Download or read book Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2011 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. Attorney General Holder¿s decision to try certain detainees in federal criminal court, including those accused of conspiring to commit the 9/11 terrorist attacks, and to try other detainees by military commission, has focused attention on the procedural differences between trials in federal court and those conducted under the Military Commissions Act. Others have praised the decision as recognizing the efficacy and fairness of the federal court system. This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a table comparing selected military commissions rules under the Military Commissions Act, to the corresponding rules that apply in federal court. Tables.

Download or read book Secret Trials and Executions written by Barbara Olshansky and published by Seven Stories Press. This book was released on 2011-01-04 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the attacks of September 11th, there has been a sweeping revision of U.S. immigration laws, foreign intelligence gathering operations, and domestic law enforcement procedures. While aimed at countering terrorism and bringing to justice those individuals who are responsible for carrying out acts of terror against the U.S., many of these measures also involve a profound curtailment of our constitutional rights and liberties. Among the most controversial of the new measures is the unprecedented order authorizing the creation of special military tribunals to try non-citizens suspected of terrorism. In Secret Trials and Executions, Olshansky helps us step back for a moment to assess several of the Bush Administration's 2001 policy pronouncements, and examine how the Constitution addresses the cardinal issues of military authority and the requirements of due process and equal protection under the law, and how the courts and Congress have defined the proper roles of the executive, legislative, and judicial branches in our federal government. To provide a framework for this analysis, Olshansky looks at the history of military tribunals, whether the current situation warrants the type of forum proposed by the president, the official positions that our government has taken with regard to the use of military tribunals by other nations, the legal basis for the specific form of military tribunal that is established by the Military Order, what alternatives exist to bring to justice those who may be guilty of such crimes, what constitutional principles are at stake in this decision, and what the decision to use military tribunals will mean in terms of this country's credibility and moral authority in the international arena.

Download or read book Final Report to the Secretary of the Army on Nuernberg War Crimes Trials Under Control Council Law No 10 written by Germany (Territory under Allied occupation, 1945-1955 : U.S. Zone). Office of Military Government. Office, Chief of Counsel for War Crimes and published by . This book was released on 1950 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available on the Military Legal Resources website.

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.

Download or read book War Crimes Trial written by Fouad Sabry and published by One Billion Knowledgeable. This book was released on 2024-06-23 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is War Crimes Trial A trial for war crimes is a trial that is held for individuals who are accused of committing criminal violations of the laws and customs of war as well as related principles of international law while they were engaged in armed conflict. How you will benefit (I) Insights, and validations about the following topics: Chapter 1: War crimes trial Chapter 2: Nuremberg trials Chapter 3: War crime Chapter 4: Crimes against humanity Chapter 5: Nuremberg principles Chapter 6: International Military Tribunal for the Far East Chapter 7: Anton Dostler Chapter 8: War of aggression Chapter 9: Nuremberg Charter Chapter 10: Subsequent Nuremberg trials (II) Answering the public top questions about war crimes trial. Who this book is for Professionals, undergraduate and graduate students, enthusiasts, hobbyists, and those who want to go beyond basic knowledge or information for any kind of War Crimes Trial.

Download or read book Records of the United States Army War Crimes Trials written by United States. National Archives and Records Service and published by . This book was released on 1981 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the microfilm collection of the same title which is available in the library (M-film JX 5441 H35A35 1980 WEB).

Download or read book Law Reports of Trials of War Criminals written by The United Nations War Crimes Commission and published by . This book was released on 2013-07-24 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 15-volume series summarizes the course of the more important proceedings taken against individuals accused of war crimes during World War II, excluding the major war criminals tried by the Nuremberg and Tokyo International Military Tribunals. These representative trials of war criminals were selected for this series based on the major points of municipal and international law that were raised and settled during the trials as well as the potential for the greatest legal interest. For example, Volume 4 includes the trial of General Tomoyuki Yamashita (PDF). Each volume begins with a unique introduction by the Right Honorable Lord Wright of Durley, Chairman of the United Nations War Crimes Commission. At the end of World War I, as everybody knows, there were admirable declarations that war crimes would be punished, and lists of criminals were prepared by a fact-finding committee, but nothing practical was effected towards identifying, tracing and apprehending accused individuals or puttingthem on trial, though an excellent report, with lists of war crimes, was prepared by the Commission on Responsibilities already referred to. The whole thing was abandoned after a few unsatisfactory trials, though at least one useful judgment was produced by the Leipzig Court in the Llandovery Castle case, and though the Leipzig cases (as they have been called) showedhow hopeless it was to expect justice in these circumstances from the courts of the Reich. Hence it came about that the victorious Allies after WorldWar II decided to try war criminals themselves, adopting either the system of the military courts or that of the national courts. They refused to think that Allied courts could not be impartial. Their decision has been amply justified by the trials that have been held. The International MilitaryTribunals, held one at Nuremberg and the other at Tokyo, stand as convincing proofs that impartial justice can in this way be administered. Thishas also been shown by the military and the national courts which have held hundreds of trials, a selection from which is contained in these volumes.The presence of neutral judges has been shown to be not essential to maintain a high standard of impartiality and this was in fact fortunate under thecircumstances, because neutral judges were in fact not available. Nor had the accused any legal right to object to being tried by such courts; all the accused were entitled to was a fair trial and that they got. Also, as I have stated, the types of courts employed were those traditionally recognised by International Law as competent for war crime trials.

