Australia's War Crimes Trials 1945-51

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Publisher : BRILL
ISBN 13 : 9004292055
Total Pages : 911 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Australia's War Crimes Trials 1945-51 by : Georgina Fitzpatrick

Download or read book Australia's War Crimes Trials 1945-51 written by Georgina Fitzpatrick and published by BRILL. This book was released on 2016-08-29 with total page 911 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique volume provides a detailed analysis of Australia’s 300 war crimes trials of principally Japanese accused conducted in the immediate aftermath of the Second World War. Part I contains contextual essays explaining why Australia established military courts to conduct these trials and thematic essays considering various legal issues in, and historical perspectives on, the trials. Part II offers a comprehensive collection of eight location essays, one each for the physical locations where the trials were held. In Part III post-trial issues are reviewed, such as the operation of compounds for war criminals; the repatriation of convicted Japanese war criminals to serve the remainder of their sentences; and reflections of some of those convicted on their experience of the trials. In the final essay, a contemporary reflection on the fairness of the trials is provided, not on the basis of a twenty-first century critique of contemporary minimum standards of fair trial expected in the prosecution of war crimes, but by reviewing approaches taken in the trials themselves as well as from reactions to the trials by those associated with them. The essays are supported by a large collection of unique historical photographs, maps and statistical materials. There has been no systematic and comprehensive analysis of these trials so far, which has meant that they are virtually precluded from consideration as judicial precedent. This volume fills that gap, and offers scholars and practitioners an important and groundbreaking resource.

Law Reports of the Australian War Crimes Trials 1945-1951

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Author :
Publisher : Brill Nijhoff
ISBN 13 : 9789004683341
Total Pages : 0 pages
Book Rating : 4.6/5 (833 download)

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Book Synopsis Law Reports of the Australian War Crimes Trials 1945-1951 by :

Download or read book Law Reports of the Australian War Crimes Trials 1945-1951 written by and published by Brill Nijhoff. This book was released on 2024-03-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is volume 1 of a new, 5-volume reference work which rectifies a lamentable gap in access to rich war crimes trial jurisprudence from the post-World War II era. It offers a comprehensive collection of the Law Reports of the 300 Australian Military Courts trials held between 1945-1951, together with location essays on their background and relevance. Launched at a propitious time in which Australia is engaged in a significant criminal investigation of alleged ADF war crimes in Afghanistan, it will be of lasting value both within Australia and outside it in the wider realm of international criminal law. Many other Allied nations conducted their own military trials in both the European and Pacific theatres post-WWII, and the Australian experience, documented in these unique volumes, offers an important template for other national initiatives of this kind. The collection supplies i.a. trial transcripts and analysis of prosecution and defense arguments, relevant legal issues, judgments and sentences. It is a rich and unrivalled resource for historians and scholars as well as practitioners of international criminal law.

Hong Kong's War Crimes Trials

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199643288
Total Pages : 295 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Hong Kong's War Crimes Trials by : Suzannah Linton

Download or read book Hong Kong's War Crimes Trials written by Suzannah Linton and published by Oxford University Press, USA. This book was released on 2013-09-26 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immediately after the Second World War 46 trials were held by the British military in Hong Kong in which 123 defendants, mainly from Japan, were tried for war crimes. This book is the first to analyze these trials, situating them within their historical context and showing their importance for the development of international criminal law.

Japanese War Criminals

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Publisher : Columbia University Press
ISBN 13 : 0231542682
Total Pages : 436 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Japanese War Criminals by : Sandra Wilson

Download or read book Japanese War Criminals written by Sandra Wilson and published by Columbia University Press. This book was released on 2017-02-14 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.

