Hong Kong's War Crimes Trials
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Product details:
- Publisher OUP Oxford
- Date of Publication 26 September 2013
- ISBN 9780199643288
- Binding Hardback
- No. of pages304 pages
- Size 240x162x24 mm
- Weight 610 g
- Language English 0
Categories
Short description:
Immediately after the Second World War 46 trials were held by the British military in Hong Kong in which 123 defendants, mainly from Japan, were tried for war crimes. This book is the first to analyze these trials, situating them within their historical context and showing their importance for the development of international criminal law.
MoreLong description:
In the aftermath of the Second World War, the British military held 46 trials in Hong Kong in which 123 defendants, from Japan and Formosa (Taiwan), were tried for war crimes. This book provides the first comprehensive legal analysis of these trials. The subject matter of the trials spanned war crimes committed during the fall of Hong Kong, its occupation, and in the period after the capitulation following the nuclear bombings of Hiroshima and Nagasaki, but before the formal surrender. They included killings of hors de combat, abuses in prisoner-of-war camps, abuse and murder of civilians during the military occupation, forced labour, and offences on the High Seas. The events adjudicated included those from Hong Kong, China, Japan, the High Seas, and Formosa (Taiwan). Taking place in the same historical period as the more famous Nuremberg and Tokyo trials, the Hong Kong war crimes trials provide key insights into events of the time, and the development of international criminal law and procedure in this period.
A team of experts in international criminal law examine these trials in detail, placing them in their historical context, investigating how the courts conducted their proceedings and adjudicated acts alleged to be war crimes, and evaluating the extent to which the Hong Kong trials contributed to the development of contemporary issues, such as joint criminal enterprise and superior orders. There is also comparative analysis with contemporaneous proceedings, such as the Australian War Crimes trials, trials in China, and those conducted by the British in Singapore and Germany, placing them within the wider history of international justice. This book is essential reading for anyone interested in the development of international criminal law and procedure.
From a young Chinese lawyer's perspective, the book... represents a gift from the elder generation of international law scholars who demonstrated meticulous archival research, fine interdisciplinary methodology and lawyers' responsibility in the midst of highly emotional and politically driven debates... The publication of Hong Kongs War Crimes Trials marks not the end, but the beginning of a larger, ongoing process for subsequent academics and practitioners alike.
Table of Contents:
Foreword
Foreword
Introduction
Major Murray Ormsby: Prosecutor and Judge of the Hong Kong Military Courts 1946-1948
Trial Procedure at the British Military Courts, Hong Kong, 1946-1948
The Prisoner of War Camp Trials
War Crimes
On Being "Concerned" in a Crime: Embryonic Joint Criminal Enterprise
The Plea of Superior Orders in the Hong Kong Trials
Concluding Analysis
