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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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General Principles of Liability and Defences

General Principles of Liability and Defences

(p.205) 8 General Principles of Liability and Defences
The Tokyo International Military Tribunal - A Reappraisal

Neil Boister

Robert Cryer

Oxford University Press

This chapter focuses on the general principles of criminal liability as interpreted and applied by the Tokyo IMT. It looks, therefore, at inculpatory doctrines and defences. On the former side, it looks at the deeply controversial notion of conspiracy, both as a form of complicity akin to a joint criminal enterprise and as a separate inchoate crime, as well as the well-known principle of command responsibility. The extension of command responsibility to civilians was a major advance at Tokyo, although its expansion to cover entire cabinets was controversial. The chapter then looks at defences argued over in Tokyo, such as superior orders, necessity, tu quoque, and condonation.

Keywords:   conspiracy, command responsibility, superior orders, tu quoque, joint criminal enterprise

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