The Tokyo International Military Tribunal: A Reappraisal, and: The Tokyo War Crimes Trial: The Pursuit of Justice in the Wake of World War II (review)

2009 ◽  
Vol 35 (2) ◽  
pp. 445-451
Author(s):  
John O. Haley
2014 ◽  
Vol 41 (1) ◽  
pp. 57-83 ◽  
Author(s):  
Claire P. Kaiser

The immediate aftermath of the Second World War saw a transnational effort to identify and prosecute those individuals who committed war crimes and crimes against humanity in such fora as the International Military Tribunal at Nuremberg. However, parallel national processes were carried out across Europe to punish those citizens who, by a range of definitions, allegedly collaborated with enemy occupiers and committed treason. In the Soviet Union, suspected collaborators were tried as counterrevolutionaries in both the areas where crimes were committed and also those distant from regions of German or Romanian occupation. By examining tribunals in Kazakhstan and Uzbekistan in this article, I argue for the importance of identifying and prosecuting alleged collaborators to the Soviet postwar project – a project which was far from limited to areas in the western parts of the country and which remained intimately linked to prewar, Stalinist understandings of justice and revolution.


2013 ◽  
Vol 18 (2) ◽  
pp. 337
Author(s):  
Lisa Lee

In the aftermath of World War II, Australia undertook domestic trials of suspected Japanese war criminals between 1945 and 1951. This article focuses on Australia’s war crimes trial of Lieutenant-General Nishimura as held at the Los Negros court in mid-June 1950, and the subsequent petitioning period and confirmation process. The Australian war crimes courts were military courts vested with broad discretionary powers that facilitated the expeditious trials of accused. The procedure of war crimes courts differed from that of field general courts-martial in two main areas: admissible evidence and sentencing range — and this article highlights concomitant problems arising during the trial and subsequent case on review. This article examines the prosecution of the case entirely on documentary evidence; the impact of low admissibility thresholds for evidence; issues regarding the voluntariness and reliability of witness evidence; and the option of capital punishment in the Nishimura trial.


2016 ◽  
Vol 34 (2) ◽  
pp. 393-485 ◽  
Author(s):  
Ziv Bohrer

At the close of World War II (WWII), Winston Churchill suggested summarily executing the remaining Nazi leadership. Franklin Delano Roosevelt disagreed, insisting on prosecuting them in an international military tribunal. This is considered the “birth” of International Criminal Law (ICL), following a consensus that “[t]he Nazi atrocities gave rise to the idea that some crimes are so grave as to concern the international community as a whole.” A few earlier instances of penal action against violators of the laws of war are acknowledged, but they are dismissed as unrelated to current ICL, because (presumably) these cases are sporadic domestic legal actions that lack a common doctrine.


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