Author: Georgina Fitzpatrick
Publisher: BRILL
ISBN: 9004292055
Category : Law
Languages : en
Pages : 911
Book Description
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.
Australia's War Crimes Trials 1945-51
Author: Georgina Fitzpatrick
Publisher: BRILL
ISBN: 9004292055
Category : Law
Languages : en
Pages : 911
Book Description
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.
Publisher: BRILL
ISBN: 9004292055
Category : Law
Languages : en
Pages : 911
Book Description
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
Author: Suzannah Linton
Publisher: Oxford University Press, USA
ISBN: 0199643288
Category : History
Languages : en
Pages : 295
Book Description
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.
Publisher: Oxford University Press, USA
ISBN: 0199643288
Category : History
Languages : en
Pages : 295
Book Description
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.
Justice in Asia and the Pacific Region, 1945-1952
Author: Yuma Totani
Publisher: Cambridge University Press
ISBN: 1107087627
Category : History
Languages : en
Pages : 289
Book Description
"Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe"--
Publisher: Cambridge University Press
ISBN: 1107087627
Category : History
Languages : en
Pages : 289
Book Description
"Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe"--
The Hidden Histories of War Crimes Trials
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.
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.
The Australian Pursuit of Japanese War Criminals, 1943–1957
Author: Dean Aszkielowicz
Publisher: Hong Kong University Press
ISBN: 9888390724
Category : History
Languages : en
Pages : 179
Book Description
Publisher: Hong Kong University Press
ISBN: 9888390724
Category : History
Languages : en
Pages : 179
Book Description
Project Kingfisher
Author: Athol Moffitt
Publisher: ABC Enterprises(Australian Broadcasting Corporation)
ISBN: 9780733304897
Category : Prisoners of war
Languages : en
Pages : 306
Book Description
First published in 1989, this account of the experiences of the prisoners of war at Sandakan in Borneo also examines the motives and characteristics of the Japanese involved, and discusses the legal, moral and practical issues inherent in the trial of war crimes. The secret plans for rescuing the Sandakan POWs and the reasons for the failure to carry them out are also discussed. The author is a former QC and president of the Court of Appeal in NSW. He was a prosecutor in the collaborator trials in Borneo in 1945, and at the Sandakan war crimes trials at Labuan. The diary he kept during these trials provides material for this book.
Publisher: ABC Enterprises(Australian Broadcasting Corporation)
ISBN: 9780733304897
Category : Prisoners of war
Languages : en
Pages : 306
Book Description
First published in 1989, this account of the experiences of the prisoners of war at Sandakan in Borneo also examines the motives and characteristics of the Japanese involved, and discusses the legal, moral and practical issues inherent in the trial of war crimes. The secret plans for rescuing the Sandakan POWs and the reasons for the failure to carry them out are also discussed. The author is a former QC and president of the Court of Appeal in NSW. He was a prosecutor in the collaborator trials in Borneo in 1945, and at the Sandakan war crimes trials at Labuan. The diary he kept during these trials provides material for this book.
Debating Collaboration and Complicity in War Crimes Trials in Asia, 1945-1956
Author: Kerstin von Lingen
Publisher: Springer
ISBN: 3319531417
Category : History
Languages : en
Pages : 196
Book Description
This innovative volume examines the nexus between war crimes trials and the pursuit of collaborators in post-war Asia. Global standards of behaviour in time of war underpinned the prosecution of Japanese military personnel in Allied courts in Asia and the Pacific. Japan’s contradictory roles in the Second World War as brutal oppressor of conquered regions in Asia and as liberator of Asia from both Western colonialism and stultifying tradition set the stage for a tangled legal and political debate: just where did colonized and oppressed peoples owe their loyalties in time of war? And where did the balance of responsibility lie between individuals and nations? But global standards jostled uneasily with the pluralism of the Western colonial order in Asia, where legal rights depended on race and nationality. In the end, these limits led to profound dissatisfaction with the trials process, despite its vast scale and ambitious intentions, which has implications until today.
