War Crimes Tribunals and Transitional Justice

Futamura, Madoka

doi:10.4324/9780203945926

Cited by 17 publications

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“…The proceedings there along with other trials conducted by the Allies who fought Japan convicted nearly four thousand Japanese. 96 Yet postwar enthusiasm for war crimes trials dissipated in the face of the realpolitik interests of the Cold War. 97 Then, too, the Nuremberg trial and its progeny have always come in for their share of criticism.…”

Section: IVmentioning

confidence: 99%

“…They also expressed concern about the "motives" of "prosecutors and independent counsels" in the future. 96 It would be interesting to learn more of the private conversations that led to the Addington/Gonzales memorandum, but it is possible to draw inferences from the documentary record in any event. The memorandum reads as if the president's advisors kept reminding themselves-with the expectation that these documents would eventually find their way into the public domain-to take every opportunity to declare war crimes prosecutions unjustified.…”

Section: IVmentioning

confidence: 99%

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Presidential Accountability in Wartime

Streichler

2023

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ographical references (pages 253-272) and index. Identifiers: lccn 2023020929 (print) | lccn 2023020930 (ebook) | isbn 9780472076499 (hardcover) | isbn 9780472056491 (paperback) | isbn 9780472903900 (ebook other) Subjects: LCSH: War and emergency powers-United States-History. | Executive power-United States-History. | Bush, George W. (George Walker), 1946-| Prisoners of war-Abuse of-United States. | Terrorism-Prevention-Law and legislation-United States-History. | Legislative power-United States-History. | Political questions and judicial power-United States-History. | Torture-Law and legislation-United States. | Torture (International law) | Humanitarian law. Classification: LCC kf5060 .s87 2023 (print) | LCC kf5060 (ebook) | DDC 342.73/062-dc23

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Section: IVmentioning

confidence: 99%

Section: IVmentioning

confidence: 99%

Presidential Accountability in Wartime

Streichler

2023

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“…In recent years, however, there has been a gradual renewal of interest in the Tokyo tribunal among scholars who have highlighted aspects as varied as the legal basis of its charter, the institutional ramifications of the proceedings, and its role in shaping the United States’ and Japan’s post-war identity (Boister and Cryer, 2008; Futamura, 2008; Totani, 2008). Insofar as it examines one of the most underappreciated moments in post-war history, this scholarship is indeed laudable.…”

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confidence: 99%

The trials of imperialism: Radhabinod Pal’s dissent at the Tokyo tribunal

Varadarajan

2014

European Journal of International Relations

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At the end of the Second World War, the leaders of the defeated Axis powers were tried for crimes against peace, war crimes, and crimes against humanity in two specially established international military tribunals. Unlike at the vaunted Nuremberg trials, the judgment of the less-illustrious Tokyo tribunal was not unanimous. In his dissenting opinion, Justice Radhabinod Pal of India comprehensively disagreed with all aspects of the trial, finding all defendants “not guilty” of the charges leveled against them. Despite being considered quite incendiary at that time, the dissenting opinion has been largely ignored by International Relations scholarship analyzing the development of legal norms and institutions in global politics. Notwithstanding its many limitations, the questions raised in Pal’s dissent about criminality, power, and justice, while situated in a specific historical moment, remain far from settled. This article provides a second look at Pal’s dissent in order to recover its unique and critical insights into the relationship between imperialism and the development of international law.

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“…No one from the Allied countries was tried, moreover, despite evidence of war crimes on the winning side. 64 The trials represented victor's justice in another way relevant to Fanon and Endō. Three of the four judges in the Nuremberg Trials were from colonial powers: France, the United Kingdom, and the United States.…”

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“…Japan's emperor was not prosecuted because the United States thought immunity would aid the occupation; the conduct of Unit 731, Japan's organization for medical experimentation and biological weapons, was kept out in exchange for the United States' receipt of its research; and a second round of Class A trials was cancelled when conciliation of the new Japanese government, as a capitalist ally in East Asia, looked advantageous. 66 (One of the men charged but released, Kishi Nobusuke, later became Prime Minister.) It is conventional now to call trials of this kind ''transitional justice,'' aimed as they are at creating a postconflict social order.…”

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confidence: 99%

Crossed Geographies

Hill¹

2014

Representations

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world tell as much about the geographies scholars give them as the geographies they lived. Figures of international repute pass each other unnoticed if the conventions under which we labor don't allow a meeting. Once acknowledged, such encounters are an opportunity. Unexpected encounters reveal greater forces at work; new questions demand answers. Through crossed paths we can see the world in a different shape, but only if we are willing. In disciplinary and conceptual terms, we shy away from the leap of scale that making sense of an encounter between, say, a novelist from Japan and an anticolonialist from Martinique requires. It is easier to blow up or clone-to ''globalize'' a national field or to deploy a theory anew-than to struggle toward a geohistorical problematic, a transnational frame for criticism, that would not reduce the unevenness and heterogeneity of the geography of lived experience to a comforting, because familiar, model. Two discomforting journeys may suggest the way. In early 1943 Frantz Fanon, who later became famous for his writings on colonial psychology and the struggle against colonialism, dropped out of his lycée and took a boat from Martinique to Dominica, where he hoped to join the Free French army. He was sent home, but the following March, after Martinique rallied to Charles de Gaulle, he sailed for Morocco with some one thousand volunteers. Fanon told a teacher that when freedom was at stake, all were concerned-but only the officers and some of the noncommissioned officers onboard were white; the rest of the volunteers were black. 1 In the training camp in Morocco, soldiers from Martinique and Guadeloupe (''old'' French colonies) ate the same food and wore the same uniforms as white soldiers; they lived apart from recruits from Morocco, a b s t r a c t Textual evidence indicates that the novelist Endō Shūsaku read the anticolonialist writer Frantz Fanon in the early 1950s, incorporating Fanon's arguments on color and colonialism into his depiction of Japanese subjects after 1945. Examination of that heretofore unnoticed encounter provides an opportunity to reconsider the paradigms by which each writer is understood today and the terms in which they imagined a world not ordered by empires, whether European, American, or Japanese. R e p r e s e n t a t i o n s 128. Fall 2014 © The Regents of the University of California.

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War Crimes Tribunals and Transitional Justice

Cited by 17 publications

References 0 publications

Presidential Accountability in Wartime

Presidential Accountability in Wartime

The trials of imperialism: Radhabinod Pal’s dissent at the Tokyo tribunal

Crossed Geographies

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