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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... Yamashita Tomoyuki, Toyoda Soemu and the Tokyo Tribunal defendants after the AsiaPacific War. It was redeployed at the American Medina case in the wake of the My Lai massacre, then inserted into Additional Protocol I of the Geneva ...
... Yamashita Tomoyuki, Toyoda Soemu and the Tokyo Tribunal defendants after the AsiaPacific War. It was redeployed at the American Medina case in the wake of the My Lai massacre, then inserted into Additional Protocol I of the Geneva ...
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... Yamashita case. He wrote, 'Of course, the charges against Yamashita that he failed to prevent atrocities went somewhat beyond our Nurnberg precedent, in which we prosecuted only those who had affirmatively ordered or incited atrocities ...
... Yamashita case. He wrote, 'Of course, the charges against Yamashita that he failed to prevent atrocities went somewhat beyond our Nurnberg precedent, in which we prosecuted only those who had affirmatively ordered or incited atrocities ...
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... Yamashita, Toyoda, and Tokyo judgments.16 These are important sources, but as Robert Cryer shows in his chapter, there are equally significant, but overlooked, appraisals of the command responsibility doctrine to be found within the ...
... Yamashita, Toyoda, and Tokyo judgments.16 These are important sources, but as Robert Cryer shows in his chapter, there are equally significant, but overlooked, appraisals of the command responsibility doctrine to be found within the ...
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... Yamashita, with its nebulous approach to mens rea, and Toyoda, with its jarring invocations of 'civilisation' – are scarcely an improvement. None had impeccable credentials, and none provided all the answers, but modern jurisprudence is ...
... Yamashita, with its nebulous approach to mens rea, and Toyoda, with its jarring invocations of 'civilisation' – are scarcely an improvement. None had impeccable credentials, and none provided all the answers, but modern jurisprudence is ...
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... Yamashita, 327 US 1 (1946), 51, 40. 6 Jackson to Lyon (11 July 1950): Box 113, Jackson Papers, Library of Congress. 7 Ibid. 8 'Judgement of the GHQ War Crimes Tribunal in the Case of U.S.A. v. Toyoda Soemu' (Tokyo: General Headquarters ...
... Yamashita, 327 US 1 (1946), 51, 40. 6 Jackson to Lyon (11 July 1950): Box 113, Jackson Papers, Library of Congress. 7 Ibid. 8 'Judgement of the GHQ War Crimes Tribunal in the Case of U.S.A. v. Toyoda Soemu' (Tokyo: General Headquarters ...
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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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