Justice in Asia and the Pacific Region, 1945-1952

Justice in Asia and the Pacific Region, 1945-1952
Author: Yuma Totani
Publisher: Cambridge University Press
Total Pages: 289
Release: 2015-02-16
Genre: History
ISBN: 1107087627

"Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe"--

A History of War Crimes Trials in Post 1945 Asia-Pacific

A History of War Crimes Trials in Post 1945 Asia-Pacific
Author: Zhaoqi Cheng
Publisher: Springer
Total Pages: 367
Release: 2019-06-06
Genre: History
ISBN: 9811366977

Written by the Director of the Tokyo Trial Research Centre at China's Shanghai Jiao Tong University, this book provides a unique analysis of war crime trials in Asia-Pacific after World War II. It offers a comprehensive review of key events during this period, covering preparations for the Trial, examining the role of the War Crimes Commission of the United Nations as well as offering a new analysis of the trial itself. Addressing the question of conventional war crimes, crimes against humanity, crimes against peace (such as the Pearl Harbor Incident) and violations of warfare law, it follows up with a discussion of post-trial events and the fate of war criminals on trial. Additionally, it examines other Japanese war crime trials which happened in Asia, as well as considering the legacy of the Tokyo trial itself, and the foundation of a new Post-War International Order in East Asia.

Detention Camps in Asia

Detention Camps in Asia
Author:
Publisher: BRILL
Total Pages: 326
Release: 2022-05-20
Genre: Social Science
ISBN: 9004512578

Detention camps in Asia have held hundreds of thousands of people – political dissidents, prisoners of war, and civilian populations. This volume examines why states detain, the conditions of detention, and the effects of detention systems on society as a whole.

The Tokyo War Crimes Tribunal

The Tokyo War Crimes Tribunal
Author: David Cohen
Publisher: Cambridge University Press
Total Pages: 561
Release: 2018-11-22
Genre: History
ISBN: 1107119707

Challenges the persistent orthodoxies of the Tokyo tribunal and provides a new framework for evaluating the trial, revealing its importance to international jurisprudence.

Imperial Gateway

Imperial Gateway
Author: Seiji Shirane
Publisher: Cornell University Press
Total Pages: 183
Release: 2022-12-15
Genre: Social Science
ISBN: 1501765590

In Imperial Gateway, Seiji Shirane explores the political, social, and economic significance of colonial Taiwan in the southern expansion of Japan's empire from 1895 to the end of World War II. Challenging understandings of empire that focus on bilateral relations between metropole and colonial periphery, Shirane uncovers a half century of dynamic relations between Japan, Taiwan, China, and Western regional powers. Japanese officials in Taiwan did not simply take orders from Tokyo; rather, they often pursued their own expansionist ambitions in South China and Southeast Asia. When outright conquest was not possible, they promoted alternative strategies, including naturalizing resident Chinese as overseas Taiwanese subjects, extending colonial police networks, and deploying tens of thousands of Taiwanese to war. The Taiwanese—merchants, gangsters, policemen, interpreters, nurses, and soldiers—seized new opportunities for socioeconomic advancement that did not always align with Japan's imperial interests. Drawing on multilingual archives in six countries, Imperial Gateway shows how Japanese officials and Taiwanese subjects transformed Taiwan into a regional gateway for expansion in an ever-shifting international order. Thanks to generous funding from the National Endowment for the Humanities Open Book Program and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.

Interpreters and War Crimes

Interpreters and War Crimes
Author: Kayoko Takeda
Publisher: Routledge
Total Pages: 134
Release: 2021-03-23
Genre: Language Arts & Disciplines
ISBN: 1000365220

