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Transcultural Justice at the Tokyo Tribunal by Anonim Pdf
The Tokyo Tribunal (1946-1948) tried Japanese leaders for war crimes committed during the Second World War, but behind the scenes, old legal traditions contended with new legal ethics and refigured cultural perceptions of how to bringing about justice.
Marina Aksenova,Diane Marie Amann,David Cohen,Robert Cribb,David M. Crowe,Donald M. Ferencz,Narrelle Morris,Diane Orentlicher,Kuniko Ozaki,Christoph Safferling,Franziska Seraphim,Gerry Simpson,Kayoko Takeda,Yuma Totani,Beatrice Trefalt,Sandra Wilson
Author : Marina Aksenova,Diane Marie Amann,David Cohen,Robert Cribb,David M. Crowe,Donald M. Ferencz,Narrelle Morris,Diane Orentlicher,Kuniko Ozaki,Christoph Safferling,Franziska Seraphim,Gerry Simpson,Kayoko Takeda,Yuma Totani,Beatrice Trefalt,Sandra Wilson Publisher : Torkel Opsahl Academic EPublisher Page : 480 pages File Size : 50,7 Mb Release : 2020-10-27 Category : Law ISBN : 9788283481389
The Tokyo Tribunal: Perspectives on Law, History and Memory by Marina Aksenova,Diane Marie Amann,David Cohen,Robert Cribb,David M. Crowe,Donald M. Ferencz,Narrelle Morris,Diane Orentlicher,Kuniko Ozaki,Christoph Safferling,Franziska Seraphim,Gerry Simpson,Kayoko Takeda,Yuma Totani,Beatrice Trefalt,Sandra Wilson Pdf
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.
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.
The Tokyo Tribunal by Viviane E Dittrich,Kerstin Von Lingen,Philipp Osten Pdf
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 by David J. Cohen,Yuma Totani Pdf
Challenges the persistent orthodoxies of the Tokyo tribunal and provides a new framework for evaluating the trial, revealing its importance to international jurisprudence.
The Tokyo Trial, Justice, and the Postwar International Order by Aleksandra Babovic Pdf
Fully utilizing the latest archival material, this book provides a comprehensive, multi-dimensional and nuanced understanding of the Tokyo Tribunal by delving into the temporal aspects that extended the relevance and reverberations of the Tribunal beyond its end in 1948. With this as a backdrop, this book contributes to the study of Japanese postwar diplomacy. It shows the Tokyo Tribunal is still very much an experiment in progress, and how the process itself has helped Japan to quickly shed its imperial past and remain ambiguous as to its war responsibilities. From a wider vantage point, this book augments the existing scholarship of international criminal law and justice, offering a clear framework as to the limits of what international criminal tribunals can accomplish and offers a must-read for academics and students as well as for practitioners, journalists and policymakers interested in international criminal law and US-Japanese diplomatic history,
Bangladesh and International Law by Mohammad Shahabuddin Pdf
This book is the first-ever comprehensive analysis of international law from Global South perspectives with specific reference to Bangladesh. The book not only sheds new light on classical international law concepts, such as statehood, citizenship, and self-determination, but also covers more current issues including Rohingya refugees, climate change, sustainable development, readymade garment workers and crimes against humanity. Written by area specialists, the book explores how international law shaped Bangladesh state practice over the last five decades; how Bangladesh in turn contributed to the development of international law; and the manner in which international law is also used as a hegemonic tool for marginalising less powerful countries like Bangladesh. By analysing stories of an ambivalent relationship between international law and post-colonial states, the book exposes the duality of international law as both a problem-solving tool and as a language of hegemony. Despite its focus on Bangladesh, the book deals with the more general problem of post-colonial states’ problematic relationship with international law and so will be of interest to students and scholars of international law in general, as well as those interested in the Global South and South Asia in particular.
The Evolution of International Criminal Procedure by Giovanni Chiarini Pdf
This book examines the evolution of international criminal procedure from the 1945–1946 Nuremberg and Tokyo trials to the present period. It is largely based on a normative-jurisprudential approach to the procedural rules, comparing both norms and case law of the relevant courts and tribunals. The book shows the possibility of classifying “international criminal procedure” as an autonomous concept and field of study, which is constantly evolving due to the interaction of different legal cultures that characterizes this subject matter and is derived from the varied procedures as established in both statutory law and jurisprudence. Far from being an autonomous entity, international criminal procedure now represents a great compromise between the legal traditions of different ICC member States. What emerges is the historical evolution of an international criminal procedure with a unique identity, a very real “third way” between the traditional dichotomy of common law and civil law, between the Anglo-Saxon and the European Roman Law-oriented legal traditions. The book will be of interest to academics, scholars, and researchers working in the areas of international criminal law, comparative law, criminal procedure, and legal history, as well as judges and international legal professionals.
