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.
Download or read book Transcultural Justice at the Tokyo Tribunal written by Kerstin von Lingen and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Tokyo Tribunal (1946-1948) tried Japanese leaders for war crimes committed during the Second World War, but behind the scenes, old legal traditions contended with new legal ethics and refigured cultural perceptions of how to bringing about justice.
Download or read book The Tokyo Trial Justice and the Postwar International Order written by Aleksandra Babovic and published by Springer. This book was released on 2019-01-04 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully utilizing the latest archival material, this book provides a comprehensive, multi-dimensional and nuanced understanding of the Tokyo Tribunal by delving into the temporal aspects that extended the relevance and reverberations of the Tribunal beyond its end in 1948. With this as a backdrop, this book contributes to the study of Japanese postwar diplomacy. It shows the Tokyo Tribunal is still very much an experiment in progress, and how the process itself has helped Japan to quickly shed its imperial past and remain ambiguous as to its war responsibilities. From a wider vantage point, this book augments the existing scholarship of international criminal law and justice, offering a clear framework as to the limits of what international criminal tribunals can accomplish and offers a must-read for academics and students as well as for practitioners, journalists and policymakers interested in international criminal law and US-Japanese diplomatic history,
Download or read book The Tokyo Tribunal Perspectives on Law History and Memory written by Marina Aksenova and published by Torkel Opsahl Academic EPublisher. This book was released on 2020-10-27 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ‘International Military Tribunal for the Far East’ (IMTFE), held in Tokyo from May 1946 to November 1948, was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries, and a mixed Japanese–American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders, and diplomats, based on a 55-count indictment pertaining to crimes against peace, war crimes, and crimes against humanity. The judgment was not unanimous, with one majority judgment, two concurring opinions, and three dissenting opinions. The trial and the outcome were the subject of significant controversy and the Tribunal’s files were subsequently shelved in the archives. While its counterpart in Europe, the ‘International Military Tribunal’ (IMT) at Nuremberg, has been at the centre of public and scholarly interest, the Tokyo Tribunal has more recently gained international scholarly attention. This volume combines perspectives from law, history, and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the 70th anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial.
Download or read book Bangladesh and International Law written by Mohammad Shahabuddin and published by Routledge. This book was released on 2021-02-22 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first-ever comprehensive analysis of international law from Global South perspectives with specific reference to Bangladesh. The book not only sheds new light on classical international law concepts, such as statehood, citizenship, and self-determination, but also covers more current issues including Rohingya refugees, climate change, sustainable development, readymade garment workers and crimes against humanity. Written by area specialists, the book explores how international law shaped Bangladesh state practice over the last five decades; how Bangladesh in turn contributed to the development of international law; and the manner in which international law is also used as a hegemonic tool for marginalising less powerful countries like Bangladesh. By analysing stories of an ambivalent relationship between international law and post-colonial states, the book exposes the duality of international law as both a problem-solving tool and as a language of hegemony. Despite its focus on Bangladesh, the book deals with the more general problem of post-colonial states’ problematic relationship with international law and so will be of interest to students and scholars of international law in general, as well as those interested in the Global South and South Asia in particular.
Download or read book The Evolution of International Criminal Procedure written by Giovanni Chiarini and published by Taylor & Francis. This book was released on 2024-07-23 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the evolution of international criminal procedure from the 1945–1946 Nuremberg and Tokyo trials to the present period. It is largely based on a normative-jurisprudential approach to the procedural rules, comparing both norms and case law of the relevant courts and tribunals. The book shows the possibility of classifying “international criminal procedure” as an autonomous concept and field of study, which is constantly evolving due to the interaction of different legal cultures that characterizes this subject matter and is derived from the varied procedures as established in both statutory law and jurisprudence. Far from being an autonomous entity, international criminal procedure now represents a great compromise between the legal traditions of different ICC member States. What emerges is the historical evolution of an international criminal procedure with a unique identity, a very real “third way” between the traditional dichotomy of common law and civil law, between the Anglo-Saxon and the European Roman Law-oriented legal traditions. The book will be of interest to academics, scholars, and researchers working in the areas of international criminal law, comparative law, criminal procedure, and legal history, as well as judges and international legal professionals.
