Australia's War Crimes Trials 1945-51

Australia's War Crimes Trials 1945-51

Author: Georgina Fitzpatrick

Publisher: BRILL

Published: 2016-08-29

Total Pages: 911

ISBN-13: 9004292055

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This unique volume provides a detailed analysis of Australia’s 300 war crimes trials of principally Japanese accused conducted in the immediate aftermath of the Second World War. Part I contains contextual essays explaining why Australia established military courts to conduct these trials and thematic essays considering various legal issues in, and historical perspectives on, the trials. Part II offers a comprehensive collection of eight location essays, one each for the physical locations where the trials were held. In Part III post-trial issues are reviewed, such as the operation of compounds for war criminals; the repatriation of convicted Japanese war criminals to serve the remainder of their sentences; and reflections of some of those convicted on their experience of the trials. In the final essay, a contemporary reflection on the fairness of the trials is provided, not on the basis of a twenty-first century critique of contemporary minimum standards of fair trial expected in the prosecution of war crimes, but by reviewing approaches taken in the trials themselves as well as from reactions to the trials by those associated with them. The essays are supported by a large collection of unique historical photographs, maps and statistical materials. There has been no systematic and comprehensive analysis of these trials so far, which has meant that they are virtually precluded from consideration as judicial precedent. This volume fills that gap, and offers scholars and practitioners an important and groundbreaking resource.


The Japanese On Trial

The Japanese On Trial

Author: Philip R. Piccigallo

Publisher: University of Texas Press

Published: 2013-08-26

Total Pages: 309

ISBN-13: 0292758278

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This comprehensive treatment of post–World War II Allied war crimes trials in the Far East is a significant contribution to a neglected subject. While the Nuremberg and, to a lesser degree, Tokyo tribunals have received considerable attention, this is the first full-length assessment of the entire Far East operation, which involved some 5,700 accused and 2,200 trials. After discussing the Tokyo trial, Piccigallo systematically examines the operations of each Allied nation, documenting procedure and machinery as well as the details of actual trials (including hitherto unpublished photographs) and ending with a statistical summary of cases. This study allows a completely new assessment of the Far East proceedings: with a few exceptions, the trials were carefully and fairly conducted, the efforts of defense counsel and the elaborate review procedures being especially noteworthy. Piccigallo’s approach to this emotion-filled subject is straightforward and evenhanded throughout. He concludes with a discussion of the broader implications of such war crimes trials, a matter of interest to the general reader as well as to specialists in history, law, and international affairs.


Japanese War Criminals

Japanese War Criminals

Author: Sandra Wilson

Publisher: Columbia University Press

Published: 2017-02-14

Total Pages: 436

ISBN-13: 0231542682

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Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.


Justice in Asia and the Pacific Region, 1945-1952

Justice in Asia and the Pacific Region, 1945-1952

Author: Yuma Totani

Publisher: Cambridge University Press

Published: 2015-02-16

Total Pages: 289

ISBN-13: 1107087627

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"Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe"--


The Hidden Histories of War Crimes Trials

The Hidden Histories of War Crimes Trials

Author: Kevin Heller

Publisher: Oxford University Press, USA

Published: 2013-10

Total Pages: 494

ISBN-13: 0199671141

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Several war crimes trials are well-known to scholars, but others have received far less attention. This book assesses a number of these little-studied trials to recognise institutional innovations, clarify doctrinal debates, and identify their general relevance to the development of international criminal law.


Hong Kong's War Crimes Trials

Hong Kong's War Crimes Trials

Author: Suzannah Linton

Publisher: Oxford University Press, USA

Published: 2013-09-26

Total Pages: 295

ISBN-13: 0199643288

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Immediately after the Second World War 46 trials were held by the British military in Hong Kong in which 123 defendants, mainly from Japan, were tried for war crimes. This book is the first to analyze these trials, situating them within their historical context and showing their importance for the development of international criminal law.


