Judgment at Tokyo

Judgment at Tokyo

Author: Timothy P. Maga

Publisher: University Press of Kentucky

Published: 2001

Total Pages: 204

ISBN-13: 9780813128986

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In the years since the Japanese war crimes trials concluded, the proceedings have been colored by charges of racism, vengeance, and guilt. In this book, Tim Maga contends that in the trials good law was practiced and evil did not go unpunished. The defendants ranged from lowly Japanese Imperial Army privates to former prime ministers. Since they did not represent a government for which genocide was a policy pursuit, their cases were more difficult to prosecute than those of Nazi war criminals. In contrast to Nuremberg, the efforts in Tokyo, Guam, and other locations throughout the Pacific received little attention by the Western press. Once the Cold War began, America needed Pacific allies and the atrocities committed by Japanese soldiers throughout the 1930s and early 1940s were rarely mentioned. The trials were described as phony justice and "Japan bashing". Keenan and his compatriots adopted criminal court tactics and established precedents in the conduct of war crimes trials that still stand today. Maga reviews the context for the trials, recounts the proceedings, and concludes that they were, in fact, decent examples of American justice and fair play.


The Tokyo War Crimes Trial

The Tokyo War Crimes Trial

Author: Yuma Totani

Publisher: Harvard University Press

Published: 2009

Total Pages: 376

ISBN-13:

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This book assesses the historical significance of the International Military Tribunal for the Far East (IMTFE)--commonly called the Tokyo trial--established as the eastern counterpart of the Nuremberg trial in the immediate aftermath of World War II. Through extensive research in Japanese, American, Australian, and Indian archives, Yuma Totani taps into a large body of previously underexamined sources to explore some of the central misunderstandings and historiographical distortions that have persisted to the present day. Foregrounding these voluminous records, Totani disputes the notion that the trial was an exercise in "victors' justice" in which the legal process was egregiously compromised for political and ideological reasons; rather, the author details the achievements of the Allied prosecution teams in documenting war crimes and establishing the responsibility of the accused parties to show how the IMTFE represented a sound application of the legal principles established at Nuremberg. This study deepens our knowledge of the historical intricacies surrounding the Tokyo trial and advances our understanding of the Japanese conduct of war and occupation during World War II, the range of postwar debates on war guilt, and the relevance of the IMTFE to the continuing development of international humanitarian law.


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.


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.


Atrocities on Trial

Atrocities on Trial

Author: Patricia Heberer

Publisher: U of Nebraska Press

Published: 2008-04-01

Total Pages: 358

ISBN-13: 0803210841

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These essays are organised into four sections, dealing with the history of war crime trials from Weimar Germany to just after World War II, the sometimes diverging Allied attempts to come to terms with the Nazi concentration camp system, the ability of postwar societies to confront war crimes of the past and the legacy of war crime trials.


Stay the Hand of Vengeance

Stay the Hand of Vengeance

Author: Gary Jonathan Bass

Publisher: Princeton University Press

Published: 2014-04-28

Total Pages: 435

ISBN-13: 1400851718

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International justice has become a crucial part of the ongoing political debates about the future of shattered societies like Bosnia, Kosovo, Rwanda, Cambodia, and Chile. Why do our governments sometimes display such striking idealism in the face of war crimes and atrocities abroad, and at other times cynically abandon the pursuit of international justice altogether? Why today does justice seem so slow to come for war crimes victims in the Balkans? In this book, Gary Bass offers an unprecedented look at the politics behind international war crimes tribunals, combining analysis with investigative reporting and a broad historical perspective. The Nuremberg trials powerfully demonstrated how effective war crimes tribunals can be. But there have been many other important tribunals that have not been as successful, and which have been largely left out of today's debates about international justice. This timely book brings them in, using primary documents to examine the aftermath of the Napoleonic Wars, World War I, the Armenian genocide, World War II, and the recent wars in the former Yugoslavia. Bass explains that bringing war criminals to justice can be a military ordeal, a source of endless legal frustration, as well as a diplomatic nightmare. The book takes readers behind the scenes to see vividly how leaders like David Lloyd George, Winston Churchill, Franklin Roosevelt, and Bill Clinton have wrestled with these agonizing moral dilemmas. The book asks how law and international politics interact, and how power can be made to serve the cause of justice. Bass brings new archival research to bear on such events as the prosecution of the Armenian genocide, presenting surprising episodes that add to the historical record. His sections on the former Yugoslavia tell--with important new discoveries--the secret story of the politicking behind the prosecution of war crimes in Bosnia, drawing on interviews with senior White House officials, key diplomats, and chief prosecutors at the war crimes tribunal for the former Yugoslavia. Bass concludes that despite the obstacles, legalistic justice for war criminals is nonetheless worth pursuing. His arguments will interest anyone concerned about human rights and the pursuit of idealism in international politics.


