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The Tokyo War Crimes Tribunal: Law, History, and Jurisprudence

The Tokyo War Crimes Tribunal: Law, History, and Jurisprudence

Name: The Tokyo War Crimes Tribunal: Law, History, and Jurisprudence
Brand: Cambridge University Press
SKU: 9781108820684
Price: 643.11 HKD
Availability: InStock
Author: David Cohen; Yuma Totani
ISBN: 9781108820684

Edited by David Cohen · Yuma Totani

Cambridge University Press May 2020

Specifications

ISBN-13: 9781108820684
Publisher: Cambridge University Press
Publication: May 2020
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

Like its Nuremberg counterpart, the Tokyo Trial was foundational in the field of international law. However, until now, the persistent notion of 'victor's justice' in the existing historical literature has made it difficult to treat it as such. David Cohen and Yuma Totani seek to redress this by cutting through persistent orthodoxies and ideologies that have plagued the trial. Instead they present it simply as a judicial process, and in so doing reveal its enduring importance for international jurisprudence. A wide range of primary sources are considered, including court transcripts, court exhibits, the majority judgment, and five separate concurring and dissenting opinions. The authors also provide comparative analysis of the Allied trials at Nuremberg, resulting in a comprehensive and empirically grounded study of the trial.

The Tokyo Tribunal was a watershed moment in the history of the Asia-Pacific region. This groundbreaking study reveals it is of continuing relevance today.

Introduction

Part I. The Allied War Crimes Policy, the Indictment, and Court Proceedings:

1. The framework of the trial

2. Charges of crimes against peace

3. The Japanese system of government

4. Individual roles in the making of the war and the overall conspiracy

5. Counts on murder, conventional war crimes, and crimes against humanity

6. Accountability of war crimes

Part II. Law and Jurisprudence of the Judgments and Separate Opinions:

7. The majority judgment: crimes against peace

8. An alternative perspective on accountability for crimes against peace: the two Webb judgments

9. The majority judgment on war crimes

10. An alternative Tokyo judgment: the draft Webb judgment on war crimes

11. The dissenting opinions by Justices Bernard and Roeling

12. Pal's 'judgment', or dissenting opinion, on crimes against peace

13. Pal's treatment of war crimes charges

14. The concurring opinions of Justices Webb and Jaranilla

Conclusion

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