Atrocities On Trial

These essays are organised into four sections, dealing with the history of war crime trials from Weimar Germany to just after World War II, the sometimes diverging Allied attempts to come to terms with the Nazi concentration camp system, the ability of postwar societies to confront war crimes of the past and the legacy of war crime trials.

When the Allies decided to try German war criminals at the end of World War II they were attempting not only to punish the guilty but also to create a record of what had happened in Europe. This ground-breaking new study shows how Britain and the United States went about inscribing thehistory of Nazi Germany and the effect their trial and occupation policies had on both long and short term 'memory' in Germany and Britain. Donald Bloxham here examines the actions and trials of German soldiers and policemen, the use of legal evidence, the refractory functions of the courtroom, andAllied political and cultural preconceptions of both 'Germanism' and of German criminality. His evidence shows conclusively that the trials were a failure: the greatest of all 'crimes against humanity' - the 'final solution of the Jewish question' - was largely written out of history in thepost-war era and the trials failed to transmit the breadth of German criminality. Finally, with reference to the historiography of the Holocaust, Genocide on Trial illuminates the function of the trials in perpetuating misleading generalizations about the course of the Holocaust and the nature ofNazism.

Punishing Atrocities through a Fair Trial examines the tension between punishing mass atrocity and ensuring a fair trial for defendants.

"This book assesses the historical significance of the International Military Tribunal for the Far East (IMTFE)—commonly called the Tokyo trial—established as the eastern counterpart of the Nuremberg trial in the immediate aftermath of World War II. Through extensive research in Japanese, American, Australian, and Indian archives, Yuma Totani taps into a large body of previously underexamined sources to explore some of the central misunderstandings and historiographical distortions that have persisted to the present day. Foregrounding these voluminous records, Totani disputes the notion that the trial was an exercise in “victors’ justice” in which the legal process was egregiously compromised for political and ideological reasons; rather, the author details the achievements of the Allied prosecution teams in documenting war crimes and establishing the responsibility of the accused parties to show how the IMTFE represented a sound application of the legal principles established at Nuremberg. This study deepens our knowledge of the historical intricacies surrounding the Tokyo trial and advances our understanding of the Japanese conduct of war and occupation during World War II, the range of postwar debates on war guilt, and the relevance of the IMTFE to the continuing development of international humanitarian law."

In the aftermath of World War II, the Allied intent to bring Axis crimes to light led to both the Nuremberg trials and their counterpart in Tokyo, the International Military Tribunal of the Far East. Yet the Tokyo Trial failed to prosecute imperial Japanese leaders for the worst of war crimes: inhumane medical experimentation, including vivisection and open-air pathogen and chemical tests, which rivaled Nazi atrocities, as well as mass attacks using plague, anthrax, and cholera that killed thousands of Chinese civilians. In Hidden Atrocities, Jeanne Guillemin goes behind the scenes at the trial to reveal the American obstruction that denied justice to Japan’s victims. Responsibility for Japan’s secret germ-warfare program, organized as Unit 731 in Harbin, China, extended to top government leaders and many respected scientists, all of whom escaped indictment. Instead, motivated by early Cold War tensions, U.S. military intelligence in Tokyo insinuated itself into the Tokyo Trial by blocking prosecution access to key witnesses and then classifying incriminating documents. Washington decision makers, supported by the American occupation leader, General Douglas MacArthur, sought to acquire Japan’s biological-warfare expertise to gain an advantage over the Soviet Union, suspected of developing both biological and nuclear weapons. Ultimately, U.S. national-security goals left the victims of Unit 731 without vindication. Decades later, evidence of the Unit 731 atrocities still troubles relations between China and Japan. Guillemin’s vivid account of the cover-up at the Tokyo Trial shows how without guarantees of transparency, power politics can jeopardize international justice, with persistent consequences.

During the Battle of the Bulge, Waffen SS soldiers shot 84 American prisoners near Malmedy, Belgium—the deadliest mass execution of U.S. soldiers during World War II. Drawing on newly declassified documents, Steven Remy revisits the massacre and the most infamously controversial war crimes trial in American history, to set the record straight.

In the years since the Japanese war crimes trials concluded, the proceedings have been colored by charges of racism, vengeance, and guilt. In this book, Tim Maga contends that in the trials good law was practiced and evil did not go unpunished. The defendants ranged from lowly Japanese Imperial Army privates to former prime ministers. Since they did not represent a government for which genocide was a policy pursuit, their cases were more difficult to prosecute than those of Nazi war criminals. In contrast to Nuremberg, the efforts in Tokyo, Guam, and other locations throughout the Pacific received little attention by the Western press. Once the Cold War began, America needed Pacific allies and the atrocities committed by Japanese soldiers throughout the 1930s and early 1940s were rarely mentioned. The trials were described as phony justice and "Japan bashing". Keenan and his compatriots adopted criminal court tactics and established precedents in the conduct of war crimes trials that still stand today. Maga reviews the context for the trials, recounts the proceedings, and concludes that they were, in fact, decent examples of American justice and fair play.

This book offers a radically new and definitive reappraisal of Allied responses to Nazi human experiments and the origins of informed consent. It places the victims and Allied Medical Intelligence officers at centre stage, while providing a full reconstruction of policies on war crimes and trials related to Nazi medical atrocities and genocide.