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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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The Tokyo IMT: Nature and Jurisdiction

The Tokyo IMT: Nature and Jurisdiction

(p.28) 2 The Tokyo IMT: Nature and Jurisdiction
The Tokyo International Military Tribunal - A Reappraisal

Neil Boister

Robert Cryer

Oxford University Press

This chapter deals with the status and basis of the Tokyo IMT as an international tribunal. It covers the challenges to the jurisdiction of the court, such as those relating to the Potsdam Declaration, the powers of General MacArthur to create such a Tribunal, the definition of ‘war crimes’, the status of the Tribunal as a ‘Victor's Tribunal’, wars which were not related to the Asia-Pacific war, and the status of some of the defendants as Prisoners of War. It also discusses the US Supreme Court decision that refused to review the Tokyo IMT's judgment on the basis that it was an international, not a US, Tribunal.

Keywords:   jurisdiction, international status, Tokyo IMT, General MacArthur, Potsdam Declaration, Hirota v MacArthur

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