The book examines the process and the impact of the International Military Tribunal for the Far East (IMTFE), otherwise known as the Tokyo Trial, which was convened in 1946 to try the Japanese leaders accused of committing war crimes during World War II. Offering valuable research materials, it studies the lessons learned from the failed attempt after World War I, and the background and establishment of the IMTFE. It elaborates on the Charter, the Indictment, the Proceeding Records, and the Judgment of the IMTFE, with an emphasis on principles of international law and other legal questions, often with reference to the Nuremberg Trial. It also discusses the structure and different parts of the court organization, the selection and prosecution of Class-A war criminals, and the trial procedures especially those relating to evidence. The author’s personal experience and his criticism of certain aspects of the Tokyo Trial make it most insightful for the reader. From the perspective of a Chinese judge, this unique text brings in the dimensions of both international law and international relations, and allows us to measure the significance and legacy of the Tokyo Trial for contemporary international criminal justice. The author’s manuscript of this book was written in Chinese in the mid-1960s as part of a larger project, and was initially published in 1988. This is the first time that this book has been translated into English.
Author(s): Mei Ju-ao
Edition: 2
Publisher: Palgrave Macmillan
Year: 2021
Language: English
Pages: 276
City: Singapore
An Old Foreword To The International Military Tribunal For The Far East (I)
An Old Foreword To The International Military Tribunal For The Far East (II)
In Memory Of Our Father (Foreword)
I
II
III
IV
About This Book
Contents
About the Author
List of Figures
1 Establishment and Jurisdiction of the International Military Tribunal for the Far East
1.1 International Trials of Major War Criminals: A Pioneering Undertaking After World War II
1.2 Lessons Learned from the Failure of International Trials After World War I
1.3 Preparatory Work During World War II
1.4 Process of Establishing the Two Tribunals
1.5 Jurisdiction of the Two Tribunals
1.5.1 Conceptual Evolution of ‘War Crimes’
1.5.2 Conventional War Crimes
1.5.3 Crimes Against Humanity
1.5.4 Crimes Against Peace (the Crime of Aggression)
1.5.5 Individual Responsibility
1.5.6 Official Position and Orders of the Superior
1.5.6.1 Official Position
1.5.6.2 Orders of the Superior
1.6 Class-A War Criminals and International Trials
2 Charter and Organization of the International Military Tribunal for the Far East
2.1 Introduction to the Tokyo Charter
2.2 Location and Layout of the Tokyo Tribunal
2.3 Members of the Tribunal: Judges and President
2.3.1 Introduction to the 11 Judges
2.3.2 Working Relationship and ‘Judges’ Conference’
2.3.3 Seating Arrangement of the Bench
2.3.4 Appointment, Roles and Powers of the President
2.4 International Prosecution Section
2.5 The Defence: Japanese and American Counsel
2.6 Administrative and Personnel Arrangements
3 Arrest and Prosecution of Japanese Major War Criminals
3.1 Four Arrest Warrants from the General Headquarters
3.2 Investigation and Preparation for Prosecution by the IPS
3.3 Selection and Bibliographic Information of the 28 Defendants
3.4 Eleven Countries’ Indictment Against Japanese Major War Criminals
3.4.1 Presentation and Acceptance of the Indictment
3.4.2 Format and Preamble of the Indictment
3.4.3 Fifty-Five Counts Charged Against the Defendants
3.4.3.1 Group One: Crimes Against Peace (Counts 1–36)
3.4.3.2 Group Two: Murder (Counts 37–52)
3.4.3.3 Group Three: Conventional War Crimes and Crimes Against Humanity (Counts 53–55)
3.4.4 Summary of the Five Appendices in the Indictment
3.5 Characteristics and Defects of the Indictment
4 Trial Proceedings of the International Military Tribunal for the Far East
4.1 Basic Provisions on Trial Proceedings in the Tokyo Charter
4.2 Procedures for the Presentation and Admission of Evidentiary Documents
4.2.1 Types and Nature of Evidentiary Documents
4.2.2 Steps and Formalities for the Presentation and Admission of Evidentiary Documents
4.3 Procedures for the Attendance and Testifying of Witnesses
4.3.1 Summons of Witnesses and Rules Before Appearing in Court
4.3.2 The Oath, Affirmation or Declaration of Witnesses
4.3.3 Four Steps of Testifying and Examinations of Witnesses
4.3.3.1 First Step: Direct Examination
4.3.3.2 Second Step: Cross-Examination
4.3.3.3 Third Step: Re-direct Examination
4.3.3.4 Fourth Step: Re-Cross-Examination
4.4 Affidavits from Non-attending Witnesses and the Defendants’ Confessions
4.5 Criticism of the Trial Proceedings
Index
