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.

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.

Men to Devils, Devils to Men
Men to Devils, Devils to Men

Author: Barak Kushner

Publisher: Harvard University Press

Published: 2015-01-05

Total Pages: 414

ISBN-13: 0674966988

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The Japanese Army committed numerous atrocities during its pitiless campaigns in China from 1931 to 1945. When the Chinese emerged victorious with the Allies at the end of World War II, many seemed ready to exact retribution for these crimes. Rather than resort to violence, however, they chose to deal with their former enemy through legal and diplomatic means. Focusing on the trials of, and policies toward, Japanese war criminals in the postwar period, Men to Devils, Devils to Men analyzes the complex political maneuvering between China and Japan that shaped East Asian realpolitik during the Cold War. Barak Kushner examines how factions of Nationalists and Communists within China structured the war crimes trials in ways meant to strengthen their competing claims to political rule. On the international stage, both China and Japan propagandized the tribunals, promoting or blocking them for their own advantage. Both nations vied to prove their justness to the world: competing groups in China by emphasizing their magnanimous policy toward the Japanese; Japan by openly cooperating with postwar democratization initiatives. At home, however, Japan allowed the legitimacy of the war crimes trials to be questioned in intense debates that became a formidable force in postwar Japanese politics. In uncovering the different ways the pursuit of justice for Japanese war crimes influenced Sino-Japanese relations in the postwar years, Men to Devils, Devils to Men reveals a Cold War dynamic that still roils East Asian relations today.

Transcultural Justice at the Tokyo Tribunal
Transcultural Justice at the Tokyo Tribunal

Author:

Publisher: BRILL

Published: 2018-03-06

Total Pages: 330

ISBN-13: 9004361057

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While the International Military Tribunal at Nuremberg has been at the centre of scholarly attention, the Tokyo Tribunal has for decades been largely neglected. This is surprising insofar as this tribunal was a well-organized Allied endeavour and prefigured the international courts and tribunals of our day. Eleven national teams were sent to Tokyo between 1946 and 1948 to bring about justice in the aftermath of the Pacific War. This volume offers an innovative approach to the Tokyo Tribunal as an arena of transcultural engagement. It contextualizes legal agents as products of transnational forces, constituted through dialogues about legal concepts and processes of faction-making. The endeavour was challenged by different national policies, divergent legal traditions, and varying cultural perceptions of the task ahead. Contributors are Milinda Banerjee, Anja Bihler, Neil Boister, David M. Crowe, Kerstin von Lingen, Narrelle Morris, Hitoshi Nagai, Valentyna Polunina, Ann-Sophie Schoepfel, Lisette Schouten, James Burnham Sedgwick, Yuki Takatori and Urs Matthias Zachmann.

The Corporation, Law and Capitalism
The Corporation, Law and Capitalism

Author: Grietje Baars

Publisher: BRILL

Published: 2019-03-25

Total Pages: 518

ISBN-13: 9004392866

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In The Corporation, Law and Capitalism, Grietje Baars offers a radical Marxist perspective on the role of law in the global political economy. Closing a major gap in historical-materialist scholarship, they demonstrate how the corporation, capitalism’s main engine from city-state and colonial times to the present multinational, is a masterpiece of legal technology. The symbiosis between law and capital becomes acutely apparent in the question of ‘corporate accountability’. Baars provides a detailed analysis of corporate human rights and war crimes trials, from the Nuremberg industrialists’ trials to current efforts. The book shows that precisely because of law’s relationship to capital, law cannot prevent or remedy the ‘externalities’ produced by corporate capitalism. This realisation will generate the space required to formulate a different answer to ‘the question of the corporation’, and to global corporate capitalism more broadly, outside of the law.

The Tokyo Trial, Justice, and the Postwar International Order
The Tokyo Trial, Justice, and the Postwar International Order

Author: Aleksandra Babovic

Publisher: Springer

Published: 2019-01-04

Total Pages: 179

ISBN-13: 9811334773

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Fully utilizing the latest archival material, this book provides a comprehensive, multi-dimensional and nuanced understanding of the Tokyo Tribunal by delving into the temporal aspects that extended the relevance and reverberations of the Tribunal beyond its end in 1948. With this as a backdrop, this book contributes to the study of Japanese postwar diplomacy. It shows the Tokyo Tribunal is still very much an experiment in progress, and how the process itself has helped Japan to quickly shed its imperial past and remain ambiguous as to its war responsibilities. From a wider vantage point, this book augments the existing scholarship of international criminal law and justice, offering a clear framework as to the limits of what international criminal tribunals can accomplish and offers a must-read for academics and students as well as for practitioners, journalists and policymakers interested in international criminal law and US-Japanese diplomatic history,