Justice in Asia and the Pacific Region, 1945–1952

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316300064
Total Pages : 289 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis Justice in Asia and the Pacific Region, 1945–1952 by : Yuma Totani

Download or read book Justice in Asia and the Pacific Region, 1945–1952 written by Yuma Totani and published by Cambridge University Press. This book was released on 2015-02-16 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores a cross-section of war crimes trials that the Allied powers held against the Japanese in the aftermath of World War II. More than 2,240 trials against some 5,700 suspected war criminals were carried out at 51 separate locations across the Asia Pacific region. This book analyzes fourteen high-profile American, Australian, British, and Philippine trials, including the two subsequent proceedings at Tokyo and the Yamashita trial. By delving into a large body of hitherto underutilized oral and documentary history of the war as contained in the trial records, Yuma Totani illuminates diverse firsthand accounts of the war that were offered by former Japanese and Allied combatants, prisoners of war, and the civilian population. Furthermore, the author makes a systematic inquiry into select trials to shed light on a highly complex - and at times contradictory - legal and jurisprudential legacy of Allied war crimes prosecutions.

Historical Origins of International Criminal Law

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Author :
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081139
Total Pages : 814 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis Historical Origins of International Criminal Law by : Morten Bergsmo

Download or read book Historical Origins of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2014-12-12 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt: The historical origins of international criminal law go beyond the key trials of Nuremberg and Tokyo but remain a topic that has not received comprehensive and systematic treatment. This anthology aims to address this lacuna by examining trials, proceedings, legal instruments and publications that may be said to be the building blocks of contemporary international criminal law. It aspires to generate new knowledge, broaden the common hinterland to international criminal law, and further develop this relatively young discipline of international law. The anthology and research project also seek to question our fundamental assumptions of international criminal law by going beyond the geographical, cultural, and temporal limits set by the traditional narratives of its history, and by questioning the roots of its substance, process, and institutions. Ultimately, we hope to raise awareness and generate further discussion about the historical and intellectual origins of international criminal law and its social function. The contributions to the three volumes of this study bring together experts with different professional and disciplinary expertise, from diverse continents and legal traditions. Volume 2 comprises contributions by prominent international lawyers and researchers including Professor LING Yan, Professor Neil Boister, Professor Nina H.B. Jørgensen, Professor Ditlev Tamm and Professor Mark Drumbl.

The Hidden Histories of War Crimes Trials

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199671141
Total Pages : 494 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Hidden Histories of War Crimes Trials by : Kevin Heller

Download or read book The Hidden Histories of War Crimes Trials written by Kevin Heller and published by Oxford University Press, USA. This book was released on 2013-10 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several war crimes trials are well-known to scholars, but others have received far less attention. This book assesses a number of these little-studied trials to recognise institutional innovations, clarify doctrinal debates, and identify their general relevance to the development of international criminal law.

The Japanese On Trial

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Author :
Publisher : University of Texas Press
ISBN 13 : 0292758278
Total Pages : 309 pages
Book Rating : 4.2/5 (927 download)

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Book Synopsis The Japanese On Trial by : Philip R. Piccigallo

Download or read book The Japanese On Trial written by Philip R. Piccigallo and published by University of Texas Press. This book was released on 2013-08-26 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive treatment of post–World War II Allied war crimes trials in the Far East is a significant contribution to a neglected subject. While the Nuremberg and, to a lesser degree, Tokyo tribunals have received considerable attention, this is the first full-length assessment of the entire Far East operation, which involved some 5,700 accused and 2,200 trials. After discussing the Tokyo trial, Piccigallo systematically examines the operations of each Allied nation, documenting procedure and machinery as well as the details of actual trials (including hitherto unpublished photographs) and ending with a statistical summary of cases. This study allows a completely new assessment of the Far East proceedings: with a few exceptions, the trials were carefully and fairly conducted, the efforts of defense counsel and the elaborate review procedures being especially noteworthy. Piccigallo’s approach to this emotion-filled subject is straightforward and evenhanded throughout. He concludes with a discussion of the broader implications of such war crimes trials, a matter of interest to the general reader as well as to specialists in history, law, and international affairs.

