The Judging Of War Criminals

In June 1998, diplomats met in Rome to draft the Statute of an International Criminal Court. Based on the precedents of the Nuremberg and Tokyo Tribunals and of the War Crimes Tribunals for Former Yugoslavia and Rwanda, the new Court will judge individuals, not States. Unpunished mass slaughters have occurred in many countries. National justice is often ineffective. Truth and reconciliation commissions complement but do not replace justice. International 'Peoples' Tribunals have no international legitimacy. It is hoped that a permanent, international criminal court may combat impunity and deter more crimes.

In June 1998 diplomats from all countries belonging to the United Nations met in Rome to draft the statute of a permanent International Criminal Court - a daring innovation. The future Court will judge individuals, not states, for grave violations of international humanitarian law. Genocides and mass slaughters have occurred in many other countries and have remained unpunished. National courts are notoriously weak in sanctioning their own nationals. Truth and reconciliation commissions complement but do not replace justice. Hence, this book argues, the need for a permanent, international criminal court, with the hope that its creation may combat impunity and deter more crimes.

The klieg-lighted Tokyo Trial began on May 3, 1946, and ended on November 4, 1948, a majority of the eleven judges from the victorious Allies finding the twenty-five surviving defendants, Japanese military and state leaders, guilty of most, if not all, of the charges. As at Nuremberg, the charges included for the first time "crimes against peace" and "crimes against humanity," as well as conventional war crimes. In a polemical account, Richard Minear reviews the background, proceedings, and judgment of the Tokyo Trial from its Charter and simultaneous Nuremberg "precedent" to its effects today. Mr. Minear looks at the Trial from the aspects of international law, of legal process, and of history. With compelling force, he discusses the motives of the Nuremberg and Tokyo proponents, the Trial's prejudged course—its choice of judges, procedures, decisions, and omissions—General MacArthur's review of the verdict, the criticisms of the three dissenting judges, and the dangers inherent in such an international, political trial. His systematic, partisan treatment pulls together evidence American lawyers and liberals have long suspected, feared, and dismissed from their minds. Contents: Preface. I. Introduction. II. The Tokyo Trial. III. Problems of International Law. IV. Problems of Legal Process. V. Problems of History. VI. After the Trial. Appendices. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

This 15-volume series summarizes the course of the more important proceedings taken against individuals accused of war crimes during World War II, excluding the major war criminals tried by the Nuremberg and Tokyo International Military Tribunals. These representative trials of war criminals were selected for this series based on the major points of municipal and international law that were raised and settled during the trials as well as the potential for the greatest legal interest. For example, Volume 4 includes the trial of General Tomoyuki Yamashita (PDF). Each volume begins with a unique introduction by the Right Honorable Lord Wright of Durley, Chairman of the United Nations War Crimes Commission. The most noteworthy case reported in this Volume is that of General Tomoyuki Yamashita who was tried and condemned by a United States Military Commission in Manila. His sentence was confirmed. The matter came before the Supreme Court of the United States on a petition for a writ of habeas corpus. The petition was rejected by that Court by a majority of the judges. The Court was not empowered to deal with the issues of fact which had been decided by the Court in Manila. The questions which came before the Supreme Court were questions of jurisdiction or competency. The majority, speaking by that great Judge, Stone, Chief Justice, whose death has deprived the Court of one of its greatest ornaments since its formation, held that the Military Commission was legally constituted, and that the charges exhibited in the Petition were within its competence because they were charges of violations of the law of war. The two dissenting judges founded their dissents upon certain technical question, no doubt of a basic character, but not calling for special notice here in this brief introduction which only deals with International Law. The observations of the Chief Justice (in which the majority of the judges agreed) are of leading importance for students of the law of war.

This title examines and analyses the records of the Dutch war crimes tribunals from 1946-1949, which prosecuted more than 1000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II.