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. |
From inside the book
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... troops or else take responsibility for their actions, and insisted that they should make the best use of information and resources that came their way, so as not to prolong conflict unnecessarily – for to do otherwise would be inhumane ...
... troops or else take responsibility for their actions, and insisted that they should make the best use of information and resources that came their way, so as not to prolong conflict unnecessarily – for to do otherwise would be inhumane ...
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... troops.2 The following month, American war crimes investigators, who had arrived in Saigon with the intention of arresting members of the Japanese Kempeitai for war crimes, postponed their plans when they discovered that the French ...
... troops.2 The following month, American war crimes investigators, who had arrived in Saigon with the intention of arresting members of the Japanese Kempeitai for war crimes, postponed their plans when they discovered that the French ...
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... troops under his command. A defence appeal to the US Supreme Court produced a majority opinion upholding the Judgment and two famous dissents from Justices Wiley Rutledge and Frank Murphy, who described its deployment of the doctrine as ...
... troops under his command. A defence appeal to the US Supreme Court produced a majority opinion upholding the Judgment and two famous dissents from Justices Wiley Rutledge and Frank Murphy, who described its deployment of the doctrine as ...
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... troops under the accused's command and, second, that the accused had ordered their commission. Where there was no proof beyond reasonable doubt that the accused had issued such orders, the court set out five criteria for a finding of ...
... troops under the accused's command and, second, that the accused had ordered their commission. Where there was no proof beyond reasonable doubt that the accused had issued such orders, the court set out five criteria for a finding of ...
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... troops under his command and to prevent acts which are [in] violation of the laws of war. 5. Failure to punish offenders.8 Setting aside command responsibility for the moment, the Toyoda trial also demonstrated how the Allies saw ...
... troops under his command and to prevent acts which are [in] violation of the laws of war. 5. Failure to punish offenders.8 Setting aside command responsibility for the moment, the Toyoda trial also demonstrated how the Allies saw ...
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