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Author: Allan A. Ryan Publisher: University Press of Kansas ISBN: 0700620141 Category : History Languages : en Pages : 408
Book Description
"I don't blame my executioners. I will pray God bless them. " So said General Tomoyuki Yamashita, Japan's most accomplished military commander, as he stood on the scaffold in Manila in 1946. His stoic dignity typified the man his U.S. Army defense lawyers had come to deeply respect in the first war crimes trial of World War II. Moments later, he was dead. But had justice been served? Allan A. Ryan reopens the case against Yamashita to illuminate crucial questions and controversies that have surrounded his trial and conviction, but also to deepen our understanding of broader contemporary issues-especially the limits of command accountability. The atrocities of 1944 and 1945 in the Philippines-rape, murder, torture, beheadings, and starvation, the victims often women and children-were horrific. They were committed by Japanese troops as General Douglas MacArthur's army tried to recapture the islands. Yamashita commanded Japan's dispersed and besieged Philippine forces in that final year of the war. But the prosecution conceded that he had neither ordered nor committed these crimes. MacArthur charged him, instead, with the crime-if it was one-of having "failed to control" his troops, and convened a military commission of five American generals, none of them trained in the law. It was the first prosecution in history of a military commander on such a charge. In a turbulent and disturbing trial marked by disregard of the Army's own rules, the generals delivered the verdict they knew MacArthur wanted. Yamashita's lawyers appealed to the U.S. Supreme Court, whose controversial decision upheld the conviction over the passionate dissents of two justices who invoked, for the first time in U.S. legal history, the concept of international human rights. Drawing from the tribunal's transcripts, Ryan vividly chronicles this tragic tale and its personalities. His trenchant analysis of the case's lingering question-should a commander be held accountable for the crimes of his troops, even if he has no knowledge of them-has profound implications for all military commanders.
Author: Allan A. Ryan Publisher: University Press of Kansas ISBN: 0700620141 Category : History Languages : en Pages : 408
Book Description
"I don't blame my executioners. I will pray God bless them. " So said General Tomoyuki Yamashita, Japan's most accomplished military commander, as he stood on the scaffold in Manila in 1946. His stoic dignity typified the man his U.S. Army defense lawyers had come to deeply respect in the first war crimes trial of World War II. Moments later, he was dead. But had justice been served? Allan A. Ryan reopens the case against Yamashita to illuminate crucial questions and controversies that have surrounded his trial and conviction, but also to deepen our understanding of broader contemporary issues-especially the limits of command accountability. The atrocities of 1944 and 1945 in the Philippines-rape, murder, torture, beheadings, and starvation, the victims often women and children-were horrific. They were committed by Japanese troops as General Douglas MacArthur's army tried to recapture the islands. Yamashita commanded Japan's dispersed and besieged Philippine forces in that final year of the war. But the prosecution conceded that he had neither ordered nor committed these crimes. MacArthur charged him, instead, with the crime-if it was one-of having "failed to control" his troops, and convened a military commission of five American generals, none of them trained in the law. It was the first prosecution in history of a military commander on such a charge. In a turbulent and disturbing trial marked by disregard of the Army's own rules, the generals delivered the verdict they knew MacArthur wanted. Yamashita's lawyers appealed to the U.S. Supreme Court, whose controversial decision upheld the conviction over the passionate dissents of two justices who invoked, for the first time in U.S. legal history, the concept of international human rights. Drawing from the tribunal's transcripts, Ryan vividly chronicles this tragic tale and its personalities. His trenchant analysis of the case's lingering question-should a commander be held accountable for the crimes of his troops, even if he has no knowledge of them-has profound implications for all military commanders.
Author: Sarah Kovner Publisher: ISBN: 067473761X Category : Languages : en Pages : 337
Book Description
Many Allied POWs in the Pacific theater of World War II suffered terribly. But abuse wasn't a matter of Japanese policy, as is commonly assumed. Sarah Kovner shows poorly trained guards and rogue commanders inflicted the most horrific damage. Camps close to centers of imperial power tended to be less violent, and many POWs died from friendly fire.
