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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... customary international law.26 From the Soviets' point of view, the legal irregularities could not be allowed to undermine the purpose of the trial, which was to draw attention to those who were not standing in the dock. The prosecution ...
... customary international law.26 From the Soviets' point of view, the legal irregularities could not be allowed to undermine the purpose of the trial, which was to draw attention to those who were not standing in the dock. The prosecution ...
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... customary international law, and if it had, whether this 'war nexus' still existed. The latter question was no clearer more than a decade later, when both the Statute of the International Criminal Tribunal for former Yugloslavia and the ...
... customary international law, and if it had, whether this 'war nexus' still existed. The latter question was no clearer more than a decade later, when both the Statute of the International Criminal Tribunal for former Yugloslavia and the ...
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... law, and first articulated in Prosecutor v. Tadić, this doctrine assumes three forms, which have the same actus reus ... customary international law at the time the crimes were committed in the late 1970s.44 This repudiation of the third ...
... law, and first articulated in Prosecutor v. Tadić, this doctrine assumes three forms, which have the same actus reus ... customary international law at the time the crimes were committed in the late 1970s.44 This repudiation of the third ...
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... customary international law by the time the alleged offences were committed in 1971. (As we have seen, this question continues to exercise legal minds at the ECCC, which addresses crimes committed a few years later.) While this ...
... customary international law by the time the alleged offences were committed in 1971. (As we have seen, this question continues to exercise legal minds at the ECCC, which addresses crimes committed a few years later.) While this ...
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... international criticism on legal grounds from both foreign governments and nongovernmental organisations. Embellishing themes ... customary international law and local statutes. For better or worse, the trials in Asia have operated as ...
... international criticism on legal grounds from both foreign governments and nongovernmental organisations. Embellishing themes ... customary international law and local statutes. For better or worse, the trials in Asia have operated as ...
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