Now in its second edition, this book takes a fresh, probing look at one of the greatest human tragedies in modern history. Beginning with a detailed overview of the history of the Jews and their two-millennia-old struggle with the anti-Judaic and anti-Semitic prejudice and discrimination that set the stage for the Holocaust, David M. Crowe discusses the evolution of Nazi racial policies, beginning with the development of Adolf Hitler's anti-Semitic ideas, their importance to the Nazi movement in the 1920s and 1930s, and their expanding role in the evolution of German policies leading to the Final Solution in 1941 – the mass murder of Jews throughout Nazi-occupied Europe. The German program involved the creation of death camps like Auschwitz and Treblinka and mass murder sites throughout Eastern Europe and the Soviet Union. While the Jews were the principal victims, other groups who were deemed racial or biological threats to Hitler’s goal of creating an Aryan-pure Europe were also targeted, including the Roma and the handicapped. This book discusses Nazi policies in each country in German-occupied Europe as well as the role of Europe’s neutrals in the larger German scheme-of-things. It also takes an in-depth look at liberation, Displaced Persons, the founding of Israel, and efforts throughout the western world to bring Nazi war criminals and their collaborators to justice. This second edition includes a new chapter on the importance of memory and the Holocaust, the evolution of interpretative Holocaust scholarship and media, recent controversies about national responsibility, and the work of Holocaust museums, archives, and libraries in Israel, Germany, Poland, and the United States to promote Holocaust education and memory. It concludes with the rise of Neo-Nazism, white nationalism, and other movements in Germany and the United States, and their relationship to questions about Holocaust memory and its lessons. Comprehensive and offering a detailed historical perspective, this is the perfect resource for those looking to gain a deep understanding of this tragedy.
In The Geography of Injustice, Barak Kushner argues that the war crimes tribunals in East Asia formed and cemented national divides that persist into the present day. In 1946 the Allies convened the Tokyo Trial to prosecute Japanese wartime atrocities and Japan's empire. At its conclusion one of the judges voiced dissent, claiming that the justice found at Tokyo was only "the sham employment of a legal process for the satisfaction of a thirst for revenge." War crimes tribunals, Kushner shows, allow for the history of the defeated to be heard. In contemporary East Asia a fierce battle between memory and history has consolidated political camps across this debate. The Tokyo Trial courtroom, as well as the thousands of other war crimes tribunals opened in about fifty venues across Asia, were legal stages where prosecution and defense curated facts and evidence to craft their story about World War Two. These narratives and counter narratives form the basis of postwar memory concerning Japan's imperial aims across the region. The archival record and the interpretation of court testimony together shape a competing set of histories for public consumption. The Geography of Injustice offers compelling evidence that despite the passage of seven decades since the end of the war, East Asia is more divided than united by history.
Author : G. Kurt Piehler,Jonathan Grant Publisher : Oxford University Press Page : 721 pages File Size : 41,5 Mb Release : 2023-06 Category : History ISBN : 9780199341795
The Oxford Handbook of World War II by G. Kurt Piehler,Jonathan Grant Pdf
World War II left virtually no nation or corner of the world untouched, dramatically transforming human life and society. It prompted the unprecedented mobilization of whole societies and witnessed a scale of state-sanctioned violence that staggers the imagination, with more than 100 million casualties. The war resulted in an almost complete collapse of any norms geared toward avoiding the unnecessary loss of civilian life and shaped the worldview and psyches of generations. The Oxford Handbook of World War II broadens traditional narratives of the war and in the process changes our understanding of this epic conflict. Organized both chronologically and thematically and with particular attention to the pre- and post-war eras, the Handbook revises and extends existing scholarship. With chapters on the rise and fall of Nazi Germany, the land war in Western Europe, the Battle of Britain, the impact of war on the major combatants (Great Britain, France, the United States, Japan, and China), the Japanese attack on Pearl Harbor, the decision to use the atomic bomb in 1945, and the cultural responses to the war, the chapters span much of the twentieth century. They suggest areas of scholarly consensus, identify interpretative clashes, and propose agendas for further scholarly investigation, with an emphasis on interdisciplinary inquiry. For example, the end of the Cold War had a profound impact on the way World War II was understood. Many formerly closed records in the former Soviet Union and China were opened to scholars, facilitating a more complex view of the Soviet war effort and suggesting that Stalin's army did not simply triumph by overwhelming German forces with sheer numbers but mastered the demands of a vast and logistically demanding front. In conceptualizing the volume, editors Kurt Piehler and Jonathan Grant also sought out contributions on lesser known aspects of the war, such as the Bengal famine in India, the treatment of prisoners of war, the role of Middle Eastern nations, and the activities of non-governmental organizations in ameliorating suffering. Spanning the rise and fall of the Versailles system to the postwar reintegration of veterans and the eventual commemoration of the conflict and its victims, The Oxford Handbook of World War II marks a landmark contribution to the historical literature of war.