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Transcultural Justice at the Tokyo Tribunal
The Allied Struggle for Justice, 1946-48
Series: - History of Warfare, Volume: 117
Volume Editor:
While the International Military Tribunal at Nuremberg has been at the centre of scholarly attention, the Tokyo Tribunal has for decades been largely neglected. This is surprising insofar as this tribunal was a well-organized Allied endeavour and prefigured the international courts and tribunals of our day. Eleven national teams were sent to Tokyo between 1946 and 1948 to bring about justice in the aftermath of the Pacific War. This volume offers an innovative approach to the Tokyo Tribunal as an arena of transcultural engagement. It contextualizes legal agents as products of transnational forces, constituted through dialogues about legal concepts and processes of faction-making. The endeavour was challenged by different national policies, divergent legal traditions, and varying cultural perceptions of the task ahead.
Contributors are Milinda Banerjee, Anja Bihler, Neil Boister, David M. Crowe, Kerstin von Lingen, Narrelle Morris, Hitoshi Nagai, Valentyna Polunina, Ann-Sophie Schoepfel, Lisette Schouten, James Burnham Sedgwick, Yuki Takatori and Urs Matthias Zachmann.
Contributors are Milinda Banerjee, Anja Bihler, Neil Boister, David M. Crowe, Kerstin von Lingen, Narrelle Morris, Hitoshi Nagai, Valentyna Polunina, Ann-Sophie Schoepfel, Lisette Schouten, James Burnham Sedgwick, Yuki Takatori and Urs Matthias Zachmann.
Kerstin von Lingen is a historian at the Cluster of Excellence âAsia and Europe in a Global Contextâ at Heidelberg University and leads the Research Group âTranscultural Justice. Legal Flows and the Emergence of International Justice within the East Asian War Crimes Trials, 1945-1954â.
''It contains a number of important revelations regarding the professional attributes of those individuals who were named to join the prosecution or the tribunal, their behind-the-scenes communications with their respective home governments, and their individual contributions to the making of the Tokyo Trial. It also hosts shining examples of deep archival research, based on which the volume contributors present new perspectives to broaden our understanding of the trial. In sum, this edited volume is recommended to all future students of the Tokyo Trial and, more generally, the history of international justice in Asia and the Pacific''. Yuma Totani in Pacific Affairs , 92, 4 (2019).
Contents
Acknowledgements
List of Illustrations
Notes for Readers
List of Contributors
Introduction
âKerstin von Lingen
1 Building Blocs: Communities of Dissent, Manufactured Majorities and International Judgment in Tokyo
âJames Burnham Sedgwick
2 Sir William Webb and Beyond: Australia and the International Military Tribunal for the Far East
âNarrelle Morris
3 MacArthur, Keenan and the American Quest for Justice at the IMTFE
âDavid M. Crowe
4 On a âSacred Missionâ: Representing the Republic of China at the International Military Tribunal for the Far East
âAnja Bihler
5 Managing Justice: Judge William Patrick, Prosecutor Arthur ÂComyns-Carr and British Approaches to the IMTFE
âKerstin von Lingen
6 The Soviets at Tokyo: International Justice at the Dawn of the Cold War
âValentyna Polunina
7 âLittle Useful Purpose Would be Served by Canadaâ: Ottawaâs View of the Tokyo War Crimes Trial
âYuki Takatori
Illustrations
8 New Zealandâs Approach to International Criminal Law from Versailles to Tokyo
âNeil Boister
9 Burdened by the âShadow of Warâ: Justice Jaranilla and the Tokyo Trial
âHitoshi Nagai
10 Defending French National Interests? The Quai dâOrsay, Ambassador Zinovy Peshkoff, Justice Henri Bernard and the Tokyo Trial
âAnn-Sophie Schoepfel
11 In the Footsteps of Grotius: The Netherlands and Its Representation at the International Military Tribunal for the Far East, 1945-1948
âLisette Schouten
12 Indiaâs âSubaltern Elitesâ and the Tokyo Trial
âMilinda Banerjee
13 Loserâs Justice: The Tokyo Trial from the Perspective of the Japanese Defence Counsels and the Legal Community
âUrs Matthias Zachmann
Appendix: The Composition of the Court at Tokyo
Index
Acknowledgements
List of Illustrations
Notes for Readers
List of Contributors
Introduction
âKerstin von Lingen
1 Building Blocs: Communities of Dissent, Manufactured Majorities and International Judgment in Tokyo
âJames Burnham Sedgwick
2 Sir William Webb and Beyond: Australia and the International Military Tribunal for the Far East
âNarrelle Morris
3 MacArthur, Keenan and the American Quest for Justice at the IMTFE
âDavid M. Crowe
4 On a âSacred Missionâ: Representing the Republic of China at the International Military Tribunal for the Far East
âAnja Bihler
5 Managing Justice: Judge William Patrick, Prosecutor Arthur ÂComyns-Carr and British Approaches to the IMTFE
âKerstin von Lingen
6 The Soviets at Tokyo: International Justice at the Dawn of the Cold War
âValentyna Polunina
7 âLittle Useful Purpose Would be Served by Canadaâ: Ottawaâs View of the Tokyo War Crimes Trial
âYuki Takatori
Illustrations
8 New Zealandâs Approach to International Criminal Law from Versailles to Tokyo
âNeil Boister
9 Burdened by the âShadow of Warâ: Justice Jaranilla and the Tokyo Trial
âHitoshi Nagai
10 Defending French National Interests? The Quai dâOrsay, Ambassador Zinovy Peshkoff, Justice Henri Bernard and the Tokyo Trial
âAnn-Sophie Schoepfel
11 In the Footsteps of Grotius: The Netherlands and Its Representation at the International Military Tribunal for the Far East, 1945-1948
âLisette Schouten
12 Indiaâs âSubaltern Elitesâ and the Tokyo Trial
âMilinda Banerjee
13 Loserâs Justice: The Tokyo Trial from the Perspective of the Japanese Defence Counsels and the Legal Community
âUrs Matthias Zachmann
Appendix: The Composition of the Court at Tokyo
Index
Academics, graduate students and upper level undergraduates in international law, (postwar) global history, political science, legal anthropology and 20th-century East Asia.