Victors' Justice

Victors' Justice

Author: Richard H. Minear

Publisher: Princeton University Press

Published: 2015-03-08

Total Pages: 254

ISBN-13: 1400870348

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The klieg-lighted Tokyo Trial began on May 3, 1946, and ended on November 4, 1948, a majority of the eleven judges from the victorious Allies finding the twenty-five surviving defendants, Japanese military and state leaders, guilty of most, if not all, of the charges. As at Nuremberg, the charges included for the first time "crimes against peace" and "crimes against humanity," as well as conventional war crimes. In a polemical account, Richard Minear reviews the background, proceedings, and judgment of the Tokyo Trial from its Charter and simultaneous Nuremberg "precedent" to its effects today. Mr. Minear looks at the Trial from the aspects of international law, of legal process, and of history. With compelling force, he discusses the motives of the Nuremberg and Tokyo proponents, the Trial's prejudged course—its choice of judges, procedures, decisions, and omissions—General MacArthur's review of the verdict, the criticisms of the three dissenting judges, and the dangers inherent in such an international, political trial. His systematic, partisan treatment pulls together evidence American lawyers and liberals have long suspected, feared, and dismissed from their minds. Contents: Preface. I. Introduction. II. The Tokyo Trial. III. Problems of International Law. IV. Problems of Legal Process. V. Problems of History. VI. After the Trial. Appendices. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.


Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited

Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited

Author: Yuki Tanaka

Publisher: BRILL

Published: 2011-06-09

Total Pages: 436

ISBN-13: 9004215913

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The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives. Several of the essays in the collection are based on the authors’ extensive archival research in Japan, Australia, the United States and New Zealand, providing rich insights into Japanese societal attitudes towards the Trial, biological experimentation by the Japanese Army in China, as well as the trial of Korean prison guards and prosecutions for rape and sexual assault in the post-war period. Some of the essays deal with particular participants in the Trial, examining the role of individual judges, and the selection of defendants and the decision not to prosecute the Emperor. Other essays analyse the Trial from a legal perspective, and address its impact on concepts such as command responsibility, conspiracy and war crimes. The majority of the essays seek to identify and address some of the ‘forgotten crimes’ in the Tokyo Trial. These include crimes committed in China and Korea (particularly the activities of the infamous Unit 731), crimes committed against comfort women, and crimes associated with the atomic bombings of Hiroshima and Nagasaki, the conventional firebombing of other Japanese cities and the illicit drug trade in China. Finally, the collection includes a number of essays which consider the importance of studying the Tokyo Trial and its contemporary relevance. These issues include an examination of the way in which academics have ‘written’ the Trial over the last 60 years, and an analysis of some of the lessons that can be drawn for international trials in the future.


Victors' Justice

Victors' Justice

Author: Danilo Zolo

Publisher: Verso Books

Published: 2020-02-06

Total Pages: 209

ISBN-13: 178873663X

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Victors’ Justice is a potent and articulate polemic against the manipulation of international penal law by the West, combining historical detail, juridical precision and philosophical analysis. Zolo’s key thesis is that contemporary international law functions as a two-track system: a made-to-measure law for the hegemons and their allies, on the one hand, and a punitive regime for the losers and the disadvantaged, on the other. Though it constantly advertised its impartiality and universalism, international law served to bolster and legitimize, ever since the Tokyo and Nuremberg trials, a fundamentally unilateral and unequal international order.


Victors' Justice

Victors' Justice

Author: Danilo Zolo

Publisher: Verso Books

Published: 2020-01-28

Total Pages: 250

ISBN-13: 1788736648

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Victors' Justice is a potent and articulate polemic against the manipulation of international penal law by the West, combining historical detail, juridical precision and philosophical analysis. Zolo's key thesis is that contemporary international law functions as a two-track system: a made-to-measure law for the hegemons and their allies, on the one hand, and a punitive regime for the losers and the disadvantaged, on the other. Though it constantly advertised its impartiality and universalism, international law served to bolster and legitimize, ever since the Tokyo and Nuremberg trials, a fundamentally unilateral and unequal international order.


Unimaginable Atrocities

Unimaginable Atrocities

Author: William Schabas

Publisher: Oxford University Press

Published: 2012-02-23

Total Pages: 241

ISBN-13: 0199653070

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As international criminal justice has grown in prominence, so have the challenges facing it. This book discusses the unresolved questions and dilemmas confronted by international war crimes courts. These include the controversies surrounding prosecutorial policy, the tension between peace and justice, and accusations of victor's justice.


Victors' Justice

Victors' Justice

Author: Danilo Zolo

Publisher: Verso Books

Published: 2020-01-28

Total Pages: 239

ISBN-13: 1788736656

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Victors’ Justice is a potent and articulate polemic against the manipulation of international penal law by the West, combining historical detail, juridical precision and philosophical analysis. Zolo’s key thesis is that contemporary international law functions as a two-track system: a made-to-measure law for the hegemons and their allies, on the one hand, and a punitive regime for the losers and the disadvantaged, on the other. Though it constantly advertised its impartiality and universalism, international law served to bolster and legitimize, ever since the Tokyo and Nuremberg trials, a fundamentally unilateral and unequal international order.


Victors' Justice

Victors' Justice

Author: Montgomery Belgion

Publisher: Lulu.com

Published: 2017-03-28

Total Pages: 192

ISBN-13: 1365856275

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Nothing is to be gained after a war by the punishment of the vanquished by the victors, even if the vanquished have been to blame for the war itself. It now seems more probable than ever that for victors to assert after a war the 'war guilt' of the vanquished serves but to disguise the real sources of international disturbance. Possibly it is because the western victors in 1919 did not recognize the moral basis of international relations that war returned to Europe and to the world in 1939. Possibly it is because the western victors again in 1945 did not recognize the moral basis of those relations that the world was treated to the spectacle of victors' justice, a.k.a. 'the Nuremberg Trial', and one more great war had ended without leading men's feet into the way of peace.


Crime and Global Justice

Crime and Global Justice

Author: Daniele Archibugi

Publisher: John Wiley & Sons

Published: 2018-03-16

Total Pages: 288

ISBN-13: 1509512659

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Over the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karad ić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?


Victors' Justice

Victors' Justice

Author: Montgomery Belgion

Publisher:

Published: 1949

Total Pages: 212

ISBN-13:

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A rewriting of the author's Epitaph on Nuremberg, first pub. in England in 1947.