The Nuremberg Trials

The Nuremberg Trials

Author: Paul Roland

Publisher: Arcturus Publishing

Published: 2010-04-01

Total Pages: 299

ISBN-13: 1848587929

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'Roland's compelling account is highly readable.' Nicholas Goodrick-Clarke, Professor of History, University of Exeter 'No one can deny Paul Roland is a complete master of his subject.' Colin Wilson, author of A Criminal History of Mankind Anyone wishing to understand the nature of evil can do no better than look within the pages of this book. When Hitler's 'thousand-year Reich' collapsed after twelve years of increasing repression, how were those responsible to be punished? Hitler, Himmler and Goebbels took their own lives to evade justice, but that still left Hermann Goering, Albert Speer, Hitler's one-time Deputy Fu ̈hrer Rudolf Hess and many other prominent Nazis to be brought before the Allied courts. This is the story of the Nuremberg Trials - the most important criminal hearings ever held, which established the principle that individuals will always be held responsible for their actions under international law, and which brought closure to World War II, allowing the reconstruction of Europe to begin.


Hitler's Generals on Trial

Hitler's Generals on Trial

Author: Valerie Geneviève Hébert

Publisher: University Press of Kansas

Published: 2021-02-12

Total Pages: 376

ISBN-13: 0700632670

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By prosecuting war crimes, the Nuremberg trials sought to educate West Germans about their criminal past, provoke their total rejection of Nazism, and convert them to democracy. More than all of the other Nuremberg proceedings, the High Command Case against fourteen of Hitler's generals embraced these goals, since the charges-the murder of POWs, the terrorizing of civilians, the extermination of Jews-also implicated the 20 million ordinary Germans who had served in the military. This trial was the true test of Nuremberg's potential to inspire national reflection on Nazi crime. Its importance notwithstanding, the High Command Case has been largely neglected by historians. Valerie Hébert's study—the only book in English on the subject—draws extensively on the voluminous trial records to reconstruct these proceedings in full: prosecution and defense strategies; evidence for and against the defendants and the military in general; the intricacies of the judgment; and the complex legal issues raised, such as the defense of superior orders, military necessity, and command responsibility. Crucially, she also examines the West German reaction to the trial and the intense debate over its fairness and legitimacy, ignited by the sentencing of soldiers who were seen by the public as having honorably defended their country. Hébert argues that the High Command Trial was itself a success, producing eleven guilty verdicts along with an incontrovertible record of the German military's crimes. But, viewing the trial from beyond the courtroom, she also contends that it made no lasting imprint on the German public's consciousness. And because the United States was eager to secure West Germany as an ally in the Cold War, American officials eventually consented to parole and clemency programs for all of the convicted officers, so that by the late 1950s not one remained imprisoned. Superbly researched and impeccably told, Hitler's Generals on Trial addresses fundamental questions concerning the meaning of justice after atrocity and genocide, the moral imperative of punishment for these crimes, the link between justice and memory, and the relevance of the Nuremberg trials for transitional justice processes today. Inasmuch as these trials coined the vocabulary of modern international criminal law and set an agenda for transitional justice that remains in place today, Hébert's book marks a major contribution to military and legal history.


Soviet Judgment at Nuremberg

Soviet Judgment at Nuremberg

Author: Francine Hirsch

Publisher:

Published: 2020

Total Pages: 561

ISBN-13: 0199377936

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The Nuremberg Trials (IMT), most notable for their aim to bring perpetrators of Nazi war crimes to justice in the wake of World War II, paved the way for global conversations about genocide, justice, and human rights that continue to this day. As Francine Hirsch reveals in this new history of the trials, a central part of the story has been ignored or forgotten: the critical role the Soviet Union played in making them happen in the first place. While there were practical reasons for this omission--until recently, critical Soviet documents about Nuremberg were buried in the former Soviet archives, and even Russian researchers had limited access--Hirsch shows that there were political reasons as well. The Soviet Union was regarded by its wartime Allies not just as a fellow victor but a rival, and it was not in the interests of the Western powers to highlight the Soviet contribution to postwar justice. Stalin's Show Trials of the 1930s had both provided a model for Nuremberg and made a mockery of it, undermining any pretense of fairness and justice. Further complicating matters was the fact that the Soviets had allied with the Nazis before being invaded by them. The Molotov-Ribbentrop Pact of 1939 hung over the courtroom, as did the fact that the everyone knew that the Soviet prosecution had presented the court with falsified evidence about the Katyn massacre of Polish officers, attempting to pin one of their own major war crimes on the Nazis. For lead American prosecutor Robert Jackson and his colleagues, focusing too much on the Soviet role in the trials threatened the overall credibility of the IMT and possibly even the collective memory of the war. Soviet Justice at Nuremberg illuminates the ironies of Stalin's henchmen presiding in moral judgment over the Nazis. In effect, the Nazis had learned mass-suppression and mass-murder techniques from the Soviets, their former allies, and now the latter were judging them for crimes they had themselves committed. Yet the Soviets had borne the brunt of the fighting--and the losses--in World War II, and this gave them undeniable authority. Moreover, Soviet jurists were the first to conceive of a legal framework for viewing war as a crime, and without that framework the IMT would have had no basis. In short, there would be no denying their place at the tribunal, nor their determination to make the most of it. Illuminating the shifting relationships between the four countries involved (the U.S., Great Britain, France, and the U.S.S.R.) Hirsch's book shows how each was not just facing off against the Nazi defendants, but against each other and offers a new history of Nuremberg.