Author: Melvin I. Urofsky Publisher: Vintage ISBN: 030774132X Category : Law Languages : en Pages : 546
Book Description
“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Author: Michel Paradis Publisher: Simon and Schuster ISBN: 150110473X Category : History Languages : en Pages : 480
Book Description
A narrative account of the Doolittle Raids of World War II traces the daring Raiders attack on mainland Japan, the fate of the crews who survived the mission, and the international war crimes trials that defined Japanese-American relations and changed legal history.
Author: Michael S. Bryant Publisher: Bloomsbury Publishing ISBN: 1350106623 Category : History Languages : en Pages : 427
Book Description
The greatly expanded and enhanced 2nd edition of A World History of War Crimes provides an authoritative and accessible introduction to the global history of war crimes and the laws of war. Tracing human efforts to limit warfare, from codes of war in antiquity designed to maintain a religiously conceived cosmic order to the gradual use in the modern age of the criminal trial as a means of enforcing universal humanitarian norms, Michael S. Bryant's book is a masterful one-volume account of the subject. This new edition includes, for the first time: * Two chapters providing extensive coverage of the Americas, Africa and the Middle East * Strengthened chronological boundaries – a new chapter on the Incas, Aztecs, Mayan, and North American Indian tribes, as well as more material across all regions in ancient times; discussion of contemporary war crimes committed in Afghanistan, Iraq, Myanmar and Syria * A historiographical essay to broaden your understanding of the field * An added final chapter focusing on the social, cultural and psychological aspects of the subject A World History of War Crimes is vital reading for anyone needing to understand the history of war in one of its most significant contexts.
Author: Fred L. Borch Publisher: Oxford University Press ISBN: 0191082953 Category : Law Languages : en Pages : 270
Book Description
From 1946 to 1949, the Dutch prosecuted more than 1000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II. They also prosecuted a small number of Dutch citizens for collaborating with their Japanese occupiers. The war crimes committed by the Japanese against military personnel and civilians in the East Indies were horrific, and included mass murder, murder, torture, mistreatment of prisoners of war, and enforced prostitution. Beginning in 1946, the Dutch convened military tribunals in various locations in the East Indies to hear the evidence of these atrocities and imposed sentences ranging from months and years to death; some 25 percent of those convicted were executed for their crimes. The difficulty arising out of gathering evidence and conducting the trials was exacerbated by the on-going guerrilla war between Dutch authorities and Indonesian revolutionaries and in fact the trials ended abruptly in 1949 when 300 years of Dutch colonial rule ended and Indonesia gained its independence. Until the author began examining and analysing the records of trial from these cases, no English language scholar had published a comprehensive study of these war crimes trials. While the author looks at the war crimes prosecutions of the Japanese in detail this book also breaks new ground in exploring the prosecutions of Dutch citizens alleged to have collaborated with their Japanese occupiers. Anyone with a general interest in World War II and the war in the Pacific, or a specific interest in war crimes and international law, will be interested in this book.
Author: Morten Bergsmo Publisher: Torkel Opsahl Academic EPublisher ISBN: 8293081112 Category : Law Languages : en Pages : 728
Book Description
The historical origins of international criminal law go beyond the key trials of Nuremberg and Tokyo but remain a topic that has not received comprehensive and systematic treatment. This anthology aims to address this lacuna by examining trials, proceedings, legal instruments and publications that may be said to be the building blocks of contemporary international criminal law. It aspires to generate new knowledge, broaden the common hinterland to international criminal law, and further consolidate this relatively young discipline of international law. The anthology and research project also seek to question our fundamental assumptions of international criminal law by going beyond the geographical, cultural, and temporal limits set by the traditional narratives of its history, and by questioning the roots of its substance, process, and institutions. Ultimately, we hope to raise awareness and generate further discussion about the historical and intellectual origins of international criminal law and its social function. The contributions to the three volumes of this study bring together experts with different professional and disciplinary expertise, from diverse continents and legal traditions. Volume 1 comprises contributions by prominent international lawyers and researchers including Judge LIU Daqun, Professor David Cohen, Geoffrey Robertson QC, Professor Paulus Mevis and Professor Jan Reijntjes.