Download or read book Law Reports of Trials of War Criminals written by United Nations War Crimes Commission and published by . This book was released on 2013-07-21 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 15-volume series summarizes more important proceedings taken against individuals accused of war crimes during World War II, excluding the major war criminals tried by the Nuremberg and Tokyo International Military Tribunals. These representative were selected for this series based on the major points of municipal and international law that were raised and settled during the trials as well as the potential for the greatest legal interest. For example, Volume 4 includes the trial of General Tomoyuki Yamashita (PDF). Each volume begins with a unique introduction by the Right Honorable Lord Wright of Durley, Chairman of the United Nations War Crimes Commission. I have been asked to contribute a Foreword to the first volume of Law Reports on Trials of War Crimes which are being selected and prepared by the United Nations War Crimes Commission, of which I am Chairman. The Commission in producing and publishing these law reports is fulfilling the duty assigned to it. The Commission is primarily concerned with criminals who fall within the first category under the Moscow Declaration of October 30th, 1943. This category may generally be defined to be that embracing particular individuals who have committed offences against the laws of war and whose offences can be ascribed to a particular location. These are sometimes called "minor war criminals," but that is a misleading term because of the enormity and scope of the crimes committed, which really include all war crimes except those that were charged at the Nuremberg and Tokyo trials and are described as crimes which have no particular geographical location. The Declaration distinguished these two categories for the purpose of providing how they were to be punished. The latter, the" major war criminals," were to be punished by joint decision of the governments of the Allies and the joint decision has resulted in the Nuremberg trial and the Tokyo trial. The former category were dealt with in the Moscow Declaration by providing that Germans who took part in the various atrocities referred' to were to be brought back to the scene of their crimes and tried on the spot by the peoples whom they have outraged. The Commission has not been concerned directly, though it has been concerned indirectly, in the crimes which were charged in the proceedings at Nuremberg and Tokyo, but it has had very close relations with the cases of what have been called the" minor criminals." The trials of that class of offenders constitute the subject of these reports. In the present volume, which was sent to press before the judgment of the International Military Tribunal at Nuremberg was promulgated, there are reports of six cases tried by British Military Courts and three cases tried by United States Military Commissions. I shall not attempt to deal with the details of these cases, which included offences against prisoners of war, slaughter of mariners attempting to escape from a torpedoed ship, poison gas used on inmates of concentration camps, killing on a large scale by poison administered by medical personnel in a sanatorium, and similar crimes. It will be observed that in all these cases prosecutions were brought and conducted by the military authorities. The courts were constituted from serving officers of the two armies respectively with the exception of two instances, the Peleus and the Almelo cases, where the military courts were mixed in their composition. In the Peleus case the tribunal included Greek as well as British officers, and in the Almelo case Dutch as well as British officers. Most of these cases are dealing with offences committed against members of the military forces of the respective nation. In later volumes it is hoped to include reports of the trials of Germans accused of crimes in concentration camps. It was not found possible for technical reason to include in the present volume reports of French cases, but that defect will, it is hoped, be remedied in the following volumes.

