The Tokyo War Crimes Tribunal
The Tokyo War Crimes Tribunal
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.
- The first truly comprehensive assessment of the Tokyo trial as a judicial process, separating it from other ideologically motivated studies
- Illustrates the Tokyo Trial's importance for international jurisprudence by placing it in the context of both modern Japanese history and international criminal law
- The book is based on often neglected sources, including a draft judgment by Sir William Webb, the President of the Tokyo tribunal
Reviews & endorsements
'In The Tokyo War Crimes Tribunal David Cohen and Yuma Totani, two of the most preeminent scholars on Japanese war crimes law and history, engage in the most thorough rebalancing of the legal analysis and historical appraisal of the tribunal yet to be undertaken.' Neil Boister, University of Canterbury, New Zealand
'A welcome new take on the Tokyo War Crimes Trials. Ironically, the freshness of this work rests in its classic framing. It studies the tribunal as a judicial process, examining the legal procedures by which evidence was presented and assessed. It offers a baseline for all future study of the tribunal.' Andrew Gordon, Harvard University, Massachusetts
'… The Tokyo War Crimes Tribunal is the kind of achievement reached by devoting a career to the field - or indeed the topic - and it promises to hold a key position in the historiography on the Tokyo trial.' Luigi Lonardo, Journal of Contemporary History
Product details
November 2018Adobe eBook Reader
9781108679732
0 pages
This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
- 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.
