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The Tokyo Tribunal: Perspectives on Law, History and Memory

Author: Marina Aksenova

Publisher: Torkel Opsahl Academic EPublisher

Published: 2020-10-27

Total Pages: 480

ISBN-13: 828348138X

The ‘International Military Tribunal for the Far East’ (IMTFE), held in Tokyo from May 1946 to November 1948, was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries, and a mixed Japanese–American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders, and diplomats, based on a 55-count indictment pertaining to crimes against peace, war crimes, and crimes against humanity. The judgment was not unanimous, with one majority judgment, two concurring opinions, and three dissenting opinions. The trial and the outcome were the subject of significant controversy and the Tribunal’s files were subsequently shelved in the archives. While its counterpart in Europe, the ‘International Military Tribunal’ (IMT) at Nuremberg, has been at the centre of public and scholarly interest, the Tokyo Tribunal has more recently gained international scholarly attention. This volume combines perspectives from law, history, and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the 70th anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial.

The Tokyo Tribunal

Author: Viviane E Dittrich

Publisher: Torkel Opsahl Academic Epublisher

Published: 2020-10-27

Total Pages: 480

ISBN-13: 9788283481372

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Edited by Dr. Viviane E. Dittrich, Prof. Kerstin von Lingen, Prof. Philipp Osten and Dr. Jolana Makraiova, this book concerns the 'International Military Tribunal for the Far East' (IMTFE), held in Tokyo from May 1946 to November 1948. It was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries, and a mixed Japanese-American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders, and diplomats, based on a 55-count indictment pertaining to crimes against peace, war crimes, and crimes against humanity. The judgment was not unanimous, with one majority judgment, two concurring opinions, and three dissenting opinions. The trial and the outcome were the subject of significant controversy and the Tribunal's files were subsequently shelved in the archives. While its counterpart in Europe, the 'International Military Tribunal' (IMT) at Nuremberg, has been at the centre of public and scholarly interest, the Tokyo Tribunal has more recently gained international scholarly attention. This volume combines perspectives from law, history, and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the 70th anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial.

The Tokyo War Crimes Tribunal

Author: David J. Cohen

Publisher: Cambridge University Press

Published: 2018-11-22

Total Pages: 561

ISBN-13: 1107119707

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Challenges the persistent orthodoxies of the Tokyo tribunal and provides a new framework for evaluating the trial, revealing its importance to international jurisprudence.

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.

The Tokyo Trial

Author: Zhaoqi Cheng

Publisher: Cambridge University Press

Published: 2016-12-08

Total Pages: 285

ISBN-13: 1107060389

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This collection of essays represents a distinctively Chinese approach to the interpretation of the Tokyo Trial and its significance today.

The Tokyo War Crimes Trial

Author: Yuma Totani

Publisher: BRILL

Published: 2020-03-17

Total Pages: 366

ISBN-13: 1684174732

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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."

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.

The Comfort Women

Author: C. Sarah Soh

Publisher: University of Chicago Press

Published: 2020-05-15

Total Pages: 384

ISBN-13: 022676804X

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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.

The Tokyo Trial Diaries of Mei Ju-ao

Author: Mei Ju-ao

Publisher: Palgrave Pivot

Published: 2020-07-12

Total Pages: 102

ISBN-13: 9789811377976

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Written by Chinese Jurist Mei Ju-ao, this significant book considers both the process and the impact of the International Military Tribunal for the Far East, otherwise known as the Tokyo Trial, which was convened in 1946 to try political military leaders accused of involvement in war crimes. Offering valuable research material on the establishment of the tribunal, it examines the background to the establishment of the International Military Tribunal and the lessons learned from earlier trials of World War One War Criminals. Written from the perspective of a Chinese prosecutor who was both jurist and witness, this unique text engages with the Tokyo Trial from an interdisciplinary perspective bringing in both international law and international relations, measuring over 7 decades later the significance and ongoing legacy of the Tokyo Trial for contemporary international criminal justice in Asia and beyond..

Perspectives on the Nuremberg Trial

Author: Guénaël Mettraux

Publisher: Oxford University Press, USA

Published: 2008

Total Pages: 828

ISBN-13: 0199232334

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The trial of major Nazi war criminals in Nuremberg was a landmark event in the development of modern international law, and continues to be highly influential in our understanding of international criminal law and post-conflict justice. This volume offers a unique collection of the most important essays written on the Trial, discussing the key legal, political and philosophical questions raised by the Trial both at the time and in historical perspective. The collection focuses on pieces from those involved in the Tribunal, discussing the establishment of the Tribunal, the Trial itself, and the debate that followed the Judgment. Also included are representative essays of the academic debate that has surrounded Nuremberg in the sixty years since the Trial. Ranging from the contribution of Nuremberg to the substantive development of international criminal law to the philosophical evaluation of legalism in post-conflict international relations, the perspectives provided by the essays offer a unique overview of the persistent significance of Nuremberg across a range of academic disciplines. The collection also features newly translated essays from key German, Russian and French writers, available in English for the first time; a new essay by Guénaël Mettraux examining the Nuremberg legacy in contemporary international criminal justice, and an exhaustive bibliography of the literature on Nuremberg.