Author: Giovanni Chiarini Publisher: Taylor & Francis ISBN: 1040094252 Category : Law Languages : en Pages : 237
Book Description
This book examines the evolution of international criminal procedure from the 1945–1946 Nuremberg and Tokyo trials to the present period. It is largely based on a normative-jurisprudential approach to the procedural rules, comparing both norms and case law of the relevant courts and tribunals. The book shows the possibility of classifying “international criminal procedure” as an autonomous concept and field of study, which is constantly evolving due to the interaction of different legal cultures that characterizes this subject matter and is derived from the varied procedures as established in both statutory law and jurisprudence. Far from being an autonomous entity, international criminal procedure now represents a great compromise between the legal traditions of different ICC member States. What emerges is the historical evolution of an international criminal procedure with a unique identity, a very real “third way” between the traditional dichotomy of common law and civil law, between the Anglo-Saxon and the European Roman Law-oriented legal traditions. The book will be of interest to academics, scholars, and researchers working in the areas of international criminal law, comparative law, criminal procedure, and legal history, as well as judges and international legal professionals.
Author: Gary J. Bass Publisher: Knopf ISBN: 110194711X Category : History Languages : en Pages : 913
Book Description
ACCLAIMED AS ONE OF THE YEAR’S 10 BEST BOOKS BY THE WASHINGTON POST • 12 ESSENTIAL NONFICTION BOOKS BY THE NEW YORKER • 100 NOTABLE BOOKS BY THE NEW YORK TIMES • BEST BOOKS BY THE ECONOMIST, FOREIGN AFFAIRS, AND AIR MAIL • 10 ESSENTIAL BOOKS BY THE TELEGRAPH • THE NEW YORK TIMES BOOK REVIEW EDITORS’ CHOICE • THE OBSERVER AND THE SUNDAY TIMES BOOK OF THE WEEK • A landmark, magisterial history of the trial of Japan’s leaders as war criminals—the largely overlooked Asian counterpart to Nuremberg “Nothing less than a masterpiece. With epic research and mesmerizing narrative power, Judgment at Tokyo has the makings of an instant classic.” —Evan Osnos, National Book Award–winning author of Age of Ambition: Chasing Fortune, Truth, and Faith in the New China In the weeks after Japan finally surrendered to the Allies to end World War II, the world turned to the question of how to move on from years of carnage and destruction. For Harry Truman, Douglas MacArthur, Chiang Kai-shek, and their fellow victors, the question of justice seemed clear: Japan’s militaristic leaders needed to be tried and punished for the surprise attack at Pearl Harbor; shocking atrocities against civilians in China, the Philippines, and elsewhere; and rampant abuses of prisoners of war in notorious incidents such as the Bataan death march. For the Allied powers, the trial was an opportunity to render judgment on their vanquished foes, but also to create a legal framework to prosecute war crimes and prohibit the use of aggressive war, building a more peaceful world under international law and American hegemony. For the Japanese leaders on trial, it was their chance to argue that their war had been waged to liberate Asia from Western imperialism and that the court was victors’ justice. For more than two years, lawyers for both sides presented their cases before a panel of clashing judges from China, India, the Philippines, and Australia, as well as the United States and European powers. The testimony ran from horrific accounts of brutality and the secret plans to attack Pearl Harbor to the Japanese military’s threats to subvert the government if it sued for peace. Yet rather than clarity and unanimity, the trial brought complexity, dissents, and divisions that provoke international discord between China, Japan, and Korea to this day. Those courtroom tensions and contradictions could also be seen playing out across Asia as the trial unfolded in the crucial early years of the Cold War, from China’s descent into civil war to Japan’s successful postwar democratic elections to India’s independence and partition. From the author of the acclaimed The Blood Telegram, which was a Pulitzer Prize finalist, this magnificent history is the product of a decade of research and writing. Judgment at Tokyo is a riveting story of wartime action, dramatic courtroom battles, and the epic formative years that set the stage for the Asian postwar era.
Author: Allan A. Ryan
Author: Allan A. Ryan
Author: Sarah Kovner
Author: 
Author: Melvin I. Urofsky
Author: Michel Paradis
Author: Michael S. Bryant
Author: Fred L. Borch
Author: Morten Bergsmo
Author: Giovanni Chiarini
Author: Gary J. Bass