Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The advantages and disadvantages of “tribunals”
The role played by tribunals and the court system
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The advantages and disadvantages of “tribunals”
The International Military Tribunal for the Far East "Before assembling here today the Members of the Tribunal signed a joint affirmation to administer justice according to law, without fear, favor or affection. We fully appreciate the great responsibility resting upon us. There has been no more important criminal trial in all history. Certainly we are not a Senate or a House of Peers met for the impeachment of a Verrus or a Hastings, but a court of our respective countries. On the other hand the accused before us were no mere provincial governors, but for more than a decade were the leaders of Japan at the height of her power and prosperity. They include former prime ministers, foreign ministers, finance ministers, chiefs of staff, and others who have filled the highest places in the government of Japan. The crimes alleged are crimes against the peace of the world, against the laws of war. And against humanity, and conspiracy to commit these crimes. They are so many and so great that is was decided the appropriate forum would be a military tribunal of an international character, namely a tribunal comprised of the representatives of the Allied powers that defeated Japan. While the former high rank of the accused of itself entitles them to no greater consideration than would be extended to the humblest Japanese private or Korean guard, the number and quality of the crimes charged ensure for them the most anxious consideration by the Tribunal of the evidence that will be adduced, and also the most careful ascertainment by the Tribunal of the law applicable. To our great task we bring open minds both on the facts and on the law. The onus will be on the prosecution to establish guilt beyond reasonable doubt." All Japan... ... middle of paper ... ...e to make a written application in advance before seeking to produce any evidence in the form of documents or witnesses. This prior disclosure however was not necessary for the Prosecution. There was also detrimental information that was obtained from the Accused without any legal protection prior to the trials. In essence the Defense team was seriously understrengthed and unprepared to face such a complete, powerful, and large prosecution team. The 28 defendants charged were selected after international deliberations and the International Prosecution Section made the final decision. Of these 28, two committed suicide and one was declared insane, and out of the 25 remaining were convicted and all but 2 were found guilty on at least two charges. The Tribunal had completed its duties in applying international law, whether just or not, upon Japan’s War Criminals.
"I shall show you what happens to people who defy the laws of the land! In the tribunal everybody is equal, here there is no regard for rank or position. The great torture shall be applied to you!" (194)
The United States of America’s use of the atomic bomb on the Japanese cities of Hiroshima and Nagasaki has spurred much debate concerning the necessity, effectiveness, and morality of the decision since August 1945. After assessing a range of arguments about the importance of the atomic bomb in the termination of the Second World War, it can be concluded that the use of the atomic bomb served as the predominant factor in the end of the Second World War, as its use lowered the morale, industrial resources, and military strength of Japan. The Allied decision to use the atomic bomb not only caused irreparable physical damage to two major Japanese cities, but its use also minimized the Japanese will to continue fighting. These two factors along with the Japanese neglect of the Soviet Invasion of Manchuria, proved that the Allied use of the atomic bomb was the definitive factor in the Japanese decision to surrender.
3. The court stated: "We conclude that when the ground for asserting privilege as to subpoenaed materials sought for use in criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of justice. The generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial.
One of, if not the most influential part, of allowing the bombs to drop is because of the mentality of the Japanese military and the pull they had in politics. As Maddox stated, “[t]he army, not the Foreign Office controlled the situation” (Maddox, pg. 286). Although Japan had an influential leader in regards to their emperor, the military wanted to and would have engag...
Some 1,500 “enemy aliens” who were thought to have connections with Japan were immediately rounded up and interned by the De...
To understand the fact that the mood of the novel was a very racially charged, the reader can reflect back to this time period in history and understand why it was so hard for Kabuo Miyamoto to receive a fair trial. One piece of historical evidence that show the racial animosity that majority of the population felt toward Japanese Americans the aftermath of the bombing of Pearl Harbor. In the early morning hours of December 7, 1941 the United States was deliberately attacked by the Empire of Japan (Shandley 5). Within a few hours the Japanese has destroyed a majority of the Pacific Fleet of the United States naval capacity (5). Yet to the average American they took much more. The attack drove the American way of life into that of xenophobic thought. Never before had the United States been invaded in such a was as the events of December 7. Americans, in shock, feared anyone that they believed as being “enemy alien”(Desai 2). The American government in an effort combat this fear and to resolve the chance of “Japanese Aggression toward the United States as a whole” enacted the Executive order 9066 (Desai ...
After World War II, the victorious Allies decided to hold a trial for the defeated Nazis. These trials lasted from November 20, 1945 till October 1, 1946. Although the victors claimed that they would give the accused a fair trial, upon closer inspection we can see that in reality, these trials were biased and were a “victor’s justice.”
Even after all the proof of their innocents and the 99 witness that protested their innocents the jury still put them to death. Also during this time Attorney General Mitchell Palmer lead raids known as the Palmer Raids agai...
"Was the Atomic Bombing of Japan Justifiable?" The Pacific War 1941-43. Web. 10 June 2010.
The Incarceration of Japanese Americans is widely regarded as one of the biggest breaches of civil rights in American History. Incarceration evolved from deep-seated anti-Japanese sentiment in the West Coast of the United States. After the Japanese attacked Pearl Harbor on December 7th, 1941, pressure from the military leadership, politicians, media and nativist groups in the West Coast eventually convinced the President Franklin Roosevelt that action had to be taken to deal with the national security “threat” that Japanese Americans posed. In reality, Japanese Americans were no real threat to the United States, but the racist sentiments against them prevailed and greatly influenced United States policy during the war.
Working, Russell. "The Trial of Unit 731." The Japan Times Online. N.p., 1 June 2001. Web. 6 Dec. 2011. .
The report of the Lytton Commission was undoubtedly a unique achievement. Although a neutral commission investigated the underlying factors of the affair with much care, the tediousness of the task required a large span of time, and it seemed that Japan did not take the prolonged actions of the League of Nations into serious consideration. In fact, despite the investigation of the Lytton Commission, the situation in Manchuria continued to worsen. The lesson of the League’s failure to deal effectively with the Manchurian incident was epitomized by Japan’s withdrawal from the League of Nations. At this point, the sincerity of Japan’s approval of the final report was revealed, and they prepared for new and greater conquests in China, ultimately worsening Sino-Japanese relations.
What is a military tribunal? Has the U.S. used military tribunals in the past? Is the U.S. currently using military tribunals and, if so, what is their status?
Gamble, Adam, and Takesato Watanabe. A Public Betrayed: An inside Look at Japanese Media Atrocities and Their Warnings to the West. Washington, D.C.: Regnery Pub., 2004. Print.
A war crime is an unjust act of violence in which a military personnel violates the laws and acceptable behaviors of a war. Despite all the violence in a war, a soldier shooting another is not considered a war crime because it is not a violation to the laws and practices of a war, and it is considered just. A war crime is defined as a “violations [violation] of the laws and customs of war” (“War Crimes”), and are attacks “against civilian populations, prisoners of war, or in some cases enemy soldiers in the field” (Friedman). War crimes are typically committed with weapons or by uncommon, cruel, devastating military methods and are “…Committed primarily by military personnel” (Friedman). There are many different types of war crimes one can commit, including “murder, ill treatment…murder or ill treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages or devastation not justified by military necessity” (Friedman). Originally constructed as international law by the London Charter on August 8th, 1945 and further developed by the Hague Conventions of 1899, 1907 and the Nuremberg trials, war crimes are aggressive, unacceptable and unjust actions performed by military workforce that occur during a war.