Jump to ContentJump to Main Navigation
The Tokyo International Military Tribunal - A Reappraisal$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 25 April 2019

The Murder Counts

The Murder Counts

Chapter:
(p.154) 6 The Murder Counts
Source:
The Tokyo International Military Tribunal - A Reappraisal
Author(s):

Neil Boister

Robert Cryer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199278527.003.0007

One of the legal innovations that the Prosecution attempted to bring about through the Tokyo IMT was the possibility of prosecuting those who initiate aggressive wars as common criminals, i.e., murderers. The Tribunal avoided pronouncing on these unpredecented charges. However, two of the dissenting judges provided a detailed and cogent refutation of the legality, as well as the advisability of such charges. They accurately saw it as an ill-advised attempt to reintroduce just war into international law. This chapter focuses on the (unpublished) draft majority opinion where they sought to uphold the existence of such charges in existing international law, and compares it to the views of the dissentients — which the chapter concludes — were accurate.

Keywords:   murder, crimes against peace, Judge Pal, Judge Röling, just war

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .