Interpreting the Tokyo War Crimes Trial

Interpreting the Tokyo War Crimes Trial

The first extensive study on the subject in English, this book explores the historical and political contexts of the trial as well as the social and cultural backgrounds of the linguists through trial transcripts in English and Japanese, ...

Author: Kayoko Takeda

Publisher: University of Ottawa Press

ISBN: 9780776607290

Category: Language Arts & Disciplines

Page: 183

View: 729

In order to ensure its absolute authority, the Tokyo War Crimes Tribunal (1946–1948), the Japanese counterpart of the Nuremberg Trial, adopted a three-tier structure for its interpreting: Japanese nationals interpreted the proceedings, second-generation Japanese-Americans monitored the interpreting, and Caucasian U.S. military officers arbitrated the disputes. The first extensive study on the subject in English, this book explores the historical and political contexts of the trial as well as the social and cultural backgrounds of the linguists through trial transcripts in English and Japanese, archival documents and recordings, and interviews with those who were involved in the interpreting. In addition to a detailed account of the interpreting, the book examines the reasons for the three-tier system, how the interpreting procedures were established over the course of the trial, and the unique difficulties faced by the Japanese-American monitors. This original case study of the Tokyo War Crimes Tribunal illuminates how complex issues such as trust, power, control and race affect interpreting at international tribunals in times of conflict.
Categories: Language Arts & Disciplines

Interpreting the Tokyo War Crimes Trial

Interpreting the Tokyo War Crimes Trial

The first extensive study on the subject in English, this book explores the historical and political contexts of the trial as well as the social and cultural backgrounds of the linguists through trial transcripts in English and Japanese, ...

Author: Kayoko Takeda

Publisher: University of Ottawa Press

ISBN: 9780776607290

Category: Language Arts & Disciplines

Page: 183

View: 502

In order to ensure its absolute authority, the Tokyo War Crimes Tribunal (1946–1948), the Japanese counterpart of the Nuremberg Trial, adopted a three-tier structure for its interpreting: Japanese nationals interpreted the proceedings, second-generation Japanese-Americans monitored the interpreting, and Caucasian U.S. military officers arbitrated the disputes. The first extensive study on the subject in English, this book explores the historical and political contexts of the trial as well as the social and cultural backgrounds of the linguists through trial transcripts in English and Japanese, archival documents and recordings, and interviews with those who were involved in the interpreting. In addition to a detailed account of the interpreting, the book examines the reasons for the three-tier system, how the interpreting procedures were established over the course of the trial, and the unique difficulties faced by the Japanese-American monitors. This original case study of the Tokyo War Crimes Tribunal illuminates how complex issues such as trust, power, control and race affect interpreting at international tribunals in times of conflict.
Categories: Language Arts & Disciplines

Interpreting the Tokyo War Crimes Tribunal

Interpreting the Tokyo War Crimes Tribunal

See also simultaneous interpreting about, ... See also Tokyo War Crimes Tribunal
Article 9 (b): “Fair Trial for Accused,” 17 documents submitted, English or
Japanese translations of, 42 hierarchy and learning process, 72,83
administrative ...

Author: Kayoko Takeda

Publisher: University of Ottawa Press

ISBN: 9780776619125

Category: History

Page: 192

View: 702

In order to ensure its absolute authority, the Tokyo War Crimes Tribunal (1946–1948), the Japanese counterpart of the Nuremberg Trial, adopted a three-tier structure for its interpreting: Japanese nationals interpreted the proceedings, second-generation Japanese-Americans monitored the interpreting, and Caucasian U.S. military officers arbitrated the disputes. The first extensive study on the subject in English, this book explores the historical and political contexts of the trial as well as the social and cultural backgrounds of the linguists through trial transcripts in English and Japanese, archival documents and recordings, and interviews with those who were involved in the interpreting. In addition to a detailed account of the interpreting, the book examines the reasons for the three-tier system, how the interpreting procedures were established over the course of the trial, and the unique difficulties faced by the Japanese-American monitors. This original case study of the Tokyo War Crimes Tribunal illuminates how complex issues such as trust, power, control and race affect interpreting at international tribunals in times of conflict.
Categories: History

