956
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| Published Paper Id: | IJRTI2505221 |
| Published In: | Volume 10 Issue 5, May-2025 |
| DOI: | |
| Abstract: | The American Civil War (1861-1865): Its Impact on Slavery, and the Emergence of Slavery Abolition as Jus Cogens in International Law Introduction The American Civil War (1861–1865) was a revolutionary development in American history that had profound implications for both national and international legal systems. The war brought an end to slavery by virtue of the Emancipation Proclamation (1863) and the ratification of the Thirteenth Amendment (1865), providing a precedent for the protection of human rights. Outside its home country's effects, however, the American Civil War has also been significantly involved in codifying international law against slavery and eventually leading towards its establishment as a jus cogens norm within international law. Jus cogens or peremptory norms refer to base rules of international law from which no derogation can be claimed, and being part of them, slavery represents evidence of its significant influence in diplomatic and juridical history. Slavery itself has long been a widely recognised institution that had been embedded within legal and economic frameworks across various civilisations. However, abolitionist movements by the 19th century began to challenge it, which resulted in the institution declining unevenly but eventually over the globe. Through this research, the author seeks to analyse the manner in which the American Civil War shaped the final determination of the abolition of slavery as a jus cogens norm in international law—a fundamental principle from which no exception is permissible. This study aims to assess the extent to which the American Civil War influenced international treaties, legal norms, and diplomatic relations regarding abolition of slavery. The research will examine historical documents, constitutional provisions, and international agreements to follow the ways in which the abolitionist campaign during the war influenced the international perceptions. The result will add to the broader debate on the historical roots of international human rights law, particularly the evolution of peremptory norms against slavery and forced labour. Research questions The questions of relevance below are the central focus of this research: 1. How did the American Civil War contribute to the national and global abolition of slavery? 2. What role did the Thirteenth Amendment play in creating the benchmark for future global slavery-related legal advancements? 3. How did the war contribute to international law's categorization of slavery as a jus cogens norm? 4. What were the diplomatic implications of the American Civil War for the evolution of international anti-slavery conventions and treaties? 5. How do modern international legal regimes on slavery and forced labour continue to be shaped by the Civil War? Research Gaps There are several gaps in the existing body of knowledge on the subject: ● The American Civil War is primarily researched as an internal conflict, with scant consideration given to how it impacted international human rights norms. ● The impact of the war on international legal systems is not often considered in research on the abolition of slavery as an anticipatory norm. ● There is limited research to associate the ratification of the Thirteenth Amendment with the subsequent establishment of international treaties abolishing slavery. ● The diplomatic implications of the American Civil War in terms of forging abolitionist societies throughout the world are yet unclear. ● This work shall address the gap and provide better insight into how the war impacted international law. Slavery, the Civil War, and the Global Legal Context The status of slavery in the law had been a debated one in global law for a very long time. While British Slavery Abolition Act of 1833 and similar movements in other countries of the European continent had created precedents, the American Civil War presented a strong case of abolition arising out of constitutional and war. As opposed to Britain, whose slavery was brought to an end through legislation and economic change, the United States witnessed a destructive conflict that entailed legal and constitutional change, presenting significant case material on the mechanism whereby legal norms evolve with war. The American Civil War has relevance further than in the United States owing to its role in affecting worldwide legal consciousness concerning human rights, forced labour, and international conventions of slave trade. The outcome of the war helped fuel diplomatic negotiations regarding the protection of human rights and influenced early legal instruments, such as the Brussels Conference Act of 1890, the 1926 Slavery Convention, and later treaties banning forced labour and human trafficking. In the course of time, these legal tools helped shape customary international law, leading to the establishment of abolition of slavery as a peremptory norm (jus cogens) in contemporary international legal thought. Theoretical Significance and Research Justification Fewer studies comparatively have examined the impact of the American Civil War on international law, even though its internal legal impact has been widely researched. The majority of studies are concerned with the impact of the war in the US, including civil rights developments, constitutional reform, and Reconstruction policy. But abolitionist campaigns, international law, and the establishment of human rights safeguards in the 20th century were all affected greatly by the war. Through the analysis of how the war shaped international legal systems that eventually came to categorize slavery as a non-derogable international norm, this research hopes to fill this gap. Secondly, this research incorporates critical legal theory, historical institutionalism, and postcolonial legal studies to explore how international legal norms on slavery developed as a reaction to such past conflicts as the Civil War. This study will scrutinize if abolitionist legal ideas were indeed universal or if they existed to serve mainly the geopolitical agendas of Western powers. Using Third World Approaches to International Law (TWAIL), this research will also explore how the formerly colonized states engaged with and influenced post-Civil War legal principles on slavery and forced labour. Research Design and Methodology The study uses an interdisciplinary methodology, combining intellectual history, critical legal studies, archival research, and comparative legal analysis to analyse how the American Civil War affected the abolition of slavery and its establishment as a jus cogens norm in international law. 1. Textual Analysis The speeches of Lincoln, the Thirteenth Amendment to the US Constitution in 1865, and the Emancipation Proclamation issued in 1863 will be studied as first-hand legal instruments to analyse how abolition was asserted as being both morally and legally necessary. How the prohibition against slavery in international law evolved is to be tracked through analysing international legal treaties and conventions like the 1956 Supplementary Convention and the 1926 Slavery Convention. 