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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... subordinates when engaged in warfare. Sun placed the onus squarely on the shoulders of commanders to impose discipline on their troops or else take responsibility for their actions, and insisted that they should make the best use of ...
... subordinates when engaged in warfare. Sun placed the onus squarely on the shoulders of commanders to impose discipline on their troops or else take responsibility for their actions, and insisted that they should make the best use of ...
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... subordinates. Six defendants were convicted; all were acquitted on appeal. As Mark Cammack shows in his chapter, the ad hoc Court, operating under the nose of the powerful Indonesian military, was engaged in an exceptionally delicate ...
... subordinates. Six defendants were convicted; all were acquitted on appeal. As Mark Cammack shows in his chapter, the ad hoc Court, operating under the nose of the powerful Indonesian military, was engaged in an exceptionally delicate ...
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... subordinates' actions during this period was therefore a retroactive enactment. 'The concept of command responsibility was not defined with sufficient clarity in 1975–79 for liability to be foreseeable to Mr. Ieng Sary,' they wrote ...
... subordinates' actions during this period was therefore a retroactive enactment. 'The concept of command responsibility was not defined with sufficient clarity in 1975–79 for liability to be foreseeable to Mr. Ieng Sary,' they wrote ...
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... subordinate from responsibility. But from 1942 onwards, as German and Japanese atrocities escalated, the Allies began to consider trying subordinates as well. The initial impetus for the recasting of the doctrine seems to have come from ...
... subordinate from responsibility. But from 1942 onwards, as German and Japanese atrocities escalated, the Allies began to consider trying subordinates as well. The initial impetus for the recasting of the doctrine seems to have come from ...
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Kirsten Sellars. a gaping hole in the laws of war concerning the liability of subordinates. Trying. Khmer. Rouge. leaders. While the Geneva negotiations were in progress, the Khmer Rouge took power in Democratic Kampuchea. The Vietnamese ...
Kirsten Sellars. a gaping hole in the laws of war concerning the liability of subordinates. Trying. Khmer. Rouge. leaders. While the Geneva negotiations were in progress, the Khmer Rouge took power in Democratic Kampuchea. The Vietnamese ...
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