Publisher: Springer
ISBN: 3319531417
Category : History
Languages : en
Pages : 196
Book Description
This innovative volume examines the nexus between war crimes trials and the pursuit of collaborators in post-war Asia. Global standards of behaviour in time of war underpinned the prosecution of Japanese military personnel in Allied courts in Asia and the Pacific. Japan’s contradictory roles in the Second World War as brutal oppressor of conquered regions in Asia and as liberator of Asia from both Western colonialism and stultifying tradition set the stage for a tangled legal and political debate: just where did colonized and oppressed peoples owe their loyalties in time of war? And where did the balance of responsibility lie between individuals and nations? But global standards jostled uneasily with the pluralism of the Western colonial order in Asia, where legal rights depended on race and nationality. In the end, these limits led to profound dissatisfaction with the trials process, despite its vast scale and ambitious intentions, which has implications until today.
Justice In Arms
Author: Australian Army Legal Corps
Publisher: Simon and Schuster
ISBN: 1922132519
Category : History
Languages : en
Pages : 469
Book Description
Justice in Arms brings to life a fascinating and important element of Australia’s legal history — the role of Army legal officers in Australia and in expeditionary operations from the Boer War until 2000. This is a comprehensive and absorbing history which describes the dynamic interaction of institutional and political imperatives and the personalities who managed this interaction over the decades. It is populated by colourful characters and legal luminaries and demonstrates that military justice is rightly concerned with discipline and cohesiveness. Reflecting broader societal norms, it is also concerned with the rule of law and respect for the rights, liberties and fair treatment of those who serve in the armed forces. Justice in Arms describes the extraordinary contribution of Army legal officers to both the profession of arms and the development of the law, charting the evolving personal and structural relationships between Army legal officers and command dictated by the changing legal needs of the Army and the broader Australian Defence Force. Today Army legal officers apply, adapt and shape the law to meet evolving needs in peacetime and during armed conflict and peace operations, ensuring the legitimacy of military action and the maintenance of domestic and international support for national objectives.
Publisher: Simon and Schuster
ISBN: 1922132519
Category : History
Languages : en
Pages : 469
Book Description
Justice in Arms brings to life a fascinating and important element of Australia’s legal history — the role of Army legal officers in Australia and in expeditionary operations from the Boer War until 2000. This is a comprehensive and absorbing history which describes the dynamic interaction of institutional and political imperatives and the personalities who managed this interaction over the decades. It is populated by colourful characters and legal luminaries and demonstrates that military justice is rightly concerned with discipline and cohesiveness. Reflecting broader societal norms, it is also concerned with the rule of law and respect for the rights, liberties and fair treatment of those who serve in the armed forces. Justice in Arms describes the extraordinary contribution of Army legal officers to both the profession of arms and the development of the law, charting the evolving personal and structural relationships between Army legal officers and command dictated by the changing legal needs of the Army and the broader Australian Defence Force. Today Army legal officers apply, adapt and shape the law to meet evolving needs in peacetime and during armed conflict and peace operations, ensuring the legitimacy of military action and the maintenance of domestic and international support for national objectives.
Japanese War Criminals
Author: Sandra Wilson
Publisher: Columbia University Press
ISBN: 0231542682
Category : History
Languages : en
Pages : 436
Book Description
Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.
Publisher: Columbia University Press
ISBN: 0231542682
Category : History
Languages : en
Pages : 436
Book Description
Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.
Witnessing the Witness of War Crimes, Mass Murder, and Genocide
Author: Manuela Consonni
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110771381
Category : History
Languages : en
Pages : 278
Book Description
Rethinking the concepts of "witnessing" and "witness" is highly relevant to the study of war crimes, mass murder and genocide. Through multiple readings, the volume shows the meanings and functions of witnessing in a political and historical context marked by the emergence of multiculturalism. The ultimate goal is the exploration of divergent and intersectional positions of the witness and witnessing as both concrete and hermeneutical categories. As a result, the mechanisms of social, political, and psychological oppression, murder and genocide will become tangible and understandable with greater precision and finesse.
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110771381
Category : History
Languages : en
Pages : 278
Book Description
Rethinking the concepts of "witnessing" and "witness" is highly relevant to the study of war crimes, mass murder and genocide. Through multiple readings, the volume shows the meanings and functions of witnessing in a political and historical context marked by the emergence of multiculturalism. The ultimate goal is the exploration of divergent and intersectional positions of the witness and witnessing as both concrete and hermeneutical categories. As a result, the mechanisms of social, political, and psychological oppression, murder and genocide will become tangible and understandable with greater precision and finesse.