2. Doctrinal Analysis The research will investigate legal principles regarding slavery, such as natural law theories, customary international law, and early human rights doctrine, to review their evolution and application. Case studies will cover Reconstruction era United States legislation, the British Slavery Abolition Act (1833), and the Brussels Conference Act of 1890. Court judgments of the ICJ, the European Court of Human Rights, and the ICC will be analysed to discern how the courts enshrined slavery's prohibition in law. 3. Archival Research Historical documents like treaties, diplomatic letters, war records, and parliamentary debates will be analysed to determine the extent to which legal and political rhetoric influenced abolitionist movements. U.S. National Archives, British colonial archives, and UN treaty series will be used to track the war's impact on international legal standards. 4.Comparative Analysis The study will contrast the Civil War's influence on abolition with other movements to note differences in legal approaches and international impact. Case studies will encompass:British abolition of slavery (1833): A legislative model compared to the Civil War's military and constitutional model. A Haitian slave revolt (1791–1804) set legal precedents for freedom. Colonial legal systems: How slavery was controlled and outlawed by European thought. The research will also examine the influence of the movements on anti-slavery conventions and UN treaties. 5. Critical Legal Analysis and Human Rights Applying Third World Approaches to International Law (TWAIL) and critical legal theory, the research will examine how power relations and colonial histories led to the international legal abolition of slavery. TWAIL scholarship will determine whether abolitionist legal structures served Western agendas primarily or indeed promoted human rights. In defining international human rights standards, the research will further investigate how abolitionist regimes following the Civil War engaged with former colonies and newly independent states. This methodology guarantees a thorough, multidisciplinary, and critical approach to comprehending the ways in which the Civil War impacted the final acceptance of slavery as a peremptory norm and its ban in international law In summary The American Civil War was a turning point in the legal and moral history of human rights, and so it was more than just an internal conflict. Its lasting effect was the establishment of human rights treaties, customary international law, and the identification of abolition of slavery as a peremptory norm, although its immediate effect was the ending of slavery in the United States. This research seeks to provide a comprehensive understanding of how national conflicts shape international legal norms by examining the impact of the Civil War on international law from historical, legal, and critical perspectives. By doing so, our study adds to the general debate on how history influences current international law, the crossroads of domestic and international legal reforms, and the continuous struggle against modern slavery and forced labour. It is necessary to understand the legacy of the Civil War in the history of international law so that legal systems remain actively resisting exploitation in all its forms and so better understanding can be achieved on how human rights protections have evolved. Literature review S. No Author Year Title Research Finding Research Gap 1 James M. McPherson 1988 Battle Cry of Freedom Detailed account of the Civil War and abolition of slavery in the U.S. Lacks focus on international implications of the Civil War on anti-slavery norms. 2 David Brion Davis 2006 Inhuman Bondage: The Rise and Fall of Slavery Global history of slavery and abolition movements. Does not link the Civil War to global legal norms against slavery. 3 Jean Allain 2013 Slavery in International Law Talks about slavery being a jus cogens norm under international law. Does not analyse how the Civil War contributed to this evolution. 4 William A. Schabas 2017 The Customary International Law of Human Rights Examines development of human rights as customary international law. Limited discussion on how slavery transitioned to jus cogens status due to the Civil War. 5 Antony Anghie 2005 Imperialism, Sovereignty and the Making of International Law Examines colonial origins of international law and implications for human rights. Does not discuss how the American Civil War shaped international legal principles about slavery. 6 Eric Foner 2010 The Fiery Trial: Abraham Lincoln and Slavery Explores Lincoln's changing position on slavery and how it affected the Civil War. Does not consider the wider global consequences of Lincoln's policies 7 Seymour Drescher 2009 Abolition: A History of Slavery and Antislavery Presents a general history of abolition movements globally. Does not specifically address how the Civil War impacted international anti-slavery efforts. |
| Keywords: | American civil war-jus cogens |
| Cite Article: | "The American Civil War (1861–1865): Its Impact on Slavery, and the Emergence of Slavery Abolition as Jus Cogens in International Law", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 5, page no.c209-c219, May-2025, Available :http://www.ijrti.org/papers/IJRTI2505221.pdf |
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2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
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Published Paper ID: IJRTI2505221
Registration ID:203956
Published In: Volume 10 Issue 5, May-2025
DOI (Digital Object Identifier):
Page No: c209-c219 Country: Pune, Maharashtra , India Research Area: Other Publisher : IJ Publication Published Paper URL : https://www.ijrti.org/viewpaperforall?paper=IJRTI2505221 Published Paper PDF: https://www.ijrti.org/papers/IJRTI2505221 |
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