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William Patrick and ‘Crimes Against Peace’ at the Tokyo Tribunal, 1946-1948

The Edinburgh Law Review, Vol. 15, No. 2, pp. 166-196, 2011

34 Pages Posted: 3 May 2011 Last revised: 24 Oct 2015

Kirsten Sellars

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: April 29, 2011

Abstract

After the Second World War, the victorious allies convened the International Military Tribunal for the Far East to punish Japan’s leaders for crimes against peace and other war-related crimes. The crimes against peace charge had proved controversial at the Nuremberg Tribunal, and the sponsoring powers made considerable efforts to ensure that the Tokyo judgment reinforced the Nuremberg determination. The scope and significance of these efforts has been largely unacknowledged, as has the central role in them of the British member of the court, William Patrick, a Senator of Scotland’s College of Justice. Patrick’s role demands closer examination because it proved crucial to the judgment at Tokyo. He campaigned for unalloyed support for the main tenets of the Nuremberg Judgment, and when that support was not forthcoming, helped to forge a majority faction to ensure that they were not abandoned. Finally, and most importantly, he insisted that crimes against peace and conspiracy to commit them were retained as the central elements of the majority’s judgment.

Keywords: William Patrick, International Military Tribunal for the Far East, Crimes Against Peace, Aggression, International Justice

Suggested Citation

Sellars, Kirsten, William Patrick and ‘Crimes Against Peace’ at the Tokyo Tribunal, 1946-1948 (April 29, 2011). The Edinburgh Law Review, Vol. 15, No. 2, pp. 166-196, 2011 . Available at SSRN: https://ssrn.com/abstract=1826286

Kirsten Sellars (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Sha Tin, New Territories
Hong Kong
Hong Kong

HOME PAGE: http://www.law.cuhk.edu.hk/en/people/info.php?id=37

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