Trials for International Crimes in AsiaKirsten Sellars Cambridge University Press, 2015 M10 22 The issue of international crimes is highly topical in Asia, with still-resonant claims against the Japanese for war crimes, and deep schisms resulting from crimes in Bangladesh, Cambodia, and East Timor. Over the years, the region has hosted a succession of tribunals, from those held in Manila, Singapore and Tokyo after the Asia-Pacific War to those currently running in Dhaka and Phnom Penh. This book draws on extensive new research and offers the first comprehensive legal appraisal of the Asian trials. As well as the famous tribunals, it also considers lesser-known examples, such as the Dutch and Soviet trials of the Japanese, the Cambodian trial of the Khmer Rouge, and the Indonesian trials of their own military personnel. It focuses on their approach to the elements of international crimes, and their contribution to general theories of liability. In the process, this book challenges some orthodoxies about the development of international criminal law. |
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... Army officers who enjoyed the support of not only their military superiors but also the uniformed cadres packed into the Court's public gallery. In the event, they constructed a weak case on grounds of crimes against humanity, and did ...
... Army officers who enjoyed the support of not only their military superiors but also the uniformed cadres packed into the Court's public gallery. In the event, they constructed a weak case on grounds of crimes against humanity, and did ...
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... Army officers and senior officials who had been swept up by the Soviet forces in Manchuria in 1945 and held in the Soviet Far East before being sent back to China in 1950. Other Japanese remnants had fought on in China as members of ...
... Army officers and senior officials who had been swept up by the Soviet forces in Manchuria in 1945 and held in the Soviet Far East before being sent back to China in 1950. Other Japanese remnants had fought on in China as members of ...
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... Army (1940) stated, 'The order of the commander and the superior is law for the subordinate. He must execute it without reservation, precisely and in time. Failure to execute the order is a crime.'30 But when prosecuting the.
... Army (1940) stated, 'The order of the commander and the superior is law for the subordinate. He must execute it without reservation, precisely and in time. Failure to execute the order is a crime.'30 But when prosecuting the.
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... Army had surrendered to Indian forces in December, the new leader of Bangladesh, Mujibur Rahman, hoping to stop the bloodshed and prevent further communal violence, proposed two sets of trials: one to deal with Pakistanis accused of ...
... Army had surrendered to Indian forces in December, the new leader of Bangladesh, Mujibur Rahman, hoping to stop the bloodshed and prevent further communal violence, proposed two sets of trials: one to deal with Pakistanis accused of ...
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... life. Malik was indicted for waging war against Bangladesh, collaborating with the Pakistan Army and 'creating hatred and disaffection'.59 The Judge, Abdul Hannan Chowdhury, was persuaded neither by his claim that, like other officials, he.
... life. Malik was indicted for waging war against Bangladesh, collaborating with the Pakistan Army and 'creating hatred and disaffection'.59 The Judge, Abdul Hannan Chowdhury, was persuaded neither by his claim that, like other officials, he.
Contents
command responsibility the Tokyo | |
Colonial justice in the Netherlands Indies war crimes | |
The superior orders defence at the postwar trials | |
the Soviet riposte to the Tokyo | |
VALENT YNA POLUNINA | |
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Common terms and phrases
accused acts Amendment argued Army Article atrocities attack Bangladesh British Cambodia charged Chinese civilian Code command responsibility commission common plan conspiracy Convention convicted coperpetration crimes against humanity crimes against peace crimes committed crimes trials criminal responsibility customary international law Damiri December defence counsel doctrine domestic Dutch East Timor ECCC established evidence example execution forces genocide Groot guilty Human Rights Court Ibid ICTY Ieng Sary Indictment Indonesian International Criminal Court international criminal law International Military Tribunal investigation issue Japan Japanese war criminals joint criminal enterprise judges jurisprudence justice Khabarovsk Khmer Rouge killing leaders mens rea military law modes of liability Mujahid murder Netherlands Indies Nuon offences Office organisation Pakistan pars participation People’s Republic perpetrators person plea political postwar PreTrial Chamber principle prisoners prosecution Prosecutor punishment Rome Statute sentence subordinates superior orders superior responsibility Tokyo Tribunal troops UNWCC war crimes Yamashita