The President on Trial
The President on Trial

Author: Sharon Weill

Publisher: Oxford University Press

Published: 2020-05-27

Total Pages: 465

ISBN-13: 019260225X

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During the 1980s, thousands of Chadian citizens were detained, tortured, and raped by then-President Hissène Habré's security forces. Decades later, Habré was finally prosecuted for his role in these atrocities not in his own country or in The Hague, but across the African continent, at the Extraordinary African Chambers in Senegal. By some accounts, Habré's trial and conviction by a specially built court in Dakar is the most significant achievement of global criminal justice in the past decade. Simply creating a court and commencing a trial against a deposed head of state was an extraordinary success. With its 2016 judgment, affirmed on appeal in 2017, the hybrid tribunal in Senegal exceeded expectations, working to deadlines and within its budget, with no murdered witnesses or self-dealing officials. This book details and contextualizes the Habré trial. It presents the trial and its impact using a novel structure of first-person accounts from 26 direct actors (Part I), accompanied by academic analysis from leading experts on international criminal justice (Part II). Combined, these views present both local and international perspectives through distinct but inter-locking parts: empirical source material from understudied actors both within and outside the court is then contextualized with expert analysis that reflects on the construction and work of: the Extraordinary African Chamber (EAC) as well as wider themes of international criminal law. Together with an introduction laying out the work and significance of the EAC and its trial of Hissène Habré, the book is a comprehensive consideration of a history-making trial.

Neonationalist Mythology in Postwar Japan
Neonationalist Mythology in Postwar Japan

Author: Nariaki Nakazato

Publisher: Rowman & Littlefield

Published: 2016-04-27

Total Pages: 303

ISBN-13: 1498528368

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Radhabinod Pal was an Indian jurist who achieved international fame as the judge representing India at the Tokyo War Crimes Tribunal and dissented from the majority opinion, holding that all Japanese “Class A” war criminals were not guilty of any of the charges brought against them. In postwar Japanese politics, right-wing polemicists have repeatedly utilized his dissenting judgment in their political propaganda aimed at refuting the Tokyo trial’s majority judgment and justifying Japan’s aggression, gradually elevating this controversial lawyer from India to a national symbol of historical revisionism. Many questions have been raised about how to appropriately assess Pal’s dissenting judgment and Pal himself. Were the arguments in Pal’s judgment sound? Why did he submit such a bold dissenting opinion? What was the political context? More fundamentally, why and how did the Allies ever nominate such a lawyer as a judge for a tribunal of such great political importance? How should his dissent be situated within the context of modern Asian history and the development of international criminal justice? What social and political circumstances in Japan thrust him into such a prominent position? Many of these questions remain unanswered, while some have been misinterpreted. This book proposes answers to many of them and presents a critique of the persistent revisionist denial of war responsibility in the Japanese postwar right-wing movement.

Mapping Global Justice
Mapping Global Justice

Author: Arnaud Kurze

Publisher: Taylor & Francis

Published: 2022-10-14

Total Pages: 273

ISBN-13: 1000655202

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Persistent international conflicts, increasing inequality in many regions or the world, and acute environmental and climate-related threats to humanity call for a better understanding of the processes, actors and tools available to face the challenges of achieving global justice. This book offers a broad and multidisciplinary survey of global justice, bridging the gap between theory and practice by connecting conceptual frameworks with a panoply of case studies and an in-depth discussion of practical challenges. Connecting these critical aspects to larger moral and ethical debates is essential for thinking about large, abstract ideas and applying them directly to specific contexts. Core content includes: Key debates in global justice from across philosophy, postcolonial studies, political science, sociology and criminology The origins of global justice and the development of the human rights agenda; peacekeeping and post-conflict studies Global poverty and sustainable development Global security and transnational crime Environmental justice, public health and well-being Rather than providing a blueprint for the practice of global justice, this text problematizes efforts to cope with many justice related issues. The pedagogical approach is designed to map the difficulties that exist between theory and praxis, encourage critical thinking and fuel debates to help seek alternative solutions. Bringing together perspectives from a wealth of disciplines, this book is essential reading for courses on global justice across criminology, sociology, political science, anthropology, philosophy and law.

Hidden Atrocities
Hidden Atrocities

Author: Jeanne Guillemin

Publisher: Columbia University Press

Published: 2017-09-26

Total Pages: 542

ISBN-13: 0231544987

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In the aftermath of World War II, the Allied intent to bring Axis crimes to light led to both the Nuremberg trials and their counterpart in Tokyo, the International Military Tribunal of the Far East. Yet the Tokyo Trial failed to prosecute imperial Japanese leaders for the worst of war crimes: inhumane medical experimentation, including vivisection and open-air pathogen and chemical tests, which rivaled Nazi atrocities, as well as mass attacks using plague, anthrax, and cholera that killed thousands of Chinese civilians. In Hidden Atrocities, Jeanne Guillemin goes behind the scenes at the trial to reveal the American obstruction that denied justice to Japan’s victims. Responsibility for Japan’s secret germ-warfare program, organized as Unit 731 in Harbin, China, extended to top government leaders and many respected scientists, all of whom escaped indictment. Instead, motivated by early Cold War tensions, U.S. military intelligence in Tokyo insinuated itself into the Tokyo Trial by blocking prosecution access to key witnesses and then classifying incriminating documents. Washington decision makers, supported by the American occupation leader, General Douglas MacArthur, sought to acquire Japan’s biological-warfare expertise to gain an advantage over the Soviet Union, suspected of developing both biological and nuclear weapons. Ultimately, U.S. national-security goals left the victims of Unit 731 without vindication. Decades later, evidence of the Unit 731 atrocities still troubles relations between China and Japan. Guillemin’s vivid account of the cover-up at the Tokyo Trial shows how without guarantees of transparency, power politics can jeopardize international justice, with persistent consequences.