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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... and effectiveness in international criminal trials. Such trials must, of course, aspire to a legitimacy that goes beyond the state, particularly when it is the very leaders of that state who may have orchestrated unspeakable acts.
... and effectiveness in international criminal trials. Such trials must, of course, aspire to a legitimacy that goes beyond the state, particularly when it is the very leaders of that state who may have orchestrated unspeakable acts.
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Kirsten Sellars. leaders of that state who may have orchestrated unspeakable acts. At the same time, however, those trials must be sensitive to the local context if their results are to be effective. Unless the population regards the ...
Kirsten Sellars. leaders of that state who may have orchestrated unspeakable acts. At the same time, however, those trials must be sensitive to the local context if their results are to be effective. Unless the population regards the ...
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... acts committed by 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 ...
... acts committed by 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 ...
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... acts, and to punish offenders. 4. Failure to take such appropriate measures as are within his power to control the troops under his command and to prevent acts which are [in] violation of the laws of war. 5. Failure to punish offenders ...
... acts, and to punish offenders. 4. Failure to take such appropriate measures as are within his power to control the troops under his command and to prevent acts which are [in] violation of the laws of war. 5. Failure to punish offenders ...
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... replaced with Article 345.1, which stated, Individuals and organizations who violate the accepted laws and customs of war may be punished therefor. However, the fact that the acts complained of were done pursuant to order of a.
... replaced with Article 345.1, which stated, Individuals and organizations who violate the accepted laws and customs of war may be punished therefor. However, the fact that the acts complained of were done pursuant to order of a.
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