Download or read book Military Justice written by United States. Department of the Army and published by . This book was released on 1978 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Military Judges Benchbook written by United States. Department of the Army and published by . This book was released on 1982 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Download or read book War Crimes Trials written by The Jude The Jude Advocate Generals School and published by CreateSpace. This book was released on 2015-04-16 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The newly arrived Army Judge Advocate officer in Viet-Nam read through the two war crimes files assigned to him to prosecute as capital offenses before US military tribunals. The offenses had taken place in South Viet-Namese territory during the time of US military assistance to defend against the armed aggression from North Viet-Nam.'The first file concerned the murder of a village chief, his wife and three children, and two teachers by two members of the North Viet-Nan army. The second file reflected that a US Army batallion commander had been fatally shot in his sleep by three guerallas who had posed as indigenous mess hall employees, thereby gaining admission to the compound early one morning and thereafter entering the victim's tent where he slept. The files contained both sworn and unsworn statements from witnesses, mostly regarding hearsay matters; depositions from several villagers and from some US military personnel who had been reassigned to either the US or Europe or had been discharged; and sworn statements from the four accused in custody which the CID, in cooperation with the Viet- Namese authorities, had obtained. The fifth accused, one of the guerrillas had fled to a neighboring state. The trials had been authorized by higher headquarters and qualified US Amy counsel had been assigned to represent the five defendants and interpreters provided to each accused or his counsel.

Download or read book Atrocities on Trial written by Patricia Heberer and published by U of Nebraska Press. This book was released on 2008-04-01 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays are organised into four sections, dealing with the history of war crime trials from Weimar Germany to just after World War II, the sometimes diverging Allied attempts to come to terms with the Nazi concentration camp system, the ability of postwar societies to confront war crimes of the past and the legacy of war crime trials.

Download or read book Hong Kong s War Crimes Trials written by Suzannah Linton and published by OUP Oxford. This book was released on 2013-09-26 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the aftermath of the Second World War, the British military held 46 trials in Hong Kong in which 123 defendants, from Japan and Formosa (Taiwan), were tried for war crimes. This book provides the first comprehensive legal analysis of these trials. The subject matter of the trials spanned war crimes committed during the fall of Hong Kong, its occupation, and in the period after the capitulation following the nuclear bombings of Hiroshima and Nagasaki, but before the formal surrender. They included killings of hors de combat, abuses in prisoner-of-war camps, abuse and murder of civilians during the military occupation, forced labour, and offences on the High Seas. The events adjudicated included those from Hong Kong, China, Japan, the High Seas, and Formosa (Taiwan). Taking place in the same historical period as the more famous Nuremberg and Tokyo trials, the Hong Kong war crimes trials provide key insights into events of the time, and the development of international criminal law and procedure in this period. A team of experts in international criminal law examine these trials in detail, placing them in their historical context, investigating how the courts conducted their proceedings and adjudicated acts alleged to be war crimes, and evaluating the extent to which the Hong Kong trials contributed to the development of contemporary issues, such as joint criminal enterprise and superior orders. There is also comparative analysis with contemporaneous proceedings, such as the Australian War Crimes trials, trials in China, and those conducted by the British in Singapore and Germany, placing them within the wider history of international justice. This book is essential reading for anyone interested in the development of international criminal law and procedure.

Download or read book A History of War Crimes Trials in Post 1945 Asia Pacific written by Zhaoqi Cheng and published by Springer. This book was released on 2019-06-06 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by the Director of the Tokyo Trial Research Centre at China's Shanghai Jiao Tong University, this book provides a unique analysis of war crime trials in Asia-Pacific after World War II. It offers a comprehensive review of key events during this period, covering preparations for the Trial, examining the role of the War Crimes Commission of the United Nations as well as offering a new analysis of the trial itself. Addressing the question of conventional war crimes, crimes against humanity, crimes against peace (such as the Pearl Harbor Incident) and violations of warfare law, it follows up with a discussion of post-trial events and the fate of war criminals on trial. Additionally, it examines other Japanese war crime trials which happened in Asia, as well as considering the legacy of the Tokyo trial itself, and the foundation of a new Post-War International Order in East Asia.

Download or read book Military Crimes and Defenses written by David A. Schlueter and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judgment at Tokyo written by Timothy P. Maga and published by University Press of Kentucky. This book was released on 2001 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years since the Japanese war crimes trials concluded, the proceedings have been colored by charges of racism, vengeance, and guilt. In this book, Tim Maga contends that in the trials good law was practiced and evil did not go unpunished. The defendants ranged from lowly Japanese Imperial Army privates to former prime ministers. Since they did not represent a government for which genocide was a policy pursuit, their cases were more difficult to prosecute than those of Nazi war criminals. In contrast to Nuremberg, the efforts in Tokyo, Guam, and other locations throughout the Pacific received little attention by the Western press. Once the Cold War began, America needed Pacific allies and the atrocities committed by Japanese soldiers throughout the 1930s and early 1940s were rarely mentioned. The trials were described as phony justice and "Japan bashing". Keenan and his compatriots adopted criminal court tactics and established precedents in the conduct of war crimes trials that still stand today. Maga reviews the context for the trials, recounts the proceedings, and concludes that they were, in fact, decent examples of American justice and fair play.