The Tokyo Tribunal: Perspectives on Law, History and Memory


Book Description

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.




The Tokyo War Crimes Tribunal


Book Description

Challenges the persistent orthodoxies of the Tokyo tribunal and provides a new framework for evaluating the trial, revealing its importance to international jurisprudence.




Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited


Book Description

The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives. Several of the essays in the collection are based on the authors’ extensive archival research in Japan, Australia, the United States and New Zealand, providing rich insights into Japanese societal attitudes towards the Trial, biological experimentation by the Japanese Army in China, as well as the trial of Korean prison guards and prosecutions for rape and sexual assault in the post-war period. Some of the essays deal with particular participants in the Trial, examining the role of individual judges, and the selection of defendants and the decision not to prosecute the Emperor. Other essays analyse the Trial from a legal perspective, and address its impact on concepts such as command responsibility, conspiracy and war crimes. The majority of the essays seek to identify and address some of the ‘forgotten crimes’ in the Tokyo Trial. These include crimes committed in China and Korea (particularly the activities of the infamous Unit 731), crimes committed against comfort women, and crimes associated with the atomic bombings of Hiroshima and Nagasaki, the conventional firebombing of other Japanese cities and the illicit drug trade in China. Finally, the collection includes a number of essays which consider the importance of studying the Tokyo Trial and its contemporary relevance. These issues include an examination of the way in which academics have ‘written’ the Trial over the last 60 years, and an analysis of some of the lessons that can be drawn for international trials in the future.




The Comfort Women


Book Description

In an era marked by atrocities perpetrated on a grand scale, the tragedy of the so-called comfort women—mostly Korean women forced into prostitution by the Japanese army—endures as one of the darkest events of World War II. These women have usually been labeled victims of a war crime, a simplistic view that makes it easy to pin blame on the policies of imperial Japan and therefore easier to consign the episode to a war-torn past. In this revelatory study, C. Sarah Soh provocatively disputes this master narrative. Soh reveals that the forces of Japanese colonialism and Korean patriarchy together shaped the fate of Korean comfort women—a double bind made strikingly apparent in the cases of women cast into sexual slavery after fleeing abuse at home. Other victims were press-ganged into prostitution, sometimes with the help of Korean procurers. Drawing on historical research and interviews with survivors, Soh tells the stories of these women from girlhood through their subjugation and beyond to their efforts to overcome the traumas of their past. Finally, Soh examines the array of factors— from South Korean nationalist politics to the aims of the international women’s human rights movement—that have contributed to the incomplete view of the tragedy that still dominates today.




The Tokyo Tribunal


Book Description

Edited by Dr. Viviane E. Dittrich, Prof. Kerstin von Lingen, Prof. Philipp Osten and Dr. Jolana Makraiova, this book concerns the 'International Military Tribunal for the Far East' (IMTFE), held in Tokyo from May 1946 to November 1948. It 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.




Perspectives on the Nuremberg Trial


Book Description

The Nuremberg Trial was a landmark in the development of international law, its influence continues to shape our understanding of international criminal justice. This volume presents the most important essays examining the trial from legal, political, historical and philosophical perspectives. Together, the perspectives provide an overview of the Trial that is invaluable to understanding the significance of the Nuremberg Trial to modern international law and politics.




The History Problem


Book Description

Seventy years have passed since the end of the Asia-Pacific War, yet Japan remains embroiled in controversy with its neighbors over the war’s commemoration. Among the many points of contention between Japan, China, and South Korea are interpretations of the Tokyo War Crimes Trial, apologies and compensation for foreign victims of Japanese aggression, prime ministerial visits to the Yasukuni Shrine, and the war’s portrayal in textbooks. Collectively, these controversies have come to be called the “history problem.” But why has the problem become so intractable? Can it ever be resolved, and if so, how? To answer these questions author Hiro Saito mobilizes the sociology of collective memory and social movements, political theories of apology and reconciliation, psychological research on intergroup conflict, and philosophical reflections on memory and history. The history problem, he argues, is essentially a relational phenomenon caused when nations publicly showcase self-serving versions of the past at key ceremonies and events: Japan, South Korea, and China all focus on what happened to their own citizens with little regard for foreign others. Saito goes on to explore the emergence of a cosmopolitan form of commemoration taking humanity, rather than nationality, as its primary frame of reference, an approach increasingly used by a transnational network of advocacy NGOs, victims of Japan’s past wrongdoings, historians, and educators. When cosmopolitan commemoration is practiced as a collective endeavor by both perpetrators and victims, Saito argues, a resolution of the history problem—and eventual reconciliation—will finally become possible. The History Problem examines a vast corpus of historical material in both English and Japanese, offering provocative findings that challenge orthodox explanations. Written in clear and accessible prose, this uniquely interdisciplinary book will appeal to sociologists, political scientists, and historians researching collective memory, nationalism and cosmopolitanism, and international relations—and to anyone interested in the commemoration of historical wrongs. An electronic version of this book is freely available thanks to the support of libraries working with Knowledge Unlatched, a collaborative initiative designed to make high-quality books open access for the public good. The open-access version of this book is licensed under Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0), which means that the work may be freely downloaded and shared for non-commercial purposes, provided credit is given to the author. Derivative works and commercial uses require permission from the publisher.




Hong Kong's War Crimes Trials


Book Description

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.




The Dawn of a Discipline


Book Description

The history of international criminal justice told through the revealing stories of some of its primary intellectual figures.