Download or read book The Holocaust written by David M. Crowe and published by Routledge. This book was released on 2021-12-31 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, this book takes a fresh, probing look at one of the greatest human tragedies in modern history. Beginning with a detailed overview of the history of the Jews and their two-millennia-old struggle with the anti-Judaic and anti-Semitic prejudice and discrimination that set the stage for the Holocaust, David M. Crowe discusses the evolution of Nazi racial policies, beginning with the development of Adolf Hitler's anti-Semitic ideas, their importance to the Nazi movement in the 1920s and 1930s, and their expanding role in the evolution of German policies leading to the Final Solution in 1941 – the mass murder of Jews throughout Nazi-occupied Europe. The German program involved the creation of death camps like Auschwitz and Treblinka and mass murder sites throughout Eastern Europe and the Soviet Union. While the Jews were the principal victims, other groups who were deemed racial or biological threats to Hitler’s goal of creating an Aryan-pure Europe were also targeted, including the Roma and the handicapped. This book discusses Nazi policies in each country in German-occupied Europe as well as the role of Europe’s neutrals in the larger German scheme-of-things. It also takes an in-depth look at liberation, Displaced Persons, the founding of Israel, and efforts throughout the western world to bring Nazi war criminals and their collaborators to justice. This second edition includes a new chapter on the importance of memory and the Holocaust, the evolution of interpretative Holocaust scholarship and media, recent controversies about national responsibility, and the work of Holocaust museums, archives, and libraries in Israel, Germany, Poland, and the United States to promote Holocaust education and memory. It concludes with the rise of Neo-Nazism, white nationalism, and other movements in Germany and the United States, and their relationship to questions about Holocaust memory and its lessons. Comprehensive and offering a detailed historical perspective, this is the perfect resource for those looking to gain a deep understanding of this tragedy.
Download or read book The Geography of Injustice written by Barak Kushner and published by Cornell University Press. This book was released on 2024-03-15 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Geography of Injustice, Barak Kushner argues that the war crimes tribunals in East Asia formed and cemented national divides that persist into the present day. In 1946 the Allies convened the Tokyo Trial to prosecute Japanese wartime atrocities and Japan's empire. At its conclusion one of the judges voiced dissent, claiming that the justice found at Tokyo was only "the sham employment of a legal process for the satisfaction of a thirst for revenge." War crimes tribunals, Kushner shows, allow for the history of the defeated to be heard. In contemporary East Asia a fierce battle between memory and history has consolidated political camps across this debate. The Tokyo Trial courtroom, as well as the thousands of other war crimes tribunals opened in about fifty venues across Asia, were legal stages where prosecution and defense curated facts and evidence to craft their story about World War Two. These narratives and counter narratives form the basis of postwar memory concerning Japan's imperial aims across the region. The archival record and the interpretation of court testimony together shape a competing set of histories for public consumption. The Geography of Injustice offers compelling evidence that despite the passage of seven decades since the end of the war, East Asia is more divided than united by history.
Download or read book An Introduction to International Criminal Law and Procedure written by Robert Cryer and published by Cambridge University Press. This book was released on 2019-08-15 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading work in the field of international criminal law, which is accessible, comprehensive and up to date.
Download or read book The Oxford Handbook of World War II written by G. Kurt Piehler and published by Oxford University Press. This book was released on 2023-06 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: World War II left virtually no nation or corner of the world untouched, dramatically transforming human life and society. It prompted the unprecedented mobilization of whole societies and witnessed a scale of state-sanctioned violence that staggers the imagination, with more than 100 million casualties. The war resulted in an almost complete collapse of any norms geared toward avoiding the unnecessary loss of civilian life and shaped the worldview and psyches of generations. The Oxford Handbook of World War II broadens traditional narratives of the war and in the process changes our understanding of this epic conflict. Organized both chronologically and thematically and with particular attention to the pre- and post-war eras, the Handbook revises and extends existing scholarship. With chapters on the rise and fall of Nazi Germany, the land war in Western Europe, the Battle of Britain, the impact of war on the major combatants (Great Britain, France, the United States, Japan, and China), the Japanese attack on Pearl Harbor, the decision to use the atomic bomb in 1945, and the cultural responses to the war, the chapters span much of the twentieth century. They suggest areas of scholarly consensus, identify interpretative clashes, and propose agendas for further scholarly investigation, with an emphasis on interdisciplinary inquiry. For example, the end of the Cold War had a profound impact on the way World War II was understood. Many formerly closed records in the former Soviet Union and China were opened to scholars, facilitating a more complex view of the Soviet war effort and suggesting that Stalin's army did not simply triumph by overwhelming German forces with sheer numbers but mastered the demands of a vast and logistically demanding front. In conceptualizing the volume, editors Kurt Piehler and Jonathan Grant also sought out contributions on lesser known aspects of the war, such as the Bengal famine in India, the treatment of prisoners of war, the role of Middle Eastern nations, and the activities of non-governmental organizations in ameliorating suffering. Spanning the rise and fall of the Versailles system to the postwar reintegration of veterans and the eventual commemoration of the conflict and its victims, The Oxford Handbook of World War II marks a landmark contribution to the historical literature of war.