The Australian Pursuit of Japanese War Criminals, 1943–1957

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Author :
Publisher : Hong Kong University Press
ISBN 13 : 9888390724
Total Pages : 179 pages
Book Rating : 4.8/5 (883 download)

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Book Synopsis The Australian Pursuit of Japanese War Criminals, 1943–1957 by : Dean Aszkielowicz

Download or read book The Australian Pursuit of Japanese War Criminals, 1943–1957 written by Dean Aszkielowicz and published by Hong Kong University Press. This book was released on 2017-09-05 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Debating Collaboration and Complicity in War Crimes Trials in Asia, 1945-1956

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Author :
Publisher : Springer
ISBN 13 : 3319531417
Total Pages : 196 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Debating Collaboration and Complicity in War Crimes Trials in Asia, 1945-1956 by : Kerstin von Lingen

Download or read book Debating Collaboration and Complicity in War Crimes Trials in Asia, 1945-1956 written by Kerstin von Lingen and published by Springer. This book was released on 2017-08-14 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume examines the nexus between war crimes trials and the pursuit of collaborators in post-war Asia. Global standards of behaviour in time of war underpinned the prosecution of Japanese military personnel in Allied courts in Asia and the Pacific. Japan’s contradictory roles in the Second World War as brutal oppressor of conquered regions in Asia and as liberator of Asia from both Western colonialism and stultifying tradition set the stage for a tangled legal and political debate: just where did colonized and oppressed peoples owe their loyalties in time of war? And where did the balance of responsibility lie between individuals and nations? But global standards jostled uneasily with the pluralism of the Western colonial order in Asia, where legal rights depended on race and nationality. In the end, these limits led to profound dissatisfaction with the trials process, despite its vast scale and ambitious intentions, which has implications until today.

Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements

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Author :
Publisher : Taylor & Francis
ISBN 13 : 131715715X
Total Pages : 242 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements by : Brian Christopher Jones

Download or read book Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements written by Brian Christopher Jones and published by Taylor & Francis. This book was released on 2017-03-27 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia’s, and especially Taiwan and Hong Kong’s, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.

Witnessing the Witness of War Crimes, Mass Murder, and Genocide

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Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110771381
Total Pages : 278 pages
Book Rating : 4.1/5 (17 download)

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Book Synopsis Witnessing the Witness of War Crimes, Mass Murder, and Genocide by : Manuela Consonni

Download or read book Witnessing the Witness of War Crimes, Mass Murder, and Genocide written by Manuela Consonni and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-07-24 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking the concepts of "witnessing" and "witness" is highly relevant to the study of war crimes, mass murder and genocide. Through multiple readings, the volume shows the meanings and functions of witnessing in a political and historical context marked by the emergence of multiculturalism. The ultimate goal is the exploration of divergent and intersectional positions of the witness and witnessing as both concrete and hermeneutical categories. As a result, the mechanisms of social, political, and psychological oppression, murder and genocide will become tangible and understandable with greater precision and finesse.

Transcultural Justice at the Tokyo Tribunal

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Author :
Publisher : BRILL
ISBN 13 : 9004361057
Total Pages : 330 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Transcultural Justice at the Tokyo Tribunal by :

Download or read book Transcultural Justice at the Tokyo Tribunal written by and published by BRILL. This book was released on 2018-03-06 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the International Military Tribunal at Nuremberg has been at the centre of scholarly attention, the Tokyo Tribunal has for decades been largely neglected. This is surprising insofar as this tribunal was a well-organized Allied endeavour and prefigured the international courts and tribunals of our day. Eleven national teams were sent to Tokyo between 1946 and 1948 to bring about justice in the aftermath of the Pacific War. This volume offers an innovative approach to the Tokyo Tribunal as an arena of transcultural engagement. It contextualizes legal agents as products of transnational forces, constituted through dialogues about legal concepts and processes of faction-making. The endeavour was challenged by different national policies, divergent legal traditions, and varying cultural perceptions of the task ahead. Contributors are Milinda Banerjee, Anja Bihler, Neil Boister, David M. Crowe, Kerstin von Lingen, Narrelle Morris, Hitoshi Nagai, Valentyna Polunina, Ann-Sophie Schoepfel, Lisette Schouten, James Burnham Sedgwick, Yuki Takatori and Urs Matthias Zachmann.

