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Japanese War Criminals - The Politics of Justice After the Second World War (Hardcover)
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Japanese War Criminals - The Politics of Justice After the Second World War (Hardcover)
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Beginning in late 1945, the United States, Britain, China,
Australia, France, the Netherlands, and later the Philippines, the
Soviet Union, and the People's Republic of China convened national
courts to prosecute Japanese military personnel for war crimes. The
defendants included ethnic Koreans and Taiwanese who had served
with the armed forces as Japanese subjects. In Tokyo, the
International Military Tribunal for the Far East tried Japanese
leaders. While the fairness of these trials has been a focus for
decades, Japanese War Criminals instead argues that the most
important issues arose outside the courtroom. What was the legal
basis for identifying and detaining subjects, determining who
should be prosecuted, collecting evidence, and granting clemency
after conviction? The answers to these questions helped set the
norms for transitional justice in the postwar era and today
contribute to strategies for addressing problematic areas of
international law. Examining the complex moral, ethical, legal, and
political issues surrounding the Allied prosecution project, from
the first investigations during the war to the final release of
prisoners in 1958, Japanese War Criminals shows how a simple effort
to punish the guilty evolved into a multidimensional struggle that
muddied the assignment of criminal responsibility for war crimes.
Over time, indignation in Japan over Allied military actions,
particularly the deployment of the atomic bombs, eclipsed anger
over Japanese atrocities, and, among the Western powers, new Cold
War imperatives took hold. This book makes a unique contribution to
our understanding of the construction of the postwar international
order in Asia and to our comprehension of the difficulties of
implementing transitional justice.
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