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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... commission. Where there was no proof beyond reasonable doubt that the accused had issued such orders, the court set ... commission thereof. This notice may be either: a. Actual, as in the case of an accused who sees their commission or ...
... commission. Where there was no proof beyond reasonable doubt that the accused had issued such orders, the court set ... commission thereof. This notice may be either: a. Actual, as in the case of an accused who sees their commission or ...
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... commission. 3. Power of command. That is, the accused must be proved to have had actual authority over the offenders to issue orders to them not to commit illegal acts, and to punish offenders. 4. Failure to take such appropriate ...
... commission. 3. Power of command. That is, the accused must be proved to have had actual authority over the offenders to issue orders to them not to commit illegal acts, and to punish offenders. 4. Failure to take such appropriate ...
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... Commission of Jurists, for further advice. In a meeting with the Minister of Law Kamal Hossein, and in a memorandum produced by the Commission, MacDermot urged the establishment of an international court loosely modelled on the ...
... Commission of Jurists, for further advice. In a meeting with the Minister of Law Kamal Hossein, and in a memorandum produced by the Commission, MacDermot urged the establishment of an international court loosely modelled on the ...
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... Commission of Jurists' (22 February 1972): FCO 37/1056, TNA. 46 Garvey (Delhi) (16 March 1972): FCO 37/1056, TNA; International Commission of Jurists, 'Memorandum on the trial of war criminals in Bangladesh' (c. March 1972), pp. 1, 2 ...
... Commission of Jurists' (22 February 1972): FCO 37/1056, TNA. 46 Garvey (Delhi) (16 March 1972): FCO 37/1056, TNA; International Commission of Jurists, 'Memorandum on the trial of war criminals in Bangladesh' (c. March 1972), pp. 1, 2 ...
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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