Download or read book The Dawn of a Discipline written by Frédéric Mégret and published by Cambridge University Press. This book was released on 2020-09-24 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of international criminal justice told through the revealing stories of some of its primary intellectual figures.
Download or read book Justice After Mao written by Daniel Leese and published by Cambridge University Press. This book was released on 2023-09-30 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ground-breaking collection addressing historical justice post-Mao through issues of property, rehabilitation, reconciliation, and memory.
Download or read book Defeating Impunity written by Ornella Rovetta and published by Berghahn Books. This book was released on 2021-11-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of the long and violent twentieth century, only a minority of international crime perpetrators ever stood trial, and a central challenge of this era was the effort to ensure that not all these crimes remained unpunished. This required not only establishing a legal record but also courage, determination, and inventiveness in realizing justice. Defeating Impunity moves from the little-known trials of the 1920s to the Yugoslavia tribunal in the 2000s, from Belgium in 1914 to Ukraine in 1943, and to Stuttgart and Düsseldorf in 1975. It illustrates the extent to which the language of law drew an international horizon of justice.
Download or read book International and Transnational Crime and Justice written by Mangai Natarajan and published by Cambridge University Press. This book was released on 2019-06-13 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a key textbook on the nature of international and transnational crimes and the delivery of justice for crime control and prevention.
Download or read book Philippine Materials in International Law written by Raul C Pangalangan and published by BRILL. This book was released on 2021-11-15 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.
Download or read book Judgment at Tokyo written by Gary J. Bass and published by Vintage. This book was released on 2023-10-17 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: ACCLAIMED AS ONE OF THE YEAR’S 10 BEST BOOKS BY THE WASHINGTON POST • 12 ESSENTIAL NONFICTION BOOKS BY THE NEW YORKER • 100 NOTABLE BOOKS BY THE NEW YORK TIMES • BEST BOOKS BY THE ECONOMIST, FOREIGN AFFAIRS, AND AIR MAIL • 10 ESSENTIAL BOOKS BY THE TELEGRAPH • THE NEW YORK TIMES BOOK REVIEW EDITORS’ CHOICE • THE OBSERVER AND THE SUNDAY TIMES BOOK OF THE WEEK • MARK LYNTON HISTORY PRIZE FINALIST • BAILLIE GIFFORD PRIZE LONGLIST • CUNDILL HISTORY PRIZE SHORTLIST • A landmark, magisterial history of the trial of Japan’s leaders as war criminals—the largely overlooked Asian counterpart to Nuremberg “Nothing less than a masterpiece. With epic research and mesmerizing narrative power, Judgment at Tokyo has the makings of an instant classic.” —Evan Osnos, National Book Award–winning author of Age of Ambition: Chasing Fortune, Truth, and Faith in the New China In the weeks after Japan finally surrendered to the Allies to end World War II, the world turned to the question of how to move on from years of carnage and destruction. For Harry Truman, Douglas MacArthur, Chiang Kai-shek, and their fellow victors, the question of justice seemed clear: Japan’s militaristic leaders needed to be tried and punished for the surprise attack at Pearl Harbor; shocking atrocities against civilians in China, the Philippines, and elsewhere; and rampant abuses of prisoners of war in notorious incidents such as the Bataan death march. For the Allied powers, the trial was an opportunity to render judgment on their vanquished foes, but also to create a legal framework to prosecute war crimes and prohibit the use of aggressive war, building a more peaceful world under international law and American hegemony. For the Japanese leaders on trial, it was their chance to argue that their war had been waged to liberate Asia from Western imperialism and that the court was victors’ justice. For more than two years, lawyers for both sides presented their cases before a panel of clashing judges from China, India, the Philippines, and Australia, as well as the United States and European powers. The testimony ran from horrific accounts of brutality and the secret plans to attack Pearl Harbor to the Japanese military’s threats to subvert the government if it sued for peace. Yet rather than clarity and unanimity, the trial brought complexity, dissents, and divisions that provoke international discord between China, Japan, and Korea to this day. Those courtroom tensions and contradictions could also be seen playing out across Asia as the trial unfolded in the crucial early years of the Cold War, from China’s descent into civil war to Japan’s successful postwar democratic elections to India’s independence and partition. From the author of the acclaimed The Blood Telegram, which was a Pulitzer Prize finalist, this magnificent history is the product of a decade of research and writing. Judgment at Tokyo is a riveting story of wartime action, dramatic courtroom battles, and the epic formative years that set the stage for the Asian postwar era.
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.
