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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... offence.) Judges at the current ad hoc tribunals have paid no attention to these sources, despite their having been easily accessible for decades. (Röling and Bernard's dissents were published in 1977, and Pal's dissent was published ...
... offence.) Judges at the current ad hoc tribunals have paid no attention to these sources, despite their having been easily accessible for decades. (Röling and Bernard's dissents were published in 1977, and Pal's dissent was published ...
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... offences [war crimes] in case they are committed under the orders or sanction of their government or commanders.'33 This was rescinded and replaced with Article 345.1, which stated, Individuals and organizations who violate the accepted ...
... offences [war crimes] in case they are committed under the orders or sanction of their government or commanders.'33 This was rescinded and replaced with Article 345.1, which stated, Individuals and organizations who violate the accepted ...
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... offences committed in violation of the provisions of the Convention on the Prevention and punishment of the Crime of Genocide (1948) and also in violation of the United Nations Human Rights, 1946.51 (e) Wilful destruction of public and ...
... offences committed in violation of the provisions of the Convention on the Prevention and punishment of the Crime of Genocide (1948) and also in violation of the United Nations Human Rights, 1946.51 (e) Wilful destruction of public and ...
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... offences were committed in 1971. (As we have seen, this question continues to exercise legal minds at the ECCC, which addresses crimes committed a few years later.) While this discussion was in progress the other trial programme ...
... offences were committed in 1971. (As we have seen, this question continues to exercise legal minds at the ECCC, which addresses crimes committed a few years later.) While this discussion was in progress the other trial programme ...
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... offence leading to a minimum of three years imprisonment.66 The following year, the government passed the 'International Crimes (Tribunals) Act, 1973'. This too bore the hallmarks of the Nuremberg Charter: it covered crimes against ...
... offence leading to a minimum of three years imprisonment.66 The following year, the government passed the 'International Crimes (Tribunals) Act, 1973'. This too bore the hallmarks of the Nuremberg Charter: it covered crimes against ...
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