Australia's War Crimes Trials 1945-51 / by Georgina Fitzpatrick, Tim McCormack, Narrelle Morris.

Format:

Book

Author/Creator:

Fitzpatrick, Georgina (Historian)

Contributor:

McCormack, Timothy L. H.

Morris, Narrelle.

Series:

International Humanitarian Law Series 48.

International Humanitarian Law Series ; v. 48

Language:

English

Subjects (All):

War crime trials--Australia.

War crime trials.

War criminals--Japan.

War criminals.

World War, 1939-1945--Law and legislation--Australia.

World War, 1939-1945.

World War, 1939-1945--Atrocities--Pacific Area.

Australia.

Japan.

Pacific Area.

Physical Description:

1 online resource (911 pages) : illustrations, maps.

Place of Publication:

Leiden, The Netherlands : Brill Nijhoff.

Summary:

This unique volume provides a detailed analysis of Australia’s 300 war crimes trials of principally Japanese accused conducted in the immediate aftermath of the Second World War. Part I contains contextual essays explaining why Australia established military courts to conduct these trials and thematic essays considering various legal issues in, and historical perspectives on, the trials. Part II offers a comprehensive collection of eight location essays, one each for the physical locations where the trials were held. In Part III post-trial issues are reviewed, such as the operation of compounds for war criminals; the repatriation of convicted Japanese war criminals to serve the remainder of their sentences; and reflections of some of those convicted on their experience of the trials. In the final essay, a contemporary reflection on the fairness of the trials is provided, not on the basis of a twenty-first century critique of contemporary minimum standards of fair trial expected in the prosecution of war crimes, but by reviewing approaches taken in the trials themselves as well as from reactions to the trials by those associated with them. The essays are supported by a large collection of unique historical photographs, maps and statistical materials. There has been no systematic and comprehensive analysis of these trials so far, which has meant that they are virtually precluded from consideration as judicial precedent. This volume fills that gap, and offers scholars and practitioners an important and groundbreaking resource.

Contents:

Preliminary Material / Georgina Fitzpatrick , Tim McCormack and Narrelle Morris

The Australian War Crimes Trials, 1945–51 / Tim McCormack and Narrelle Morris

The Emperor’s Army: Military Operations and Ideology in the War against Australia / Steven Bullard

Jurisdiction of the Australian Military Courts 1945–51 / Tim McCormack

The Australian Military Courts under the War Crimes Act 1945— Structure and Approach / Michael Paes

Command Responsibility and Other Grounds of Criminal Responsibility / Gideon Boas and Lisa Lee

Obedience to Superior Orders and Related Defences / Monique Cormier and Sarah Finnin

The Prosecution of Crimes against Civilians / Bridget Dunne and Helen Durham

Crimes against Captured Airmen / Tristan Moss and Georgina Fitzpatrick

Crimes against Asians in Command Responsibility Trials / Yuma Totani

Cannibalism and the War Crimes Trials / Georgina Fitzpatrick

Death Sentences, Japanese War Criminals and the Australian Military / Georgina Fitzpatrick

The Trials on Morotai / Georgina Fitzpatrick

The Trials at Wewak / Georgina Fitzpatrick

The Trials on Labuan / Georgina Fitzpatrick

The Trials in Darwin / Georgina Fitzpatrick

The Trials in Rabaul / Georgina Fitzpatrick

The Trials in Singapore / Georgina Fitzpatrick

The Trials in Hong Kong / Georgina Fitzpatrick

Last Trials: Manus Island / Georgina Fitzpatrick

The Australian War Criminals Compounds at Rabaul and on Manus Island, 1945–53 / Narrelle Morris

Changing Direction: Repatriation of Japanese War Criminals in Australian Custody / Dean Aszkielowicz

The ‘Post-War’ of the BC-Class War Criminals: How Did War Criminals React to the Australian Trials? / Utsumi Aiko , Udagawa Kōta and Steven Bullard

Were the Australian Trials Fair? / Narrelle Morris and Tim McCormack

Appendix I War Crimes Act 1945 (Cth) / Georgina Fitzpatrick , Tim McCormack and Narrelle Morris

Appendix II Regulations for the Trial of War Criminals 1945 (Cth) / Georgina Fitzpatrick , Tim McCormack and Narrelle Morris

Appendix III Board of Inquiry List of War Crimes / Georgina Fitzpatrick , Tim McCormack and Narrelle Morris

Appendix IV Trials List with National Archives of Australia Series and Item Number / Georgina Fitzpatrick , Tim McCormack and Narrelle Morris

Indices / Georgina Fitzpatrick , Tim McCormack and Narrelle Morris.

Notes:

"IHUL 48."

Includes bibliographical references and indexes.

ISBN:

90-04-29205-5

OCLC:

953708534

Publisher Number:

10.1163/9789004292055 DOI