Taking an interdisciplinary approach, this book raises new questions and provides different perspectives on the roles, responsibilities, ethics and protection of interpreters in war while investigating the substance and agents of Japanese war crimes and legal aspects of interpreters’ taking part in war crimes. Informed by studies on interpreter ethics in conflict, historical studies of Japanese war crimes and legal discussion on individual liability in war crimes, Takeda provides a detailed description and analysis of the 39 interpreter defendants and interpreters as witnesses of war crimes at British military trials against the Japanese in the aftermath of the Pacific War, and tackles ethical and legal issues of various risks faced by interpreters in violent conflict. The book first discusses the backgrounds, recruitment and wartime activities of the accused interpreters at British military trials in addition to the charges they faced, the defence arguments and the verdicts they received at the trials, with attention to why so many of the accused were Taiwanese and foreign-born Japanese. Takeda provides a contextualized discussion, focusing on the Japanese military’s specific linguistic needs in its occupied areas in Southeast Asia and the attributes of interpreters who could meet such needs. In the theoretical examination of the issues that emerge, the focus is placed on interpreters’ proximity to danger, visibility and perceived authorship of speech, legal responsibility in war crimes and ethical issues in testifying as eyewitnesses of criminal acts in violent hostilities. Takeda critically examines prior literature on the roles of interpreters in conflict and ethical concerns such as interpreter neutrality and confidentiality, drawing on legal discussion of the ineffectiveness of the superior orders defence and modes of individual liability in war crimes. The book seeks to promote intersectoral discussion on how interpreters can be protected from exposure to manifestly unlawful acts such as torture.

Japanese War Criminals

Japanese War Criminals
Author: Sandra Wilson
Publisher: Columbia University Press
Total Pages: 436
Release: 2017-02-14
Genre: History
ISBN: 0231542682

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.

Forgotten Casualties

Forgotten Casualties
Author: Kevin T Hall
Publisher: Fordham Univ Press
Total Pages: 323
Release: 2023-08-01
Genre: History
ISBN: 1531502881

Sheds new light on the mistreatment of downed airmen during World War II and the overall relationship between the air war and state-sponsored violence. Throughout the vast expanse of the Pacific, the remoteness of Southeast Asia, and the rural and urban communities in Nazi-occupied Europe, more than 120,000 American airmen were shot down over enemy territory during World War II, thousands of whom were mistreated and executed. The perpetrators were not just solely fanatical soldiers or Nazi zealots but also ordinary civilians triggered by the death and devastation inflicted by the war. In Forgotten Casualties, author Kevin T Hall examines Axis violence inflicted on downed Allied airmen during this global war. Compared with all other armed conflicts, World War II exhibited the most widespread and ruthless violence committed against airmen. Flyers were deemed guilty because of their association with the Allied air forces, and their fate remained in the hands of their often-hostile captors. Axis citizens angered by the devastation inflicted by the war, along with the regimes’ consent and often encouragement of citizens to take matters into their own hands, resulted in thousands of Allied flyers’ being mistreated and executed by enraged civilians. Written to help advance the relatively limited discourse on the mistreatment against flyers in World War II, Forgotten Casualties is the first book to analyze the Axis violence committed against Allied airmen in a comparative, international perspective. Effectively comparing and contrasting the treatment of POWs in Germany with that of their counterparts in Japan, Hall’s thorough analysis of rarely seen primary and secondary sources sheds new light on the largely overlooked complex relationship among the air war, propaganda, the role of civilians, and state-sponsored terror during the radicalized conflict. Sources include postwar trial testimonies, Missing Air Crew Reports (MACR), Escape and Evasion reports, perpetrators’ explanations and rationalizations for their actions, extensive judicial sources, transcripts of court proceedings, autopsy reports, appeals for clemency, and justifications for verdicts. Drawing heavily on airmen’s personal accounts and the testimonies of both witnesses and perpetrators from the postwar crimes trials, Forgotten Casualties offers a new narrative of this largely overlooked aspect of Axis violence.

Losing Hearts and Minds

Losing Hearts and Minds
Author: Kate Imy
Publisher: Stanford University Press
Total Pages: 491
Release: 2024-07-09
Genre: History
ISBN: 150363986X

Losing Hearts and Minds explores the loss of British power and prestige in colonial Singapore and Malaya from the First World War to the Malayan Emergency. During this period, British leaders relied on a growing number of Asian, European and Eurasian allies and servicepeople, including servants, police, soldiers, and medical professionals, to maintain their empire. At the same time, British institutions and leaders continued to use racial and gender violence to wage war. As a result, those colonial subjects closest to British power frequently experienced the limits of belonging and the broken promises of imperial inclusion, hastening the end of British rule in Southeast Asia. From the World Wars to the Cold War, European, Indigenous, Chinese, Malay, and Indian civilians resisted or collaborated with British and Commonwealth soldiers, rebellious Indian troops, invading Japanese combatants, and communists. Historian Kate Imy tells the story of how Singapore and Malaya became sites of some of the most impactful military and anti-colonial conflicts of the twentieth century, where British military leaders repeatedly tried—but largely failed—to win the "hearts and minds" of colonial subjects.