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Transcultural Justice at the Tokyo Tribunal
While the International Military Tribunal at Nuremberg has been at the centre of scholarly attention, the Tokyo Tribunal has for decades been largely neglected. This is surprising insofar as this tribunal was a well-organized Allied endeavour and prefigured the international courts and tribunals of our day. Eleven national teams were sent to Tokyo between 1946 and 1948 to bring about justice in the aftermath of the Pacific War. This volume offers an innovative approach to the Tokyo Tribunal as an arena of transcultural engagement. It contextualizes legal agents as products of transnational forces, constituted through dialogues about legal concepts and processes of faction-making. The endeavour was challenged by different national policies, divergent legal traditions, and varying cultural perceptions of the task ahead. Contributors are Milinda Banerjee, Anja Bihler, Neil Boister, David M. Crowe, Kerstin von Lingen, Narrelle Morris, Hitoshi Nagai, Valentyna Polunina, Ann-Sophie Schoepfel, Lisette Schouten, James Burnham Sedgwick, Yuki Takatori and Urs Matthias Zachmann.
Allen Dulles, the OSS, and Nazi War Criminals
Kerstin von Lingen shows how Nazi SS-General Karl Wolff avoided war crimes prosecution because of his role in "Operation Sunrise," negotiations conducted by high-ranking American, Swiss, and British officials - in violation of the Casablanca agreements with the Soviet Union - for the surrender of German forces in Italy. Von Lingen suggests that the Cold War started already with "Operation Sunrise," and helps us understand rollback operations thereafter: one was the failure of justice and selective prosecution for high ranking Nazi criminals. The Western Allies not only failed to ensure cooperation between their respective national war crimes prosecution organizations, but in certain cases even obstructed justice by withholding evidence from the prosecution.
Kesselring's Last Battle
Revisits the war crimes trial of Albert Kesselring, commander-in-chief of German troops in Italy during Wold War II, who was sentenced to death for the killing of thousands of civilians in Italy. Reveals how the commutation of that death sentence was one of the earliest maneuverings in the nascent Cold War.
Global Intellectual History
Where do ideas fit into historical accounts that take an expansive, global view of human movements and events? Teaching scholars of intellectual history to incorporate transnational perspectives into their work, while also recommending how to confront the challenges and controversies that may arise, this original resource explains the concepts, concerns, practice, and promise of "global intellectual history," featuring essays by leading scholars on various approaches that are taking shape across the discipline. The contributors to Global Intellectual History explore the different ways in which one can think about the production, dissemination, and circulation of "global" ideas and ask whether global intellectual history can indeed produce legitimate narratives. They discuss how intellectuals and ideas fit within current conceptions of global frames and processes of globalization and proto-globalization, and they distinguish between ideas of the global and those of the transnational, identifying what each contributes to intellectual history. A crucial guide, this collection sets conceptual coordinates for readers eager to map an emerging area of study.
The Tokyo Tribunal: Perspectives on Law, History and Memory
The ‘International Military Tribunal for the Far East’ (IMTFE), held in Tokyo from May 1946 to November 1948, was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries, and a mixed Japanese–American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders, and diplomats, based on a 55-count indictment pertaining to crimes against peace,...
War Crimes Trials in the Wake of Decolonization and Cold War in Asia, 1945-1956
This book investigates the political context and intentions behind the trialling of Japanese war criminals in the wake of World War Two. After the Second World War in Asia, the victorious Allies placed around 5,700 Japanese on trial for war crimes. Ostensibly crafted to bring perpetrators to justice, the trials intersected in complex ways with the great issues of the day. They were meant to finish off the business of World War Two and to consolidate United States hegemony over Japan in the Pacific, but they lost impetus as Japan morphed into an ally of the West in the Cold War. Embattled colonial powers used the trials to bolster their authority against nationalist revolutionaries, but they found the principles of international humanitarian law were sharply at odds with the inequalities embodied in colonialism. Within nationalist movements, local enmities often overshadowed the reckoning with Japan. And hovering over the trials was the critical question: just what was justice for the Japanese in a world where all sides had committed atrocities?
Histories of Transnational Criminal Law
"Histories of Transnational Criminal Law provides for the first time a set of legal histories of state efforts to combat and cooperate against transnational crime"--Publisher.
Debating Collaboration and Complicity in War Crimes Trials in Asia, 1945-1956
This innovative volume examines the nexus between war crimes trials and the pursuit of collaborators in post-war Asia. Global standards of behaviour in time of war underpinned the prosecution of Japanese military personnel in Allied courts in Asia and the Pacific. Japan’s contradictory roles in the Second World War as brutal oppressor of conquered regions in Asia and as liberator of Asia from both Western colonialism and stultifying tradition set the stage for a tangled legal and political debate: just where did colonized and oppressed peoples owe their loyalties in time of war? And where did the balance of responsibility lie between individuals and nations? But global standards jostled uneasily with the pluralism of the Western colonial order in Asia, where legal rights depended on race and nationality. In the end, these limits led to profound dissatisfaction with the trials process, despite its vast scale and ambitious intentions, which has implications until today.
Rethinking Holocaust Justice
Since the end of World War II, the ongoing efforts aimed at criminal prosecution, restitution, and other forms of justice in the wake of the Holocaust have constituted one of the most significant episodes in the history of human rights and international law. As such, they have attracted sustained attention from historians and legal scholars. This edited collection substantially enlarges the topical and disciplinary scope of this burgeoning field, exploring such varied subjects as literary analysis of Hannah Arendt’s work, the restitution case for Gustav Klimt’s Beethoven Frieze, and the ritualistic aspects of criminal trials.