The Tokyo War Crimes Trial

The Tokyo War Crimes Trial

Author: International Military Tribunal for the Far East

Publisher: Facsimiles-Garl

ISBN: STANFORD:36105038984238

Category: Tokyo Trial, Tokyo, Japan, 1946-1948

Page:

View: 344

Categories: Tokyo Trial, Tokyo, Japan, 1946-1948

Translating Evidence and Interpreting Testimony at a War Crimes Tribunal

Translating Evidence and Interpreting Testimony at a War Crimes Tribunal

As many of these trials have run for 200–300 days or more, any one trial may
include over 20,000 pages of transcripts. ... In her study of the consecutive
interpreting used at the Tokyo War Crimes Tribunal, Takeda also uses interviews
and ...

Author: Ellen Elias-Bursac

Publisher: Springer

ISBN: 9781137332677

Category: Political Science

Page: 311

View: 314

How can defendants be tried if they cannot understand the charges being raised against them? Can a witness testify if the judges and attorneys cannot understand what the witness is saying? Can a judge decide whether to convict or acquit if she or he cannot read the documentary evidence? The very viability of international criminal prosecution and adjudication hinges on the massive amounts of translation and interpreting that are required in order to run these lengthy, complex trials, and the procedures for handling the demands facing language services. This book explores the dynamic courtroom interactions in the International Criminal Tribunal for the Former Yugoslavia in which witnesses testify through an interpreter about translations, attorneys argue through an interpreter about translations and the interpreting, and judges adjudicate on the interpreted testimony and translated evidence.
Categories: Political Science

The Tokyo War Crimes Tribunal

The Tokyo War Crimes Tribunal

To answer this question we must turn to Roeling's ensuing discussion of the legal
status of the crime of aggressive war. ... hostility to the notion of aggressive war
as a crime is what we today would call a “realist” interpretation of international ...

Author: David Cohen

Publisher: Cambridge University Press

ISBN: 9781108577519

Category: History

Page:

View: 304

Like its Nuremberg counterpart, the Tokyo Trial was foundational in the field of international law. However, until now, the persistent notion of 'victor's justice' in the existing historical literature has made it difficult to treat it as such. David Cohen and Yuma Totani seek to redress this by cutting through persistent orthodoxies and ideologies that have plagued the trial. Instead they present it simply as a judicial process, and in so doing reveal its enduring importance for international jurisprudence. A wide range of primary sources are considered, including court transcripts, court exhibits, the majority judgment, and five separate concurring and dissenting opinions. The authors also provide comparative analysis of the Allied trials at Nuremberg, resulting in a comprehensive and empirically grounded study of the trial. The Tokyo Tribunal was a watershed moment in the history of the Asia-Pacific region. This groundbreaking study reveals it is of continuing relevance today.
Categories: History

The Tokyo Tribunal Perspectives on Law History and Memory

The Tokyo Tribunal  Perspectives on Law  History and Memory

This volume combines perspectives from law, history, and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal.

Author: Marina Aksenova

Publisher: Torkel Opsahl Academic EPublisher

ISBN: 9788283481389

Category: Law

Page: 480

View: 251

The ‘International Military Tribunal for the Far East’ (IMTFE), held in Tokyo from May 1946 to November 1948, was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries, and a mixed Japanese–American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders, and diplomats, based on a 55-count indictment pertaining to crimes against peace, war crimes, and crimes against humanity. The judgment was not unanimous, with one majority judgment, two concurring opinions, and three dissenting opinions. The trial and the outcome were the subject of significant controversy and the Tribunal’s files were subsequently shelved in the archives. While its counterpart in Europe, the ‘International Military Tribunal’ (IMT) at Nuremberg, has been at the centre of public and scholarly interest, the Tokyo Tribunal has more recently gained international scholarly attention. This volume combines perspectives from law, history, and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the 70th anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial.
Categories: Law

Doing Justice to Court Interpreting

Doing Justice to Court Interpreting

Interpreting at the Tokyo War Crimes Tribunal Kayoko Takeda Monterey Institute
of International Studies This paper gives an overview of the interpreting
arrangements at the Tokyo War Crimes Tribunal (1946—1948), focusing on
some ...

