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Wakeling - Stern Justice

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Wakeling Stern Justice
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    Stern Justice
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Prologue -- Introduction -- Part one: Emperor -- Part two: Ministers -- Part three: Soldiers -- Part four: Reactions and resolution -- Conclusion -- Appendix A -- Appendix B -- Appendix C -- Acknowledgments -- Notes -- Bibliography -- Index.;For the first time Australia speaks, not for herself alone, but for the whole British Commonwealth. So wrote a journalist about Australias leading role in the Allied program of war crimes trials which followed the end of the Second World War in the Pacific. An Australian judge, Sir William Webb, was president of the Tokyo Trial of Japans wartime political and military leaders, and Australia conducted hundreds of other trials throughout the Asia-Pacific region. The most tenacious of the Allied prosecutors, Australia led the unsuccessful bid to prosecute Emperor Hirohito as a war criminal and was the last country to conduct war crimes trials against the Japanese, on Manus Island in 1951. The aim of the trials was to prevent a repetition of the horrors of the Pacific War, in which millions had perished, mostly civilians, and tens of thousands of prisoners of war had died in Japanese captivity. Yet debate around the trials was fierce at the time - whether they had a legal basis, whether the Emperor should have been prosecuted, and whether their devastating bombing of Japanese cities had robbed the Allies of the moral authority to put their enemies on trial. Seventy years on, much remains to be learnt from both the successes and failures of these trials. Were they fair? Were their goals realistic? Were they acts of justice or revenge? With international law more important today than ever, Stern Justice makes an irrefutable case for not allowing them to stay forgotten--Page 4 of cover.

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Contents
References to web pages for DFAT Department of Foreign Affairs and Trade have - photo 1

References to web pages for DFAT (Department of Foreign Affairs and Trade) have been confined to the main page only.

PROLOGUE

Okadas trial was Morotai M27. The transcript and other documents are in the National Archives of Australia at NAA A471 80722 series number A471, control symbol 80772, barcode 822577.

National Archives, op. cit., p 88. Minor errors in the transcripts of trials have been corrected throughout.

ibid., p 89.

ibid., pp 9295.

ibid., pp 78.

Bullard, Stephen, The Emperors Army: Military Operations and Ideology in the War Against Australia, Australias War Crimes Trials, 194551 , ed. Fitzpatrick, Georgina; McCormack, Tim; Morris, Narrelle, Brill Nijhoff, Netherlands, 2016, p 53; Aszkielowicz, Dean, Repatriation and the Limits of Resolve: Japanese War Criminals in Australian Custody, Japanese Studies , vol. 31, no. 2, September 2011, p 213.

Fitzpatrick, Georgina, Death Sentences, War Criminals and the Australian Military, Fitzpatrick; McCormack et al., op. cit. pp 322323.

, p 50.

. The 1950 procedure was little changed from that used in the first half of the twentieth century.

Aiko, Utsumi & Udagawa, Kota, transl. Bullard, Steven, The Post-War of the BC-Class War Criminals: How Did War Criminals React to the Australian Trials?, Fitzpatrick, McCormack, et al., op. cit., p 762. Yamamotos trial was ML36; his account is in the 1953 edition of Testament of the Century , pp 491492.

ibid., p 763. Yabes trial was M12; his account is on p 505.

Fitzpatrick in Fitzpatrick, McCormack, et al., op. cit., p 338.

ibid., p 326.

ibid., p 339.

Executions at Morotai, Sydney Morning Herald , 8 March 1946, p 3.

ibid.

Fitzpatrick in Fitzpatrick, McCormack, et al., op. cit., p 339.

Japs Pay Penalty, Courier-Mail , 8 March 1946, p 1.

INTRODUCTION

Wilson, Sandra; Cribb, Robert; Trefalt, Beatrice; Aszkielowicz, Dean, Japanese War Criminals: The Politics of Justice After the Second World War , Columbia University Press, United States, 2017, p 274; Crowe, D., War Crimes, Genocide, and Justice: A Global History , Palgrave Macmillan, United States, 2014.

Piccigallo, Philip R., The Japanese on Trial: Allied War Crimes Operations in the East, 19451951 , University of Texas Press, United States, 1979, p 264; Wilson, Sandra, After the Trials: Class B and C Japanese War Criminals and the Post-War World, Japanese Studies , vol. 31, no. 2, September 2011, pp 141151.

See p 348 (note 2 under Part Three, Chapter 1) for more on the numbers.

Cribb, Robert, Avoiding Clemency: The Trial and Transfer of Japanese War Criminals in Indonesia, 19461949, Japanese Studies , vol. 31, no. 2, September 2011, p 161.

Australia Demands Justice, Sydney Morning Herald , 11 September 1945, p 1.

Blain Urges: Treat Japs Like Bad Children, Tweed Daily , 1 October 1945, p 1.

Dower, John W., War Without Mercy: Race and Power in the Pacific War , Faber & Faber, United States, 1986, p 33.

ibid., p 527.

Johnston, Mark, Fighting the Enemy: Australian Soldiers and their Adversaries in World War II, Cambridge University Press, United Kingdom, 2000, p 79.

ibid., p 88.

