The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives. Several of the essays in the collection are based on the authors’ extensive archival research in Japan, Australia, the United States and New Zealand, providing rich insights into Japanese societal attitudes towards the Trial, biological experimentation by the Japanese Army in China, as well as the trial of Korean prison guards and prosecutions for rape and sexual assault in the post-war period. Some of the essays deal with particular participants in the Trial, examining the role of individual judges, and the selection of defendants and the decision not to prosecute the Emperor. Other essays analyse the Trial from a legal perspective, and address its impact on concepts such as command responsibility, conspiracy and war crimes. The majority of the essays seek to identify and address some of the ‘forgotten crimes’ in the Tokyo Trial. These include crimes committed in China and Korea (particularly the activities of the infamous Unit 731), crimes committed against comfort women, and crimes associated with the atomic bombings of Hiroshima and Nagasaki, the conventional firebombing of other Japanese cities and the illicit drug trade in China. Finally, the collection includes a number of essays which consider the importance of studying the Tokyo Trial and its contemporary relevance. These issues include an examination of the way in which academics have ‘written’ the Trial over the last 60 years, and an analysis of some of the lessons that can be drawn for international trials in the future.

The history of international criminal justice told through the revealing stories of some of its primary intellectual figures.

The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.

In an era marked by atrocities perpetrated on a grand scale, the tragedy of the so-called comfort women—mostly Korean women forced into prostitution by the Japanese army—endures as one of the darkest events of World War II. These women have usually been labeled victims of a war crime, a simplistic view that makes it easy to pin blame on the policies of imperial Japan and therefore easier to consign the episode to a war-torn past. In this revelatory study, C. Sarah Soh provocatively disputes this master narrative. Soh reveals that the forces of Japanese colonialism and Korean patriarchy together shaped the fate of Korean comfort women—a double bind made strikingly apparent in the cases of women cast into sexual slavery after fleeing abuse at home. Other victims were press-ganged into prostitution, sometimes with the help of Korean procurers. Drawing on historical research and interviews with survivors, Soh tells the stories of these women from girlhood through their subjugation and beyond to their efforts to overcome the traumas of their past. Finally, Soh examines the array of factors— from South Korean nationalist politics to the aims of the international women’s human rights movement—that have contributed to the incomplete view of the tragedy that still dominates today.

Hirohito: Guilty or Innocent: The Trial of the Emperor is a book of information and training, a reference book that should be read as an educational tool on Japan’s war in South East Asia and the Pacific. The book opens the debate on Hirohito’s responsibility during World War II with a posthumous trial against the Japanese emperor before the Permanent Peoples’ Court for crimes against peace, war crimes, and crimes against humanity.

Seventy years have passed since the end of the Asia-Pacific War, yet Japan remains embroiled in controversy with its neighbors over the war’s commemoration. Among the many points of contention between Japan, China, and South Korea are interpretations of the Tokyo War Crimes Trial, apologies and compensation for foreign victims of Japanese aggression, prime ministerial visits to the Yasukuni Shrine, and the war’s portrayal in textbooks. Collectively, these controversies have come to be called the “history problem.” But why has the problem become so intractable? Can it ever be resolved, and if so, how? To answer these questions author Hiro Saito mobilizes the sociology of collective memory and social movements, political theories of apology and reconciliation, psychological research on intergroup conflict, and philosophical reflections on memory and history. The history problem, he argues, is essentially a relational phenomenon caused when nations publicly showcase self-serving versions of the past at key ceremonies and events: Japan, South Korea, and China all focus on what happened to their own citizens with little regard for foreign others. Saito goes on to explore the emergence of a cosmopolitan form of commemoration taking humanity, rather than nationality, as its primary frame of reference, an approach increasingly used by a transnational network of advocacy NGOs, victims of Japan’s past wrongdoings, historians, and educators. When cosmopolitan commemoration is practiced as a collective endeavor by both perpetrators and victims, Saito argues, a resolution of the history problem—and eventual reconciliation—will finally become possible. The History Problem examines a vast corpus of historical material in both English and Japanese, offering provocative findings that challenge orthodox explanations. Written in clear and accessible prose, this uniquely interdisciplinary book will appeal to sociologists, political scientists, and historians researching collective memory, nationalism and cosmopolitanism, and international relations—and to anyone interested in the commemoration of historical wrongs. An electronic version of this book is freely available thanks to the support of libraries working with Knowledge Unlatched, a collaborative initiative designed to make high-quality books open access for the public good. The open-access version of this book is licensed under Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0), which means that the work may be freely downloaded and shared for non-commercial purposes, provided credit is given to the author. Derivative works and commercial uses require permission from the publisher.

Several war crimes trials are well-known to scholars, but others have received far less attention. This book assesses a number of these little-studied trials to recognise institutional innovations, clarify doctrinal debates, and identify their general relevance to the development of international criminal law.