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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 Murder Counts

The Murder Counts

(p.154) 6 The Murder Counts
The Tokyo International Military Tribunal - A Reappraisal

Neil Boister

Robert Cryer

Oxford University Press

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 This chapter focuses on the (unpublished) draft majority opinion where they sought to uphold the existence of such charges in existing international law, and compares it to the views of the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

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