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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... Office Assistant UnderSecretary Esler Dening wrote: 'If the tribunal fails to fulfil its task, Western justice will become the laughingstock not only of Japan but of the Far East in general.'13 His colleague Frederick Garner agreed: the ...
... Office Assistant UnderSecretary Esler Dening wrote: 'If the tribunal fails to fulfil its task, Western justice will become the laughingstock not only of Japan but of the Far East in general.'13 His colleague Frederick Garner agreed: the ...
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... trade activity.'22 Yet when Ogden's report was forwarded to London, it elicited a sharp retort from the aforementioned Frederick Garner in the Foreign Office's War Crimes Section: As a matter of fact the Chinese have been quite.
... trade activity.'22 Yet when Ogden's report was forwarded to London, it elicited a sharp retort from the aforementioned Frederick Garner in the Foreign Office's War Crimes Section: As a matter of fact the Chinese have been quite.
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... Pakistan. While Draper was willing to comment on legal questions arising from the draft, he was prepared to offer strategic advice to Bangladesh only in so far as it accorded with Foreign Office policy. (Because of its own role.
... Pakistan. While Draper was willing to comment on legal questions arising from the draft, he was prepared to offer strategic advice to Bangladesh only in so far as it accorded with Foreign Office policy. (Because of its own role.
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Kirsten Sellars. accorded with Foreign Office policy. (Because of its own role at Nuremberg, the United Kingdom could not publicly oppose a tribunal, but was privately opposed to Bangladesh's convening one because it would impose more ...
Kirsten Sellars. accorded with Foreign Office policy. (Because of its own role at Nuremberg, the United Kingdom could not publicly oppose a tribunal, but was privately opposed to Bangladesh's convening one because it would impose more ...
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... Office that there was 'little law in these trials' and that the local Bar was 'rightly agitated about them'.65 Of the Collaborators Order, Maclennan declared a) that it was retrospective; b) that the burden of proof in many cases was on ...
... Office that there was 'little law in these trials' and that the local Bar was 'rightly agitated about them'.65 Of the Collaborators Order, Maclennan declared a) that it was retrospective; b) that the burden of proof in many cases was on ...
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