The Tokyo International Military Tribunal - A Reappraisal

Boister, Neil; Cryer, Robert

doi:10.1093/acprof:oso/9780199278527.001.0001

Cited by 124 publications

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“…In broad terms, while the development of a comprehensive legal sanction for sexual violence during warfare has taken decades (Boister and Cryer 2008), there is a positive progress narrative that can be relayed from the end of the Cold War onward (Ní Aoláin, Cahn and Haynes 2011). Until the passage of the ICC Statute, specific international legal prohibition of the crime of rape in situations of armed conflict was found in the Fourth Geneva Convention, 2 and within Articles 76(1) and 85 of the First Protocol Additional to the Geneva Conventions.…”

Section: International Criminal Law: a Brief Gendered Tellingmentioning

confidence: 99%

Gendered Harms and their Interface with International Criminal Law

Aoláin

2014

International Feminist Journal of Politics

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G e n d e r e d H a r m s a n d t h e i r I n t e r f a c e w i t h I n t e r n a t i o n a l C r i m i n a l L a w NORMS, CHALLENGES AND DOMESTICATION † FIONNUALA NÍ AOLÁ INMany feminists have questioned the extent to which the law can ever effectively deter violence against women given the ways in which the law and criminal justice systems often act to reinforce deeply sexist assumptions about women, their sexual and social identities and their relation to the social (male) world. While acknowledging law's ineffectiveness in fundamentally reordering social relations, a number of scholars and policy makers believe that it is an institution that can be used to make substantive gains for women. The agreement by states on the establishment of an International Criminal Court (ICC), combined with a Statute that augments international legal prohibitions on violence against women, has given traction to optimistic views on international criminal law's capacity to proactively address female specific harms. Moreover, there is confidence that transformative international legal norms will, in turn, enable and support domestic law's capacity to advance accountability for violence against women. In that context, this article considers the potential for proactive and gender-centered complementarity under the ICC system. Based on a systematic review of a wide range of domestic legislation enacted by States Parties following signature and ratification of the ICC Statute, the analysis considers the significance and ramifications of domestic legal changes for the operation of the ICC complementarity system. Detailed consideration is given to ways in which the ICC complementarity regime might be operationalized to ensure a gendered understanding of the "unwilling and unable" standard contained in Article 17 of the ICC † Parts of this article have been previously presented at the Institute of Advanced Studies

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Section: International Criminal Law: a Brief Gendered Tellingmentioning

confidence: 99%

Gendered Harms and their Interface with International Criminal Law

Aoláin

2014

International Feminist Journal of Politics

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“…117 Other Asians were excluded for their involvement in the war, such as the Japanese colonies of Korea and Taiwan. 118 Korea and Taiwan suffered some of the worst violence under Japanese colonialism, including forced labour of over five million civilians and the sexual enslavement of hundreds of thousands of women, yet thousands of Koreans and Taiwanese also fought in the Japanese army. 119 Due to the complexity of Koreans and Taiwanese being both victims and victimisers, the Tribunal was unwilling to distinguish between the two, leaving Korean and Taiwanese victims unrecognised.…”

Section: Victim Recognitionmentioning

confidence: 99%

“…These shortcomings tainted the perceptions of justice at the Tribunal as being for 'white' victims, thus perpetuating colonial overtones and the Tribunal as a 'white man's Tribunal'. 122 A more prominent detraction from the Tribunal was of victor's justice, as it failed to prosecute the Soviet Union for declaring war on Japan in 1945 and the Americans use of the atomic bombs against the civilian populations of Hiroshima and Nagasaki. 123 The Soviet Union's declaration of war against Japan again raised the defence of tu quoque, emphasising the one-sided nature of the Tribunal in prosecuting aggression.…”

Section: Victim Recognitionmentioning

confidence: 99%

The Role of Victims in the International Criminal Tribunals of the Second World War

Moffett

2012

Int Crim Law Rev

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This article, drawing from historical research of the practice and judgements of the Nuremberg and Tokyo tribunals, analyses the role of victims within the founding international criminal tribunals of the Second World War. While some commentators have decried the absence of victims at Nuremberg and Tokyo, numerous victim-witnesses testified before these tribunals. However, the outcome of these tribunals has been disappointing to victims who still seek justice over sixty-five years later. This article considers the implications of the Nuremberg and Tokyo tribunals not providing justice to victims and how this has impacted on their legacy. Although these tribunals are neglected in contemporary discussions of victim provisions in modern international criminal justice mechanisms, they can still provide some important lessons for modern international criminal justice mechanisms, such as the International Criminal Court, to learn from.

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“…Even though the two countries did not sign the Instrument of Surrender, the FEC, in accordance with Britain's proposal, maintained that the appointment of judges from all FEC member nations had to be recognized (H. Nagai 2003, 272). Article 10 of the Potsdam Declaration did not limit the Allies' powers to appoint members from other states and entities (Boister and Cryer 2008b). Furthermore, the Philippines and India, neither of which were formally independent and were under the authority of colonial powers at the time, could be considered as additional representations for the United States and the United Kingdom, respectively (Boister and Cryer 2008b, 43).…”

Section: Postwar Philippine Security Predicamentmentioning

confidence: 99%

The security predicament of a new state: Philippine policy toward Japan, 1946–1956

Tana

2012

Philippine Political Science Journal

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The Tokyo International Military Tribunal - A Reappraisal

Cited by 124 publications

References 0 publications

Gendered Harms and their Interface with International Criminal Law

Gendered Harms and their Interface with International Criminal Law

The Role of Victims in the International Criminal Tribunals of the Second World War

The security predicament of a new state: Philippine policy toward Japan, 1946–1956

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