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The issue of international crimes is highly topical in Asia, with
still-resonant claims against the Japanese for war crimes, and deep
schisms resulting from crimes in Bangladesh, Cambodia, and East
Timor. Over the years, the region has hosted a succession of
tribunals, from those held in Manila, Singapore and Tokyo after the
Asia-Pacific War to those currently running in Dhaka and Phnom
Penh. This book draws on extensive new research and offers the
first comprehensive legal appraisal of the Asian trials. As well as
the famous tribunals, it also considers lesser-known examples, such
as the Dutch and Soviet trials of the Japanese, the Cambodian trial
of the Khmer Rouge, and the Indonesian trials of their own military
personnel. It focuses on their approach to the elements of
international crimes, and their contribution to general theories of
liability. In the process, this book challenges some orthodoxies
about the development of international criminal law.
The issue of international crimes is highly topical in Asia, with
still-resonant claims against the Japanese for war crimes, and deep
schisms resulting from crimes in Bangladesh, Cambodia, and East
Timor. Over the years, the region has hosted a succession of
tribunals, from those held in Manila, Singapore and Tokyo after the
Asia-Pacific War to those currently running in Dhaka and Phnom
Penh. This book draws on extensive new research and offers the
first comprehensive legal appraisal of the Asian trials. As well as
the famous tribunals, it also considers lesser-known examples, such
as the Dutch and Soviet trials of the Japanese, the Cambodian trial
of the Khmer Rouge, and the Indonesian trials of their own military
personnel. It focuses on their approach to the elements of
international crimes, and their contribution to general theories of
liability. In the process, this book challenges some orthodoxies
about the development of international criminal law.
In 1946, the judges at the International Military Tribunal at
Nuremberg declared 'crimes against peace' - the planning,
initiation or waging of aggressive wars - to be 'the supreme
international crime'. At the time, the prosecuting powers heralded
the charge as being a legal milestone, but it later proved to be an
anomaly arising from the unique circumstances of the post-war
period. This study traces the idea of criminalising aggression,
from its origins after the First World War, through its high-water
mark at the post-war tribunals at Nuremberg and Tokyo, to its
abandonment during the Cold War. Today, a similar charge - the
'crime of aggression' - is being mooted at the International
Criminal Court, so the ideas and debates that shaped the original
charge of 'crimes against peace' assume new significance and offer
valuable insights to lawyers, policy-makers and scholars engaged in
international law and international relations.
In 1946, the judges at the International Military Tribunal at
Nuremberg declared 'crimes against peace' - the planning,
initiation or waging of aggressive wars - to be 'the supreme
international crime'. At the time, the prosecuting powers heralded
the charge as being a legal milestone, but it later proved to be an
anomaly arising from the unique circumstances of the post-war
period. This study traces the idea of criminalising aggression,
from its origins after the First World War, through its high-water
mark at the post-war tribunals at Nuremberg and Tokyo, to its
abandonment during the Cold War. Today, a similar charge - the
'crime of aggression' - is being mooted at the International
Criminal Court, so the ideas and debates that shaped the original
charge of 'crimes against peace' assume new significance and offer
valuable insights to lawyers, policy-makers and scholars engaged in
international law and international relations.
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