Author: Miriam Shlesinger

Publisher: John Benjamins Publishing

ISBN: 9789027287625

Category: Language Arts & Disciplines

Page: 246

View: 791

First published as a Special Issue of Interpreting (10:1, 2008) and complemented with two articles published in Interpreting (12:1, 2010), this volume provides a panoramic view of the complex and uniquely constrained practice of court interpreting. In an array of empirical papers, the nine authors explore the potential of court interpreters to make or break the proceedings, from the perspectives of the minority language speaker and of the other participants. The volume offers thoughtful overviews of the tensions and conflicts typically associated with the practice of court interpreting. It looks at the attitudes of judicial authorities towards interpreting, and of interpreters towards the concept of a code of ethics. With further themes such as the interplay of different groups of "linguists" at the Tokyo War Crimes Tribunal and the language rights of indigenous communities, it opens novel perspectives on the study of interpreting at the interface between the letter of the law and its implementation.
Categories: Language Arts & Disciplines

The Tokyo War Crimes Trial

The Tokyo War Crimes Trial

The Pursuit of Justice in the Wake of World War II Yuma Totani ... I must make it
clear to you that members of the tribunal now in Tokyo as well as myself cannot
subscribe to the view that anybody except the tribunal has power to interpret the ...

Author: Yuma Totani

Publisher: Harvard Univ Council on East Asian

ISBN: 0674033396

Category: History

Page: 335

View: 704

This book assesses the historical significance of the International Military Tribunal for the Far East (IMTFE)—commonly called the Tokyo trial—established as the eastern counterpart of the Nuremberg trial in the immediate aftermath of World War II. Through extensive research in Japanese, American, Australian, and Indian archives, Yuma Totani taps into a large body of previously underexamined sources to explore some of the central misunderstandings and historiographical distortions that have persisted to the present day. Foregrounding these voluminous records, Totani disputes the notion that the trial was an exercise in “victors' justice” in which the legal process was egregiously compromised for political and ideological reasons; rather, the author details the achievements of the Allied prosecution teams in documenting war crimes and establishing the responsibility of the accused parties to show how the IMTFE represented a sound application of the legal principles established at Nuremberg. This study deepens our knowledge of the historical intricacies surrounding the Tokyo trial and advances our understanding of the Japanese conduct of war and occupation during World War II, the range of postwar debates on war guilt, and the relevance of the IMTFE to the continuing development of international humanitarian law.
Categories: History

Interpretation in International Law

Interpretation in International Law

9See Leo Gross, 'States as Organs of International Law and the Problem of
Autointerpretation' in George Lipsky (ed), Law and ... 12 Bernard Röling and CF
Rüter (eds), The Tokyo Judgment: The International Military Tribunal for the Far
East ...

Author: Andrea Bianchi

Publisher: OUP Oxford

ISBN: 9780191038709

Category: Law

Page: 380

View: 550

International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
Categories: Law

International Prosecutors

International Prosecutors

As noted in Chapter 1, the IMTFE Charter—issued by military order—is even
shorter (17 articles) than the negotiated ... 15 On a literal interpretation, the Tokyo
Tribunal could have heard charges against Allied war criminals, although the ...

Author: Luc Reydams

Publisher: OUP Oxford

ISBN: 9780191637230

Category: Law

Page: 1032

View: 367

This volume examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a sustained collaborative effort among some twenty scholars and (former) tribunal staffers. The starting point is that the prosecution shapes a tribunal's practice and legacy more than any other organ and that a systematic examination of international prosecutors is therefore warranted. The chapters are organized chronologically, according to the successive phases of the life of the institution and the various stages of the trials. The analysis includes each institution's establishment, mandate and jurisdiction, as well as the prosecutorial framework and strategy, the prosecutor's external relations and the completion of the institution's work. The book also considers the prosecutors' independence and impartiality, and their accountability for their decisions. The volume thus provides a comprehensive picture of the mandate, organization, and operation of the prosecution in international criminal trials. As the first comprehensive study of an international legal actor whose decisions have widespread political repercussions, this book will be essential reading for all with an interest in international criminal justice.
Categories: Law

Substantive and procedural aspects of international criminal law 1 Commentary

Substantive and procedural aspects of international criminal law  1  Commentary

The Tokyo trial furthered the development of the doctrine of command
responsibility by departing from the slightly stricter ... and customary law
proscriptions of sexual violence both as war crimes and , as interpreted , crimes
against humanity .

