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Author: Yuki Tanaka Publisher: BRILL ISBN: 9004215913 Category : Law Languages : en Pages : 436
Book Description
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.
Author: Yuki Tanaka Publisher: BRILL ISBN: 9004215913 Category : Law Languages : en Pages : 436
Book Description
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.
Author: Lachezar D. Yanev Publisher: BRILL ISBN: 9004357505 Category : Law Languages : en Pages : 654
Book Description
The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.
Author: C. Sarah Soh Publisher: University of Chicago Press ISBN: 022676804X Category : History Languages : en Pages : 384
Book Description
In an era marked by atrocities perpetrated on a grand scale, the tragedy of the so-called comfort women—mostly Korean women forced into prostitution by the Japanese army—endures as one of the darkest events of World War II. These women have usually been labeled victims of a war crime, a simplistic view that makes it easy to pin blame on the policies of imperial Japan and therefore easier to consign the episode to a war-torn past. In this revelatory study, C. Sarah Soh provocatively disputes this master narrative. Soh reveals that the forces of Japanese colonialism and Korean patriarchy together shaped the fate of Korean comfort women—a double bind made strikingly apparent in the cases of women cast into sexual slavery after fleeing abuse at home. Other victims were press-ganged into prostitution, sometimes with the help of Korean procurers. Drawing on historical research and interviews with survivors, Soh tells the stories of these women from girlhood through their subjugation and beyond to their efforts to overcome the traumas of their past. Finally, Soh examines the array of factors— from South Korean nationalist politics to the aims of the international women’s human rights movement—that have contributed to the incomplete view of the tragedy that still dominates today.
Author: Jean Sénat Fleury Publisher: Xlibris Corporation ISBN: 1796065552 Category : History Languages : en Pages : 315
Book Description
Hirohito: Guilty or Innocent: The Trial of the Emperor is a book of information and training, a reference book that should be read as an educational tool on Japan’s war in South East Asia and the Pacific. The book opens the debate on Hirohito’s responsibility during World War II with a posthumous trial against the Japanese emperor before the Permanent Peoples’ Court for crimes against peace, war crimes, and crimes against humanity.
Author: Hiro Saito Publisher: University of Hawaii Press ISBN: 0824874390 Category : History Languages : en Pages : 293
Book Description
Seventy years have passed since the end of the Asia-Pacific War, yet Japan remains embroiled in controversy with its neighbors over the war’s commemoration. Among the many points of contention between Japan, China, and South Korea are interpretations of the Tokyo War Crimes Trial, apologies and compensation for foreign victims of Japanese aggression, prime ministerial visits to the Yasukuni Shrine, and the war’s portrayal in textbooks. Collectively, these controversies have come to be called the “history problem.” But why has the problem become so intractable? Can it ever be resolved, and if so, how? To answer these questions author Hiro Saito mobilizes the sociology of collective memory and social movements, political theories of apology and reconciliation, psychological research on intergroup conflict, and philosophical reflections on memory and history. The history problem, he argues, is essentially a relational phenomenon caused when nations publicly showcase self-serving versions of the past at key ceremonies and events: Japan, South Korea, and China all focus on what happened to their own citizens with little regard for foreign others. Saito goes on to explore the emergence of a cosmopolitan form of commemoration taking humanity, rather than nationality, as its primary frame of reference, an approach increasingly used by a transnational network of advocacy NGOs, victims of Japan’s past wrongdoings, historians, and educators. When cosmopolitan commemoration is practiced as a collective endeavor by both perpetrators and victims, Saito argues, a resolution of the history problem—and eventual reconciliation—will finally become possible. The History Problem examines a vast corpus of historical material in both English and Japanese, offering provocative findings that challenge orthodox explanations. Written in clear and accessible prose, this uniquely interdisciplinary book will appeal to sociologists, political scientists, and historians researching collective memory, nationalism and cosmopolitanism, and international relations—and to anyone interested in the commemoration of historical wrongs. An electronic version of this book is freely available thanks to the support of libraries working with Knowledge Unlatched, a collaborative initiative designed to make high-quality books open access for the public good. The open-access version of this book is licensed under Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0), which means that the work may be freely downloaded and shared for non-commercial purposes, provided credit is given to the author. Derivative works and commercial uses require permission from the publisher.
Author: Kevin Heller Publisher: Oxford University Press, USA ISBN: 0199671141 Category : Law Languages : en Pages : 494
Book Description
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.
Author: Barak Kushner Publisher: Harvard University Press ISBN: 0674966988 Category : History Languages : en Pages : 414
Book Description
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.
Author: Publisher: BRILL ISBN: 9004361057 Category : History Languages : en Pages : 330
Book Description
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.
Author: Sharon Weill Publisher: Oxford University Press ISBN: 0192602268 Category : Law Languages : en Pages : 500
Book Description
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.
Author: Yuki Tanaka
Author: Yuki Tanaka
Author: édéric Mégret
Author: Lachezar D. Yanev
Author: C. Sarah Soh
Author: Jean Sénat Fleury
Author: Hiro Saito
Author: Kevin Heller
Author: Barak Kushner
Author: 
Author: Sharon Weill