OUVRAGE : V.E. Dittrich, K. von Lingen, P. Osten, J. Makraiová (eds.), The Tokyo Tribunal: Perspectives on Law, History and Memory

Viviane E. DITTRICH, Kerstin von LINGEN, Philipp OSTEN, Jolana MAKRAIOVÁ

The International Military Tribunal for the Far East (IMTFE), held in Tokyo from May 1946 to November 1948, was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries and a mixed Japanese-American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders and diplomats, based on a 55-count indictment pertaining to crimes against peace, war crimes and crimes against humanity. The judgment was not unanimous, with one majority judgment, two concurring opinions and three dissenting opinions. The trial and the outcome were the subject of significant controversy and the Tribunal's files were subsequently shelved in the archives. While its counterpart in Europe, the "International Military Tribunal" (IMT) at Nuremberg, has been at the centre of public and scholarly interest, the Tokyo Tribunal has only recently gained international scholarly attention.

This volume combines perspectives from law, history and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the seventieth anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial.

TABLE OF CONTENTS

Foreword by the Series Editor
Preface by the Editors

PART I

INTRODUCTIONS

1. Towards a Fuller Appreciation of the Tokyo Tribunal
By Viviane E. Dittrich and Jolana Makraiová

2. Opening Reflections: Tokyoberg
By Gerry Simpson

PART II

FOUNDATIONS AND FACETS OF THE TRIAL

3. The Tokyo and Nuremberg International Military Tribunal Trials: A Comparative Study
By David M. Crowe

4. The Tokyo Tribunal: A Transcultural Endeavour
By Kerstin von Lingen

5. The Tokyo Tribunal’s Legal Origins and Contributions to International Jurisprudence as Illustrated by Its Treatment of Sexual Violence
By Diane Orentlicher

6. Glimpses of Women at the Tokyo Tribunal
By Diane Marie Amann

7. Trial and Error in the Interpreting System and Procedures at the Tokyo Trial
By Kayoko Takeda

PART III

DYNAMICS AND DIMENSIONS OF THE TRIAL

8. Individual Responsibility at the Tokyo Trial
By Yuma Totani

9. ‘Conventional War Crimes’: The International Military Tribunal for the Far East and the Ill-Treatment of Prisoners of War and Civilian Internees
By Robert Cribb

10. Nuremberg, Tokyo and the Crime of Aggression: An Intertwined and Still Unfolding Legacy
By Donald M. Ferencz

11. Substantive Law Issues in the Tokyo Judgment: From Facts to Law?
By Marina Aksenova

12. The “President’s Judgment” and Its Significance for the Tokyo Trial
By David Cohen

13. Constructing the Historical Legacy of the International Military Tribunal for the Far East: Reassessing Perceptions of President William Webb
By Narrelle Morris

PART IV

RECEPTIONS AND REPERCUSSIONS OF THE TRIAL

14. ‘Substantial Criminal Character’ or ‘Lawless Violence’: Crimes in the Charter of the Tokyo Tribunal and Their Receptions in Contemporary Japanese Legal Scholarship
By Philipp Osten

15. Remembering the Tokyo Trial, Then and Now: The Japanese Domestic Context of the International Military Tribunal for the Far East
By Beatrice Trefalt

16. Clemency for War Criminals Convicted in the Tokyo Trials
By Sandra Wilson

17. Spaces of Punishment
By Franziska Seraphim

18. The International Criminal Court and the International Military Tribunal for the Far East: Lessons Learnt or Not?
By Kuniko Ozaki

PART V

CONCLUSION

19. Concluding Reflections: Nuremberg and Tokyo – Twin Tribunals, Far Apart?
By Christoph Safferling

Annex: Tokyo Charter
Index

Viviane E. DITTRICH, Kerstin von LINGEN, Philipp OSTEN, Jolana MAKRAIOVÁ (eds.), The Tokyo Tribunal: Perspectives on Law, History and Memory, Nuremberg, International Nuremberg Principles Academy, 2020 (453 pp.)

The book contains chapters by the editors, Gerry Simpson, David M. Crowe, Diane Orentlicher, Diane Marie Amann, Kayoko Takeda, Yuma Totani, Robert Cribb, Donald M. Ferencz, Marina Aksenova, David Cohen, Narrelle Morris, Beatrice Trefalt, Sandra Wilson, Franziska Seraphim, Kuniko Ozaki and Christoph Safferling in that order.