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This book provides the first English language examination and analysis of the records of the Dutch war crimes tribunals from 1946-1949, which prosecuted more than 1000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II.
From 1946 to 1949, the Dutch prosecuted more than 1000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II. They also prosecuted a small number of Dutch citizens for collaborating with their Japanese occupiers. The war crimes committed by the Japanese against military personnel and civilians in the East Indies were horrific, and included mass murder, murder, torture, mistreatment of prisoners of war, and enforced prostitution. Beginning in 1946, the Dutch convened military tribunals in various locations in the East Indies to hear the evidence of these atrocities and imposed sentences ranging from months and years to death; some 25 percent of those convicted were executed for their crimes. The difficulty arising out of gathering evidence and conducting the trials was exacerbated by the on-going guerrilla war between Dutch authorities and Indonesian revolutionaries and in fact the trials ended abruptly in 1949 when 300 years of Dutch colonial rule ended and Indonesia gained its independence. Until the author began examining and analysing the records of trial from these cases, no English language scholar had published a comprehensive study of these war crimes trials. While the author looks at the war crimes prosecutions of the Japanese in detail this book also breaks new ground in exploring the prosecutions of Dutch citizens alleged to have collaborated with their Japanese occupiers. Anyone with a general interest in World War II and the war in the Pacific, or a specific interest in war crimes and international law, will be interested in this book.
In The Geography of Injustice, Barak Kushner argues that the war crimes tribunals in East Asia formed and cemented national divides that persist into the present day. In 1946 the Allies convened the Tokyo Trial to prosecute Japanese wartime atrocities and Japan's empire. At its conclusion one of the judges voiced dissent, claiming that the justice found at Tokyo was only "the sham employment of a legal process for the satisfaction of a thirst for revenge." War crimes tribunals, Kushner shows, allow for the history of the defeated to be heard. In contemporary East Asia a fierce battle between memory and history has consolidated political camps across this debate. The Tokyo Trial courtroom, as well as the thousands of other war crimes tribunals opened in about fifty venues across Asia, were legal stages where prosecution and defense curated facts and evidence to craft their story about World War Two. These narratives and counter narratives form the basis of postwar memory concerning Japan's imperial aims across the region. The archival record and the interpretation of court testimony together shape a competing set of histories for public consumption. The Geography of Injustice offers compelling evidence that despite the passage of seven decades since the end of the war, East Asia is more divided than united by history.
This innovative volume examines the nexus between war crimes trials and the pursuit of collaborators in post-war Asia. Global standards of behaviour in time of war underpinned the prosecution of Japanese military personnel in Allied courts in Asia and the Pacific. Japan’s contradictory roles in the Second World War as brutal oppressor of conquered regions in Asia and as liberator of Asia from both Western colonialism and stultifying tradition set the stage for a tangled legal and political debate: just where did colonized and oppressed peoples owe their loyalties in time of war? And where did the balance of responsibility lie between individuals and nations? But global standards jostled uneasily with the pluralism of the Western colonial order in Asia, where legal rights depended on race and nationality. In the end, these limits led to profound dissatisfaction with the trials process, despite its vast scale and ambitious intentions, which has implications until today.
Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This second volume discusses in detail crimes against humanity.
In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law.
This book is a concise and accessible introduction to the problem of war crimes in modern history, emphasizing the development of laws aimed at regulating the conduct of armed conflict developed from the 19th century to the present. Bringing together multiple strands of recent research in history, political science, and law, the book starts with an overview of the attempts across the pre-modern world to regulate the initiation, conduct, and outcomes of war. It then presents a survey of the legal revolution of the 19th century when, amidst a global welter of colonial wars, the first body of formal codes and laws relating to distinguishing legal from criminal conduct in war was developed. Further chapters investigate failed but influential attempts to develop the laws of war in the post-World War I period and summarize the major landmarks in international law related to war crimes, such as the Hague conventions and the Nuremberg and Tokyo trials, as well as hundreds of lesser-known post-World War II trials in Europe and Asia. It also looks at the origins and debated significance of the Genocide Convention of 1948 and the 1949 Geneva Conventions, accounts for the acceleration worldwide of war crimes investigations and trials from the 1970s into the 2000s, and summarizes current thinking about international law and the rapidly changing nature of warfare worldwide as well as the memorialization of war crimes. Including images, documents, a bibliography highlighting the most recent scholarship, a chronology, who’s who, and a glossary, this is the perfect introduction for those wishing to understand the complex field or war crimes history and its politics.
This book is predominately about the Bataan Death March that followed the capitulation and surrender of the Philippine and United States armed forces on 09 April 1942 in Luzon, Philippines. After the bombing of Pearl Harbor in late December 1941, and the subsequent bombing of Clark Air Base, Japanese forces landed in Northern Luzon, and worked their way down to the capital, Manilla. Early in 1942, General Douglas MacArthur ordered all the Allied forces in Luzon to proceed south to the Bataan Peninsula. Both he and General Wainwright and 10,000 allied troops went further south to Corregidor Island. (This left General King in charge of all the allied troops in the Bataan Peninsula). Throughout January, February, and March 1942, the Philippine and U.S. troops underwent extreme hardship and, although asking General MacArthur for permission to surrender, which was refused, General King, on 09 April 1942 surrendered to the Japanese. This then triggered the beginning of the Bataan Death March—a 70 kilometre forced march to San Fernando, a train trip of 2-3 hours, and finally another 13 kilometre walk to the O’Donnell P.O.W. Camp in Capas. What followed was the death of thousands of prisoners of war both on the Bataan Death March and in the years following, until the Japanese surrendered in September 1945. The book will provide a valuable resource for students and researchers of modern history; particularly the Second World War, and the War in the Pacific,1941-1945.
This companion takes stock of the current state of literature on migration law, theory and policy, and sketches out the contours of its future long-term development in what is now a vastly expanded research agenda, thereby providing a definitive and dependable state-of-the-art review of current research in each of the chosen areas.
The border between intimate memory and historical revelation is explored in this wide-ranging collection, which features original contributions from leading figures in the life writing field from Australia, Canada, Europe, UK, and the USA. The transmission and preservation of personal knowledge and stories from generation to generation frequently requires crossing into the private, contested spaces of memory. The most secret accounts or guarded remnants of information can sometimes lead to the most profound insights. In this context, there is a delicate balance between life writing’s role in revealing lives and the desire to be respectful towards them. As the essays in this book attest, exposing secrets, even if humiliating, can be a way of honouring lives. Throughout runs the framing theme of memory as the source of all intergenerational transmission of culture and history—whether relating to family, community, nation, ancestry, or political allegiance—and the importance of the intimate and personal in that process of handing on. This book was originally published as a special issue of Life Writing.