Author: Gabrielle Kirk MacDonald

Publisher: BRILL

ISBN: 9041111336

Category: Law

Page: 3

View: 586

Vol. II, Part 1.
Categories: Law

Victors Justice

Victors  Justice

Tokyo War Crimes Trial Richard H. Minear. stood neither English nor Japanese,
the two official languages of the trial. During the trial he was assisted by a corps
of Russian interpreters (not part of the official language section and presumably ...

Author: Richard H. Minear

Publisher: Princeton University Press

ISBN: 9781400870349

Category: Law

Page: 254

View: 697

The klieg-lighted Tokyo Trial began on May 3, 1946, and ended on November 4, 1948, a majority of the eleven judges from the victorious Allies finding the twenty-five surviving defendants, Japanese military and state leaders, guilty of most, if not all, of the charges. As at Nuremberg, the charges included for the first time "crimes against peace" and "crimes against humanity," as well as conventional war crimes. In a polemical account, Richard Minear reviews the background, proceedings, and judgment of the Tokyo Trial from its Charter and simultaneous Nuremberg "precedent" to its effects today. Mr. Minear looks at the Trial from the aspects of international law, of legal process, and of history. With compelling force, he discusses the motives of the Nuremberg and Tokyo proponents, the Trial's prejudged course—its choice of judges, procedures, decisions, and omissions—General MacArthur's review of the verdict, the criticisms of the three dissenting judges, and the dangers inherent in such an international, political trial. His systematic, partisan treatment pulls together evidence American lawyers and liberals have long suspected, feared, and dismissed from their minds. Contents: Preface. I. Introduction. II. The Tokyo Trial. III. Problems of International Law. IV. Problems of Legal Process. V. Problems of History. VI. After the Trial. Appendices. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Categories: Law

Crimes against Humanity

Crimes against Humanity

... other tribunals picked up where Nuremberg and Tokyo left off and tried the “
lesser” war criminals.294 There is some terminological ... The Tokyo War Crimes
Trial, R. John Pritchard, An Overview of the Historical Importance of the Tokyo
War Trial, Nissan Occasional Paper Series No. ... Tribunal, and the tribunal's
legal views regarding the foundations of jurisdiction and the interpretation of
existing law).

Author: M. Cherif Bassiouni

Publisher: Cambridge University Press

ISBN: 9781139498937

Category: Law

Page:

View: 190

This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.
Categories: Law

A History of War Crimes Trials in Post 1945 Asia Pacific

A History of War Crimes Trials in Post 1945 Asia Pacific

Written by the Director of the Tokyo Trial Research Centre at China's Shanghai Jiao Tong University, this book provides a unique analysis of war crime trials in Asia-Pacific after World War II. It offers a comprehensive review of key events ...

Author: Zhaoqi Cheng

Publisher: Springer

ISBN: 9789811366970

Category: History

Page: 358

View: 385

Written by the Director of the Tokyo Trial Research Centre at China's Shanghai Jiao Tong University, this book provides a unique analysis of war crime trials in Asia-Pacific after World War II. It offers a comprehensive review of key events during this period, covering preparations for the Trial, examining the role of the War Crimes Commission of the United Nations as well as offering a new analysis of the trial itself. Addressing the question of conventional war crimes, crimes against humanity, crimes against peace (such as the Pearl Harbor Incident) and violations of warfare law, it follows up with a discussion of post-trial events and the fate of war criminals on trial. Additionally, it examines other Japanese war crime trials which happened in Asia, as well as considering the legacy of the Tokyo trial itself, and the foundation of a new Post-War International Order in East Asia.
Categories: History

Double Jeopardy Without Parameters

Double Jeopardy Without Parameters

Victor's Justice: The Tokyo War Crimes Trial. Tokyo: C. Tuttle, p. 57: Given this
record, it is hardly surprising that the four governments that organised the
Nuremberg trial of 1945-1946 included no definition of “aggression” in the
Tribunal's ...

