Case Digest: UJS v. Great Britain (1920) [ Home Missionary Claims]

 Public International Law | Act of Revolutionaries 

Facts:

  • In 1898, the collection of a tax newly imposed by Great Britain on the natives of the Protectorate of Sierra Leone and known as the “hut tax” was the signal for a serious and widespread revolt in the Ronietta district. 
  • The revolt broke out on April 27 and lasted for several days. In the course of the rebellion all the claimant’s missions were attacked, and either destroyed or damaged, and some of the missionaries were murdered.
Issue:
  • Whether the loss of life and damage to property was the result of this neglect and failure of duty of the British Government and therefore that it is liable to pay compensation. NO.
Held:
  • Now, even assuming that the “hut tax” was the effective cause of the native rebellion, it was in itself a fiscal measure in accordance not only with general usage in colonial administration, but also with the usual practice in African countries.... It was a measure to which the British Government was perfectly entitled to resort in the legitimate exercise of its sovereignty, if it was required...
  • Further, though it may be true that some difficulty might have been foreseen, there was nothing to suggest that it would be more serious than is usual and inevitable in a semi-barbarous and only partially colonized protectorate, and certainly nothing to lead to any apprehension of widespread revolt.
  • It is well-established principle of international law that no government can be held responsible for the act of rebellious bodies of men committed in violation of its authority, where it is itself guilty of no breach of good faith, or of no negligence in suppressing insurrection.
  • The good faith of the British Government cannot be questioned, and as to the conditions prevailing in the Protectorate there is no evidence to support the contention that it failed in its duty to afford to adequate protection for life and property. 
  • The Tribunal decides that this claim must be dismissed.

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