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Book Cover
E-book
Author Fitzpatrick, Georgina (Historian), author.

Title Australia's War Crimes Trials 1945-51 / by Georgina Fitzpatrick, Tim McCormack, Narrelle Morris
Published Leiden, The Netherlands : Brill Nijhoff, [2016]
©2016

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Description xlvi, 865 pages : illustrations ; 25 cm
Series International Humanitarian Law Series ; volume 48
International humanitarian law series ; v. 48.
Contents Part I. Trial Context, Issues and Perspectives. Australian war crimes trials, 1945-51 / Tim McCormack and Narrelle Morris -- Emperor's army: military operations and ideology in the war against Australia / Steven Bullard -- Jurisdiction of the Australian military courts 1945-51 / Tim McCormack -- Australian military courts under the War Crimes Act 1945: structure and approach / Michael Paes -- Command responsibility and other grounds of criminal responsibility / Gideon Boas and Lisa Lee -- Obedience to superior orders and related defences / Monique Cormier and Sarah Finnin -- Prosecution of crimes against civilians / Bridget Dunne and Helen Durham -- Crimes against captured airmen / Tristan Moss and Georgina Fitzpatrick -- Crimes against Asians in command responsibility trials / Yuma Totani -- Cannibalism and the war crimes trials / Georgina Fitzpatrick -- Death sentences, Japanese war criminals and the Australian military / Georgina Fitzpatrick -- Part II. Trial Locations Trials on Morotai / Georgina Fitzpatrick -- Trials at Wewak / Georgina Fitzpatrick -- Trials on Labuan / Georgina Fitzpatrick -- Trials in Darwin / Georgina Fitzpatrick -- Trials in Rabaul / Georgina Fitzpatrick -- Trials in Singapore / Georgina Fitzpatrick -- Trials in Hong Kong / Georgina Fitzpatrick -- Last Trials: Manus Island / Georgina Fitzpatrick -- Part III. Post-Trial Reflections. Australian war criminals compounds at Rabaul and on Manus Island, 1945-53 / Narrelle Morris -- Changing direction: repatriation of Japanese war criminals in Australian custody / Dean Aszkielowicz -- 'Post-war' of the BC-class war criminals: how did war criminals react to the Australian trials? / Utsumi Aiko and Udagawa Kōta ; translated by Steven Bullard -- Were the Australian trials fair? / Narrelle Morris and Tim McCormack -- Appendix I. War Crimes Act 1945 (Cth) -- Appendix II. Regulations for the trial of war criminals 1945 (Cth) -- Appendix III. Board of inquiry list of war crimes -- Appendix IV. Trials list with National Archives of Australia series and item number
Summary "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"--Back cover
Notes "IHUL 48."
Bibliography Includes bibliographical references and indexes
Subject War crime trials -- Australia
War criminals -- Japan
World War, 1939-1945 -- Law and legislation -- Australia
World War, 1939-1945 -- Atrocities -- Pacific Area
Atrocities
Legislation
War crime trials
War criminals
Australia.
Japan.
World War II.
War crimes.
Military tribunals.
Prosecution.
Military criminal law.
Australia
Japan
Pacific Area
Form Electronic book
Author McCormack, Timothy L. H., author.
Morris, Narrelle, author.
LC no. 2016946380
ISBN 9789004292048
9004292047
9004292055
9789004292055