Digest of International Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 1042 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Digest of International Law by : Marjorie Millace Whiteman

Download or read book Digest of International Law written by Marjorie Millace Whiteman and published by . This book was released on 1968 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Court as Archive

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Publisher : ANU Press
ISBN 13 : 1760462713
Total Pages : 305 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis The Court as Archive by : Ann Genovese

Download or read book The Court as Archive written by Ann Genovese and published by ANU Press. This book was released on 2019-02-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until the late 20th century, ‘an archive’ generally meant a repository for documents, as well as the generic name for the wide range of documents the repository might hold. An archive could be visited, and then also searched, to discover past actions or lives that had meaning for the present. While historians and historiographers have long understood the contests that archives contain and represent, the very idea of ‘the archive’ has, over the last 40 years, become the subject and object of widening and intensified consideration. This consideration has been intellectual (from scholars in a wide range of disciplines) and public (from communities and individuals whose stories are held captive, or sometimes hidden or excluded from official archives), as well as institutional. It has involved scrutiny and critique of official archives’ limitations and practices, as well as symbolic, affective and theoretical expansion and heightened expectation of what ‘the archive’ is or should be. The very language of ‘the archive’ now carries freight as administrative practice, normative value, metaphor, description and aspiration in different ways than it did in the 20th century. This collection offers a unique contribution to these reinvigorated and sometimes new conversations about what an archive might be, what it can do as a consequence, and to whom it bears custodial responsibilities. In particular, this collection addresses what it means for contemporary Australian superior courts of record to not only have constitutional and procedural duties to documents as a matter of law, but also to acknowledge obligations to care for those materials in a way that understands their public meaning and public value for the Australian people, in the past, in the present and for the future.

Justice In Arms

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Author :
Publisher : Simon and Schuster
ISBN 13 : 1922132519
Total Pages : 469 pages
Book Rating : 4.9/5 (221 download)

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Book Synopsis Justice In Arms by : Australian Army Legal Corps

Download or read book Justice In Arms written by Australian Army Legal Corps and published by Simon and Schuster. This book was released on 2014-01-05 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice in Arms brings to life a fascinating and important element of Australia’s legal history — the role of Army legal officers in Australia and in expeditionary operations from the Boer War until 2000. This is a comprehensive and absorbing history which describes the dynamic interaction of institutional and political imperatives and the personalities who managed this interaction over the decades. It is populated by colourful characters and legal luminaries and demonstrates that military justice is rightly concerned with discipline and cohesiveness. Reflecting broader societal norms, it is also concerned with the rule of law and respect for the rights, liberties and fair treatment of those who serve in the armed forces. Justice in Arms describes the extraordinary contribution of Army legal officers to both the profession of arms and the development of the law, charting the evolving personal and structural relationships between Army legal officers and command dictated by the changing legal needs of the Army and the broader Australian Defence Force. Today Army legal officers apply, adapt and shape the law to meet evolving needs in peacetime and during armed conflict and peace operations, ensuring the legitimacy of military action and the maintenance of domestic and international support for national objectives.

International Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108677215
Total Pages : 876 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis International Law by : Donald R Rothwell

Download or read book International Law written by Donald R Rothwell and published by Cambridge University Press. This book was released on 2018-08-29 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, International Law: Cases and Materials with Australian Perspectives remains an authoritative textbook on international law for Australian students. With a strong focus on Australian practice and interpretation, the text examines how international law is developed, implemented and interpreted within the international community and considers new and developing approaches within this field. This edition has been comprehensively updated to address recent developments in international law. The selection of cases and materials provides a thorough coverage of core areas and addresses a range of contemporary challenges, including climate change, human rights, nuclear proliferation and the South China Sea. A new chapter on international trade law reflects the growing importance of this body of law in Australian practice. Guiding commentary provides a rigorous analysis of key principles. Written by a team of experts with substantial experience in this field, International Law is an essential resource for students.