By Madoka Futamura
ISBN-10: 0415426731
ISBN-13: 9780415426732
Advocates of the ‘Nuremberg legacy’ emphasize the confident effect of the individualization of accountability and the institution of an historic list via judicial methods for ‘war crimes’. This legacy has been pointed out within the context of the institution and operation of the UN advert hoc overseas felony Tribunals within the Nineties, in addition to for the foreign legal court docket.
The challenge with this legacy, in spite of the fact that, is that it truly is established completely at the adventure of West Germany. in addition, the impression of the strategy on post-conflict society has no longer been empirically tested. This publication does this via reading the Tokyo Trial, the opposite foreign army Tribunal confirmed after the second one international battle, and its effect on post-war Japan. Madoka Futamura examines the quick- and long term impression of the foreign army Tribunal for the some distance East (the Tokyo Trial), on post-war Japan, for you to enhance the knowledge of and procedure for ongoing overseas battle crimes tribunals.
War Crimes Tribunals and Transitional Justice might be of a lot curiosity to scholars of conflict crimes, foreign legislation, transitional justice and diplomacy in general.
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Extra resources for War Crimes Tribunals and Transitional Justice: The Tokyo Trial and the Nuremburg Legacy
Example text
40 This is a pragmatic, or more realistic, understanding of justice in the context of post-Cold War international peace and security. 41 At the same time, Liberalism also needs to take into account the fact that without peace, justice cannot be fully pursued. Crossing boundaries: Constructivism and international war crimes tribunals What is required in research of international war crimes tribunals is a non-static approach to international peace and security. During the 1990s, the international community witnessed that normative discourse affected the interests and behaviour of states.
As in the case of the Kurdish minority in Iraq, Somalia or Bosnia, mass violence and gross violations of human rights within a state’s borders ceased to remain domestic issues when they came to endanger the security of the neighbouring states through the expansion of conflicts and the flow of refugees. What is more, ‘ethnic conflicts’ in a region tend to have a ‘domino effect’ on neighbouring countries, which also have similar ethnic compositions within society. This is exactly the case with the conflicts in the Balkans and Rwanda; accordingly they became a serious concern of the international community at the time.
The experience of the Tokyo Trial and post-war Japan, I conclude, demonstrates that the impact and effect of international war crimes tribunals and their two principal devices are not necessarily wholly positive, nor are they straightforward. The Tokyo Trial is an important case with which to test the ‘Nuremberg legacy’. Whether vindicating or criticizing the Nuremberg idea of international war crimes prosecution, examination of the Tokyo experience is indispensable in order to understand more thoroughly the multifaceted impact of international war crimes tribunals on post-conflict societies.