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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... Conventions after the Vietnam War, and finally deployed at the recent trials at Jakarta, Dili, Phnom Penh and Dhaka to deal with violence of a noninternational character. The first postwar development occurred at the 1945 trial ...
... Conventions after the Vietnam War, and finally deployed at the recent trials at Jakarta, Dili, Phnom Penh and Dhaka to deal with violence of a noninternational character. The first postwar development occurred at the 1945 trial ...
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... Convention, which set out the duties of occupying armies, including the preservation of life, and under the 1929 Geneva Convention, which set out the duties of states towards prisoners of war. The charge of employment of bacteriological ...
... Convention, which set out the duties of occupying armies, including the preservation of life, and under the 1929 Geneva Convention, which set out the duties of states towards prisoners of war. The charge of employment of bacteriological ...
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... Conventions – while recognising that an international standard on superior orders would be an improvement on the vagaries of the domestic penal laws of a detaining power – were still unable to agree a suitable formula. They eventually ...
... Conventions – while recognising that an international standard on superior orders would be an improvement on the vagaries of the domestic penal laws of a detaining power – were still unable to agree a suitable formula. They eventually ...
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... Convention.36 Why, then, did the prosecution focus on genocide rather than on crimes against humanity, which was a more capacious charge with a lower threshold of intent? The most likely explanation is that genocide was codified by the ...
... Convention.36 Why, then, did the prosecution focus on genocide rather than on crimes against humanity, which was a more capacious charge with a lower threshold of intent? The most likely explanation is that genocide was codified by the ...
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... Convention), and in absentia trials of, for example, former Pakistani President Yahya Khan and General Tikka Khan.45 The following month it approached, among others, Niall MacDermot, the British SecretaryGeneral of the International ...
... Convention), and in absentia trials of, for example, former Pakistani President Yahya Khan and General Tikka Khan.45 The following month it approached, among others, Niall MacDermot, the British SecretaryGeneral of the International ...
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