Author: Olaoluwa Olusanya

Publisher: Intersentia nv

ISBN: 9789050953894

Category: Law

Page: 278

View: 594

This book deals with the double jeopardy rule, namely the practice of multiple characterisation of the same facts, under different headings, in international criminal law. Such practice is problematic, due to the fact that know how it works within the context of international criminal law. How does one distinguish a situation in which an act may appear simultaneously to breach several criminal provisions, whilst in reality it violates only one, from another where the act does in fact breach more than one criminal provision? International crimes such as genocide, crimes against humanity and war crimes cannot be confined a single category of well-defined offences such as murder, voluntary or involuntary manslaughter, theft, etc. Instead these crimes embrace broad clusters of identical offences and share certain general legal features. Multiple characterisation of the same facts under different headings in international criminal law is therefore a complex legal problem. Every case of multiple convictions based on one act is, at its best, a plausible conjecture which however every next judgment may turn out to be a counter judgment. This book provides a combination of innovative charts, analysis, debate and solutions. From a unique perspective it examanies the history of international crimes and the jurisprudence of World War II tribunals, contemporary ad hoc international criminal tribunals, the International Criminal Court and special courts, as well as national law on international crimes.
Categories: Law

Implementing International Humanitarian Law

Implementing International Humanitarian Law

From the Ad Hoc Tribunals to a Permanent International Criminal Court Yusuf
Aksar ... In this sense , there should not be any doubt that this way of
interpretation and application of the concept will create a precedential value for
future cases of the ad hoc tribunals and more ... concept of individual criminal
responsibility were the practice of the International Military Tribunals at
Nuremberg and Tokyo and ...

Author: Yusuf Aksar

Publisher: Psychology Press

ISBN: 0714684708

Category: Political Science

Page: 314

View: 297

This book examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR)
Categories: Political Science

The Tokyo Trial

The Tokyo Trial

This collection of essays represents a distinctively Chinese approach to the interpretation of the Tokyo Trial and its significance today.

Author:

Publisher: Cambridge University Press

ISBN: 9781107060388

Category: History

Page: 286

View: 590

This collection of essays represents a distinctively Chinese approach to the interpretation of the Tokyo Trial and its significance today.
Categories: History

Documents on the Rape of Nanking

Documents on the Rape of Nanking

C. Hosoya et al . , eds . , Tokyo War Crimes Trial , 153 , see p . ... I raise this
suggestion not to counter Minear's evaluation of Pal's interpretation so much as
to insert some distance between his judgment and his own subject position . 36.

Author: Timothy Brook

Publisher: University of Michigan Press

ISBN: 0472086626

Category: History

Page: 301

View: 480

Newly revised resources for understanding the Rape of Nanking
Categories: History

Captured

Captured

I intend to discuss my use of problematic sources, such as the Tokyo War Crimes
Trial transcripts and the International ... Manila Trials, Piccigallo notes that some
correspondents in the courtroom were “shocked” by the “loose interpretation of ...

Author: Frances B. Cogan

Publisher: University of Georgia Press

ISBN: 9780820343525

Category: History

Page: 384

View: 478

More than five thousand American civilian men, women, and children living in the Philippines during World War II were confined to internment camps following Japan's late December 1941 victories in Manila. Captured tells the story of daily life in five different camps--the crowded housing, mounting familial and international tensions, heavy labor, and increasingly severe malnourishment that made the internees' rescue a race with starvation. Frances B. Cogan explores the events behind this nearly four-year captivity, explaining how and why this little-known internment occurred. A thorough historical account, the book addresses several controversial issues about the internment, including Japanese intentions toward their prisoners and the U.S. State Department's role in allowing the presence of American civilians in the Philippines during wartime. Supported by diaries, memoirs, war crimes transcripts, Japanese soldiers' accounts, medical data, and many other sources, Captured presents a detailed and moving chronicle of the internees' efforts to survive. Cogan compares living conditions within the internment camps with life in POW camps and with the living conditions of Japanese soldiers late in the war. An afterword discusses the experiences of internment survivors after the war, combining medical and legal statistics with personal anecdotes to create a testament to the thousands of Americans whose captivity haunted them long after the war ended.
Categories: History