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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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War Crimes

War Crimes

(p.175) 7 War Crimes
The Tokyo International Military Tribunal - A Reappraisal

Neil Boister

Robert Cryer

Oxford University Press

Although the Tokyo IMT focused to a great degree on the crimes against peace charges, the other significant counts of the indictment related to a crime were clearly established in international law at the time. This chapter discusses the findings of the Tokyo IMT on two aspects of these counts. The first of these is the findings on the law, including the applicability of the Hague Regulations, the 1929 Geneva Convention, and customary law. The second is the findings on the facts, such as the Bataan Death March, the Rape of Nanking, and the Burma-Siam railway. The findings of the majority are contrasted with those of Judge Pal, who took a very sceptical approach to the evidence.

Keywords:   international humanitarian law, Hague Regulations, prisoners of war, Rape of Nanking, Bataan Death March

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