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

Kirsten Sellars, 'William Patrick and "Crimes against Peace" at the Tokyo Tribunal, 1946-1948', Edinburgh Law Review 15 (2011), 166-196.

34 Pages Posted: 3 May 2011 Last revised: 28 May 2019

See all articles by Kirsten Sellars

Kirsten Sellars

Australian National University (ANU) - Coral Bell School of Asia-Pacific Affairs

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

JEL Classification: K33, K41

Suggested Citation

Sellars, Kirsten, William Patrick and ‘Crimes against Peace’ at the Tokyo Tribunal, 1946-1948 (April 29, 2011). Kirsten Sellars, 'William Patrick and "Crimes against Peace" at the Tokyo Tribunal, 1946-1948', Edinburgh Law Review 15 (2011), 166-196. . Available at SSRN: https://ssrn.com/abstract=1826286

Kirsten Sellars (Contact Author)

Australian National University (ANU) - Coral Bell School of Asia-Pacific Affairs ( email )

Hedley Bull Building
130 Garran Road
Acton, ACT 2601
Australia

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