Arbour, Louise, The Rule of Law and the Reach of Accountability, The Rule of Law , ed. Le Roy, Katherine & Saunders, Cheryl, The Federation Press, Australia, 2003, p 104.

Sellars, Kirsten, Imperfect Justice at Nuremberg and Tokyo, European Journal of International Law , vol. 21, no. 4, 2010, pp 10851102.

Wilson, After the Trials, op. cit., p 146.

Aiko & Udagawa, op. cit., p 761. Gotos trial was R48; his statement is in Testament of the Century , p 484.

ibid.

Wilson, After the Trials, op. cit., p 141.

CHAPTER I

Hoyt, Edwin P., Warlord: Tojo Against the World (2001 ed.), Cooper Square Press, United States, 1993, p 6.

Bix, Herbert P., Hirohito and the Making of Modern Japan , Harper Perennial, United States, 2016 (2 nd ed.), p 515.

Dower, John W., Embracing Defeat: Japan in the Aftermath of World War II , Penguin, United Kingdom, 2000, p 91.

Bix, op. cit., p 491.

Bix, op. cit., p 15.

Brendon, Piers, The Dark Valley: A Panorama of the 1930s , Vintage Books, United States, 2002, p 451.

Also referred to as the Minister for War, but the Ministry was responsible only for the Army.

Bix, op. cit., p 513.

Frank, Richard, Downfall: The End of the Imperial Japanese Empire , Penguin, United States, 1999, pp 296297.

ibid.

ibid.

Bix, op. cit., p 517.

Truman, Harry S., Year of Decisions , Hodder & Stoughton, United Kingdom, 1995, p 360362.

Totani, Yuma, The Tokyo War Crimes Trial: The Pursuit of Justice in the Wake of World War II , Harvard University Press, United States, 2008, p 46.

.

Carrel, Michael, Australias Prosecution of Japanese War Criminals: Stimuli and Constraints, The Legacy of Nuremberg: Civilising Influence Or Institutionalised Vengeance? , ed. Blumenthal, David A. & McCormack, Timothy L.H., Koninklije Brill, BV, Netherlands, pp 239, 240.

Murphy, John, Evatt: A Life , New South Press, Australia, 2016, p 1.

Truman, op. cit., p 363.

CHAPTER II

Frank, op. cit., p 297.

Meiji Japan had reformed its aristocracy along British lines. Konoes title of koshaku was actually closer to duke in the European system, but prince is the official English translation. He was not a member of the Imperial family.

Bix, op. cit., p 492.

Frank, op. cit., p 298.

Bix, op. cit., p 519.

Frank, op. cit., p 311.

Bix, op. cit., 519.

Frank, op. cit., p 315.

Dower, Embracing Defeat , op. cit.

Aihara Yu, letter to Asahi Shimbun newspaper, 16 May 1995, quoted in Dower, Embracing Defeat, op. cit., pp 3334.

Emperor Hirohito , 2005 BBC Discovery Channel Co-Production.

Wigmore, Lionel, Australia in the War of 19391945, Series 1 Army, Volume IV The Japanese Thrust , Australian War Memorial, 1957, p 635.

ibid., p 637.

MacArthur, Douglas, Reminiscences , McGraw-Hill, United States, 1964, p 265.

ibid., p 101.

Herman, Arthur, Douglas MacArthur: American Warrior , Random House, United States, 2009, p xi.

Fairbank, John K., Digging Out Doug, New York Review of Books, 12 October 1978.

Herman, op. cit., p 499.

500,000 Watch Victory March in City, Sydney Morning Herald , 17 August 1945, p. 5; Peace Celebrations in the City, The Age , 15 August 1945, p 5.

The Hour of Victory, Sydney Morning Herald , 16 August 1945, p 2.

Canberra in State of Suspense, The Argus , 15 August 1945, p 3.

Japanese War Criminals, The Age , 17 August 1945, p 2.

Hirohito as War Criminal, Sydney Morning Herald , 20 August 1945, p 3.

CHAPTER III

Dower, Embracing Defeat , op. cit., p 59.

Japs Try Own Officers, Sydney Morning Herald , 29 June 1946, p 3.

Dower, Embracing Defeat, op. cit., 125126.

Wood, op. cit., p 25.

Wigmore, op. cit., p 358.

Ham, Paul, Kokoda , HarperCollins, Australia, 2004, p 192.

House of Representatives Hansard, 30 November 1944.

Senate Hansard, 4 October 1945 (Senator Ashley); Sissons, op. cit., p 7.

Wilson, Sandra, Prisoners in Sugamo and Their Campaign for Release, 19521953, Japanese Studies , vol. 31, no. 2, September 2011, p 174.

McCormack, Tim & Morris, Narrelle, The Australian War Crimes Trials, 19451951, Fitzpatrick, McCormack, et. al., op. cit., p 18.

Dower, Embracing Defeat , op. cit., p 290.

ibid., p 287.

ibid.

Herman, op. cit., p 654.

Kases account is quoted in MacArthur, op. cit., pp 272277.

ibid., p 272.

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