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Australia's War Crimes Trials 1945-51

Author : Georgina Fitzpatrick
Publisher : BRILL
Page : 911 pages
File Size : 46,20 MB
Release : 2016-08-29
Category : Law
ISBN : 9004292055

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This unique volume provides a detailed analysis of Australia’s 300 war crimes trials of principally Japanese accused conducted in the immediate aftermath of the Second World War. Part I contains contextual essays explaining why Australia established military courts to conduct these trials and thematic essays considering various legal issues in, and historical perspectives on, the trials. Part II offers a comprehensive collection of eight location essays, one each for the physical locations where the trials were held. In Part III post-trial issues are reviewed, such as the operation of compounds for war criminals; the repatriation of convicted Japanese war criminals to serve the remainder of their sentences; and reflections of some of those convicted on their experience of the trials. In the final essay, a contemporary reflection on the fairness of the trials is provided, not on the basis of a twenty-first century critique of contemporary minimum standards of fair trial expected in the prosecution of war crimes, but by reviewing approaches taken in the trials themselves as well as from reactions to the trials by those associated with them. The essays are supported by a large collection of unique historical photographs, maps and statistical materials. There has been no systematic and comprehensive analysis of these trials so far, which has meant that they are virtually precluded from consideration as judicial precedent. This volume fills that gap, and offers scholars and practitioners an important and groundbreaking resource.

Law Reports of the Australian War Crimes Trials 1945-1951

Author :
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 22,30 MB
Release : 2024-03-20
Category : Law
ISBN : 9789004683341

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This is volume 1 of a new, 5-volume reference work which rectifies a lamentable gap in access to rich war crimes trial jurisprudence from the post-World War II era. It offers a comprehensive collection of the Law Reports of the 300 Australian Military Courts trials held between 1945-1951, together with location essays on their background and relevance. Launched at a propitious time in which Australia is engaged in a significant criminal investigation of alleged ADF war crimes in Afghanistan, it will be of lasting value both within Australia and outside it in the wider realm of international criminal law. Many other Allied nations conducted their own military trials in both the European and Pacific theatres post-WWII, and the Australian experience, documented in these unique volumes, offers an important template for other national initiatives of this kind. The collection supplies i.a. trial transcripts and analysis of prosecution and defense arguments, relevant legal issues, judgments and sentences. It is a rich and unrivalled resource for historians and scholars as well as practitioners of international criminal law.

Daviborshch's Cart

Author : David Fraser
Publisher : U of Nebraska Press
Page : 390 pages
File Size : 10,64 MB
Release : 2011-01-01
Category : Law
ISBN : 0803234384

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In the spring of 1942, Nazi forces occupying the Ukraine launched a wave of executions targeting the region's remaining Jewish communities. These mass shootings were open, public, and intimate. Although the victims themselves could never testify against their killers, many eyewitnesses could and did identify the perpetrators. Among these communities, three local men from the villages of Serniki, Israylovka, and Gnivan were intimately implicated in such killing operations: Ivan Polyukhovich, a forester in the German-controlled administration; Heinrich Wagner, aVolksdeutscherliaison officer; and Mikolay Berezowsky, a member of the local police force. More than fifty years later, these three men were arrested and brought to trial in Australia for their alleged war crimes. Daviborshch's Cartis more than an account of Holocaust perpetrators who found a safe haven in postwar Australia. It is also the story of the Holocaust in the Ukraine, the War Crimes Act, Nazi policies, and the ways in which future generations translate history into law, archives into proof, and law into justice. Based on a review of previously unexamined historical and legal documents and transcripts,Daviborshch's Cartoffers the first critical examination of Australian attempts to bring alleged Nazi criminals to justice.

Law and Politics

Author : Caroline Pappas
Publisher :
Page : 640 pages
File Size : 11,76 MB
Release : 1998
Category : War crime trials
ISBN :

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Stern Justice

Author : Adam Wakeling
Publisher : Penguin Group Australia
Page : 421 pages
File Size : 25,72 MB
Release : 2018-09-03
Category : History
ISBN : 1760144452

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‘For the first time Australia speaks, not for herself alone, but for the whole British Commonwealth.’ So wrote a journalist about Australia’s leading role in the Allied program of war crimes trials which followed the end of the Second World War in the Pacific. An Australian judge, Sir William Webb, was president of the Tokyo Trial of Japan’s wartime political and military leaders, and Australia conducted hundreds of other trials throughout the Asia-Pacific region. The most tenacious of the Allied prosecutors, Australia led the unsuccessful bid to prosecute Emperor Hirohito as a war criminal and was the last country to conduct war crimes trials against the Japanese, on Manus Island in 1951. The aim of the trials was to prevent a repetition of the horrors of the Pacific War, in which millions had perished, mostly civilians, and tens of thousands of prisoners of war had died in Japanese captivity. Yet debate around the trials was fierce at the time – whether they had a legal basis, whether the Emperor should have been prosecuted, and whether their devastating bombing of Japanese cities had robbed the Allies of the moral authority to put their enemies on trial. Seventy years on, much remains to be learnt from both the successes and failures of these trials. Were they fair? Were their goals realistic? Were they acts of justice or revenge? With international law more important today than ever, Stern Justice makes an irrefutable case for not allowing them to stay forgotten.

Law Reports of Trials of War Criminals

Author : The United Nations War Crimes Commission
Publisher :
Page : 128 pages
File Size : 10,83 MB
Release : 2013-07-26
Category :
ISBN : 9781491089743

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This 15-volume series summarizes the course of the more important proceedings taken against individuals accused of war crimes during World War II, excluding the major war criminals tried by the Nuremberg and Tokyo International Military Tribunals. These representative trials of war criminals were selected for this series based on the major points of municipal and international law that were raised and settled during the trials as well as the potential for the greatest legal interest. For example, Volume 4 includes the trial of General Tomoyuki Yamashita (PDF). Each volume begins with a unique introduction by the Right Honorable Lord Wright of Durley, Chairman of the United Nations War Crimes Commission.Altstotter and the other accused in this trial were former German Judges, Prosecutors or officials in the Reich Ministry of Justice. All were charged with committing war crimes and crimes against humanity between Septem., ber, 1939, and April, 1945 and with conspiring between January, 1933 and April, 1945 to commit such offences. Several were also charged with membership of criminal organisations as defined in the judgment of the Nuremberg International Military Tribunal.