Beyond victor's justice? : the Tokyo War Crimes Trial revisited / edited by Yuki Tanaka, Tim McCormack, and Gerry Simpson.
2011
KZ1181 .B49 2011 (Map It)
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Title
Beyond victor's justice? : the Tokyo War Crimes Trial revisited / edited by Yuki Tanaka, Tim McCormack, and Gerry Simpson.
Published
Leiden ; Boston : Martinus Nijhoff Publishers, 2011.
Call Number
KZ1181 .B49 2011
ISBN
9789004203037 (hardback : alk. paper)
9004203036 (hardback : alk. paper)
9004203036 (hardback : alk. paper)
Description
xxxi, 402 pages ; 25 cm.
System Control No.
(OCoLC)726150302
Summary
"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 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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Foreword / Sir Gerard Brennan
xi
Note on Language
xvii
Note on the Use of the Apostrophe in the Title and Elsewhere
xvii
Notes on Contributors
xix
Editors' Preface
xxvii
pt. One
A Retrospective
1
ch. 1
The Tokyo Trial: Humanity's Justice v Victors' Justice / Fujita Hisakazu
3
ch. 2
Writing the Tokyo Trial / Gerry Simpson
23
ch. 3
Japanese Societal Attitude towards the Tokyo Trial: From a Contemporary Perspective / Madoka Futamura
35
pt. Two
The Accused
55
ch. 4
Selecting Defendants at the Tokyo Trial / Awaya Kentaro
57
ch. 5
The Decision Not to Prosecute the Emperor / Yoriko Otomo
63
pt. Three
The Judges
79
ch. 6
Justice Northcroft (New Zealand) / Ann Trotter
81
ch. 7
Justice Bernard (France) / Mickael Ho Foui Sang
93
ch. 8
Justice Patrick (United Kingdom) / Lord Bonomy
103
ch. 9
Justice Roling (The Netherlands) / Robert Cryer
109
ch. 10
Justice Pal (India) / Nakajima Takeshi
127
pt. Four
The Trial Proceedings
145
ch. 11
The Case against the Accused / Yuma Totani
147
ch. 12
Command Responsibility for the Failure to Stop Atrocities: The Legacy of the Tokyo Trial / Gideon Boas
163
pt. Five
Forgotten Crimes: China and Korea
175
ch. 13
Reasons for the Failure to Prosecute Unit 731 and its Significance / Tsuneishi Kei-ichi
177
ch. 14
The Legacy of the Tokyo Trial in China / Bing Bing Jia
207
ch. 15
Forgotten Victims, Forgotten Defendants / The Hon O-Gon Kwon
227
pt. Six
Forgotten Crimes: The Comfort Women
241
ch. 16
Knowledge and Responsibility: The Ongoing Consequences of Failing to Give Sufficient Attention to the Crimes against the Comfort Women in the Tokyo Trial / Ustinia Dolgopol
243
ch. 17
Silence as Collective Memory: Sexual Violence and the Tokyo Trial / Nicola Henry
263
ch. 18
Women's Bodies and International Criminal Law: From Tokyo to Rabaul / Narrelle Morris
283
pt. Seven
Forgotten Crimes: Atomic Bombs, Saturation Bombing and the Illicit Drug Trade
291
ch. 19
The Atomic Bombing, the Tokyo Tribunal and the Shimoda Case: Lessons for Anti-Nuclear Legal Movements / Yuki Tanaka
293
ch. 20
The Firebombing of Tokyo and Other Japanese Cities / Ian Henderson
311
ch. 21
Punishing Japan's Òpium War-Making' in China: The Relationship between Transnational Crime and Aggression at the Tokyo Tribunal / Neil Boister
323
pt. Eight
Tokyo Today
351
ch. 22
Tokyo's Continuing Relevance / Tim McCormack
353
Index
383