Historical Origins of International Criminal Law

Historical Origins of International Criminal Law

Author: Morten Bergsmo

Publisher: Torkel Opsahl Academic EPublisher

Published: 2014-12-12

Total Pages: 814

ISBN-13: 8293081139

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The historical origins of international criminal law go beyond the key trials of Nuremberg and Tokyo but remain a topic that has not received comprehensive and systematic treatment. This anthology aims to address this lacuna by examining trials, proceedings, legal instruments and publications that may be said to be the building blocks of contemporary international criminal law. It aspires to generate new knowledge, broaden the common hinterland to international criminal law, and further develop this relatively young discipline of international law. The anthology and research project also seek to question our fundamental assumptions of international criminal law by going beyond the geographical, cultural, and temporal limits set by the traditional narratives of its history, and by questioning the roots of its substance, process, and institutions. Ultimately, we hope to raise awareness and generate further discussion about the historical and intellectual origins of international criminal law and its social function. The contributions to the three volumes of this study bring together experts with different professional and disciplinary expertise, from diverse continents and legal traditions. Volume 2 comprises contributions by prominent international lawyers and researchers including Professor LING Yan, Professor Neil Boister, Professor Nina H.B. Jørgensen, Professor Ditlev Tamm and Professor Mark Drumbl.


Defending the Enemy

Defending the Enemy

Author: Elaine B. Fischel

Publisher: Bascom Hill Publishing Group Limited

Published: 2010-02

Total Pages: 384

ISBN-13: 9781935456032

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From 1946-48 Elaine B. Fischel worked in Tokyo alongside the American attorneys assigned to defend the Japanese war criminals held responsible for the torture and deaths of millions of civilians and prisoners of war. She recounts the post-WWII transition in Japan to the country's occupation by their former enemy, and the subsequent surprise on the part of the Japanese citizenry that the U.S. allegiance to democracy meant providing a fair trial even to the men considered the most evil perpetrators of atrocities. In letters to her family at the time, the author as a young woman tries to explain her relationships with the defendants and her own surprise at the growing fondness she felt for many of the "villains" of WWII-particularly prime minister and general Hideki Tojo, known during the war as "Razor." Defending the Enemy is also the story of a young woman who wants to make the most of her time in a country so full of beauty. Fischel interweaves the activities and intrigues of the trial alongside her tales of travel throughout Japan, her social engagements with high-ranking military and civilians, and her unique enduring relationships, such as her friendship with Emperor Hirohito's brother, Prince Takamatsu. In doing so, Fischel illuminates the paradoxes inherent during this period in history. Elaine B. Fischel was born in New York. Her widowed mother moved her girls out of the big city and raised Elaine and her sister in Southern California. In addition to "honors" grades in high school, Elaine's athletic abilities led to a number-one ranking in Junior tennis and, while representing UCLA, she became a National Intercollegiate Tennis Champion. The end of World War II found Elaine working in Tokyo for two-and-a-half years at the trial of the twenty-eight accused Japanese war criminals. General Douglas MacArthur, the leader of the Occupation, recruited American lawyers to defend the fallen leaders to insure that history would say this was a "fair trial." Elaine's assignment to the Defense enabled her to interact with the fallen leaders, who had become "clients," and with military leaders, diplomats, the Japanese royal family, and Japanese citizens from all walks of life. When the trial was over, Fischel returned home and attended the University of Southern California School of Law. She went on to practice law for fifty-seven years. Book jacket.


Embracing Defeat

Embracing Defeat

Author: John W Dower

Publisher: W. W. Norton & Company

Published: 2000-07-04

Total Pages: 692

ISBN-13: 9780393320275

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This study of modern Japan traces the impact of defeat and reconstruction on every aspect of Japan's national life. It examines the economic resurgence as well as how the nation as a whole reacted to defeat and the end of a suicidal nationalism.


Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements

Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements

Author: Brian Christopher Jones

Publisher: Taylor & Francis

Published: 2017-03-27

Total Pages: 242

ISBN-13: 131715715X

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Rarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia’s, and especially Taiwan and Hong Kong’s, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.