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The Tokyo International Military Tribunal - A Reappraisal$
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Neil Boister and Robert Cryer

Print publication date: 2008

Print ISBN-13: 9780199278527

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199278527.001.0001

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Sentencing

Sentencing

Chapter:
(p.247) 9 Sentencing
Source:
The Tokyo International Military Tribunal - A Reappraisal
Author(s):

Neil Boister

Robert Cryer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199278527.003.0010

This chapter analyses the Charter provisions on sentencing, the evidence on pre-sentence, and sentence judicial deliberations. It examines the sentences passed by the Majority and then attempts to integrate the separate and dissenting opinions of Judges Webb, Jaranilla, Bernard, and Röling into a discussion of the penalties. In doing so, a crude system of appropriate penalties for particular crimes is revealed. The next step of the process was the review of sentence by General MacArthur, Supreme Commander Allied Powers (SCAP). This is examined in depth, before the Chapter looks at the execution of those accused sentenced to death. The chapter then examines the post-conviction parole and release process. Finally, an attempt is made to isolate the relevant principles of sentencing used.

Keywords:   sentence, punish, review, death, imprisonment, parole, release, SCAP, MacArthur

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