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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 Conduct of the Trial

The Conduct of the Trial

(p.74) 4 The Conduct of the Trial
The Tokyo International Military Tribunal - A Reappraisal

Neil Boister

Robert Cryer

Oxford University Press

This chapter explores aspects of the process used at the trial in order to decide whether the goal of holding a fair trial was achieved, when measured against the standards prevailing at the time. Where appropriate it draws comparisons with modern practices. It examines this material in five sections: procedural standards and models looks at the then current fair trial yardsticks and the non-technical procedural model developed to try war crimes; the pre-trial process looks at the selection of prosecutors, defence counsel, and judges and examines pre-existing judicial bias; formal procedural rules looks at the provisions for procedure in the Charter and those adopted by the judges at the outset of the trial; the trial process looks at selected aspects of the conduct of the trial in depth; and rules of evidence focuses on the admission of documentary evidence under the broad rules of admissibility.

Keywords:   procedure, evidence, rules, fair trial, adversarial, bias, admissibility, exclusionary rules, probative value, documentary evidence

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