In the aftermath of the Second World War, the British military held
46 trials in Hong Kong in which 123 defendants, from Japan and
Formosa (Taiwan), were tried for war crimes. This book provides the
first comprehensive legal analysis of these trials. The subject
matter of the trials spanned war crimes committed during the fall
of Hong Kong, its occupation, and in the period after the
capitulation following the nuclear bombings of Hiroshima and
Nagasaki, but before the formal surrender. They included killings
of hors de combat, abuses in prisoner-of-war camps, abuse and
murder of civilians during the military occupation, forced labour,
and offences on the High Seas. The events adjudicated included
those from Hong Kong, China, Japan, the High Seas, and Formosa
(Taiwan). Taking place in the same historical period as the more
famous Nuremberg and Tokyo trials, the Hong Kong war crimes trials
provide key insights into events of the time, and the development
of international criminal law and procedure in this period. A team
of experts in international criminal law examine these trials in
detail, placing them in their historical context, investigating how
the courts conducted their proceedings and adjudicated acts alleged
to be war crimes, and evaluating the extent to which the Hong Kong
trials contributed to the development of contemporary issues, such
as joint criminal enterprise and superior orders. There is also
comparative analysis with contemporaneous proceedings, such as the
Australian War Crimes trials, trials in China, and those conducted
by the British in Singapore and Germany, placing them within the
wider history of international justice. This book is essential
reading for anyone interested in the development of international
criminal law and procedure.
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