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Australia's War Crimes Trials 1945-51 by Georgina Fitzpatrick,Timothy L.H. McCormack,Narrelle Morris Pdf
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.
Law Reports of the Australian War Crimes Trials 1945-1951 by Anonim Pdf
This is volume 1 of a new, 5-volume reference work which rectifies a lamentable gap in access to rich war crimes trial jurisprudence from the post-World War II era. It offers a comprehensive collection of the Law Reports of the 300 Australian Military Courts trials held between 1945-1951, together with location essays on their background and relevance. Launched at a propitious time in which Australia is engaged in a significant criminal investigation of alleged ADF war crimes in Afghanistan, it will be of lasting value both within Australia and outside it in the wider realm of international criminal law. Many other Allied nations conducted their own military trials in both the European and Pacific theatres post-WWII, and the Australian experience, documented in these unique volumes, offers an important template for other national initiatives of this kind. The collection supplies i.a. trial transcripts and analysis of prosecution and defense arguments, relevant legal issues, judgments and sentences. It is a rich and unrivalled resource for historians and scholars as well as practitioners of international criminal law.
While the Nuremberg trials at the end of the Second World War are infamous, as are the atrocities committed by Japan in that conflict, few now remember the trials that prosecuted Japanese personnel for those crimes. Stern Justice recovers this forgotten story in a gripping, powerfully written history of an event that saw Australia emerge as a player on the stage of international law.
Author : Philip R. Piccigallo Publisher : University of Texas Press Page : 309 pages File Size : 46,8 Mb Release : 2013-08-26 Category : History ISBN : 9780292758278
This comprehensive treatment of post–World War II Allied war crimes trials in the Far East is a significant contribution to a neglected subject. While the Nuremberg and, to a lesser degree, Tokyo tribunals have received considerable attention, this is the first full-length assessment of the entire Far East operation, which involved some 5,700 accused and 2,200 trials. After discussing the Tokyo trial, Piccigallo systematically examines the operations of each Allied nation, documenting procedure and machinery as well as the details of actual trials (including hitherto unpublished photographs) and ending with a statistical summary of cases. This study allows a completely new assessment of the Far East proceedings: with a few exceptions, the trials were carefully and fairly conducted, the efforts of defense counsel and the elaborate review procedures being especially noteworthy. Piccigallo’s approach to this emotion-filled subject is straightforward and evenhanded throughout. He concludes with a discussion of the broader implications of such war crimes trials, a matter of interest to the general reader as well as to specialists in history, law, and international affairs.
Author : Dean Aszkielowicz Publisher : Hong Kong University Press Page : 180 pages File Size : 51,5 Mb Release : 2017-09-05 Category : History ISBN : 9789888390724
In recent years there has been increasing public awareness of the events in Darwin and northern Australia during the war years of 1942-1945. Indeed, in 2011 the bombing of Darwin on 19th February 1942 was permanently recognised in the 19th February being made a National Day of Observance. However, in this book author Norm Cramp argues that the important Japanese War Criminal Trials held in Darwin in 1946 are now largely forgotten. Following the surrender of Japan in 1945, many Japanese were convicted of war crimes and faced trials in several different locations. These trials were often controversial - especially at a time when emancipated POWs were returning to their home countries with tales of their wartime suffering. The only Japanese war criminal trials to be held in Australia were three relatively little-known trials held in Darwin in 1946. Specifically, nineteen former Japanese soldiers were tried in Darwin for war crimes perpetrated against Allied troops in Timor. The charges ranged from ill-treatment and torture to that of murdering two Allied soldiers. In this book Norm Cramp details the alleged crimes, the details of the trials and the verdicts. The harshest penalty meted out was death. It is a fascinating story of military courtroom drama and a largely forgotten aspect of Australia's wartime history.
Japanese War Criminals by Sandra Wilson,Robert Cribb,Beatrice Trefalt,Dean Aszkielowicz Pdf
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.
Justice in Asia and the Pacific Region, 1945–1952 by Yuma Totani Pdf
This book explores a cross-section of war crimes trials that the Allied powers held against the Japanese in the aftermath of World War II. More than 2,240 trials against some 5,700 suspected war criminals were carried out at 51 separate locations across the Asia Pacific region. This book analyzes fourteen high-profile American, Australian, British, and Philippine trials, including the two subsequent proceedings at Tokyo and the Yamashita trial. By delving into a large body of hitherto underutilized oral and documentary history of the war as contained in the trial records, Yuma Totani illuminates diverse firsthand accounts of the war that were offered by former Japanese and Allied combatants, prisoners of war, and the civilian population. Furthermore, the author makes a systematic inquiry into select trials to shed light on a highly complex - and at times contradictory - legal and jurisprudential legacy of Allied war crimes prosecutions.
As an Army captain, Lyon went to Japan with the occupation force and was appointed a juror on a war crimes trial. He has written an account of that trial, presenting the full case and what transpired in the jury room. The accused guards were from the Naoetsu 4-B camp in Japan where more than 60 were killed. All guards were found guilty and some executed.
Justice in Asia and the Pacific Region, 1945-1952 by Yuma Totani Pdf
"This book explores a cross section of war crimes trials that the Allied powers held against the Japanese in the aftermath of World War II. More than 2,240 trials against some 5,700 suspected war criminals were carried out at 51 separate locations across the Asia Pacific region. This book analyzes fourteen high-profile American, Australian, British, and Philippine trials, including the two subsequent proceedings at Tokyo and the Yamashita trial. By delving into a large body of hitherto underutilized oral and documentary history of the war as contained in the trial records, Yuma Totani illuminates diverse firsthand accounts of the war that were offered by former Japanese and Allied combatants, prisoners of war, and the civilian population. Furthermore, the author makes a systematic inquiry into select trials to shed light on a highly complex - and at times contradictory - legal and jurisprudential legacy of Allied war crimes prosecutions"--
Hong Kong's War Crimes Trials by Suzannah Linton Pdf
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.
Debating Collaboration and Complicity in War Crimes Trials in Asia, 1945-1956 by Kerstin von Lingen Pdf
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 Asia and the Pacific Region, 1945-1952 by Benjamin Straumann,Yuma Totani Pdf
"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 by Kevin Heller,Gerry Simpson Pdf
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 : Australian Army Legal Corps Publisher : Simon and Schuster Page : 469 pages File Size : 54,9 Mb Release : 2014-01-05 Category : History ISBN : 9781922132512
Justice In Arms by Australian Army Legal Corps Pdf
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.
