Tokyo Charter
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Tokyo Charter
The International Military Tribunal for the Far East Charter (IMTFE Charter), also known as the Tokyo Charter, was the decree issued by General Douglas MacArthur, Supreme Commander for the Allied Powers in Allied-occupied Japan, on January 19, 1946 that set down the laws and procedures by which the Tokyo Trials were to be conducted. The charter was issued months following the surrender of Japan on September 2, 1945, which brought World War II to an end. Modeled after the Nuremberg Charter, the Tokyo Charter stipulated that crimes of the Japanese could be tried. Three categories of crimes were defined: crimes against peace, war crimes, and crimes against humanity. Article 6 of the Tokyo Charter also stated that holding an official position or acting pursuant to order of his government or of a superior was no defense to war crimes, but that such circumstances may be considered in mitigation of punishment if the Tribunal determines that justice so requires. Like the Nuremb ...
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Douglas MacArthur
Douglas MacArthur (26 January 18805 April 1964) was an American military leader who served as General of the Army for the United States, as well as a field marshal to the Philippine Army. He had served with distinction in World War I, was Chief of Staff of the United States Army during the 1930s, and he played a prominent role in the Pacific theater during World War II. MacArthur was nominated for the Medal of Honor three times, and received it for his service in the Philippines campaign. This made him along with his father Arthur MacArthur Jr. the first father and son to be awarded the medal. He was one of only five men to rise to the rank of General of the Army in the U.S. Army, and the only one conferred the rank of field marshal in the Philippine Army. Raised in a military family in the American Old West, MacArthur was valedictorian at the West Texas Military Academy where he finished high school, and First Captain at the United States Military Academy at West Point ...
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Jury Trial
A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law (legal system), civil law countries for criminal cases. Only Seventh Amendment to the United States Constitution, the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malici ...
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International Humanitarian Law
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (''jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants. International humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It comprises a set of rules, which is established by treaty or custom and that seeks to protect persons and property/objects that are or may be affected by armed conflict, and it limits the rights of parties to a conflict to use methods and means of warfare of their choice. Sources of international law include international agreements (the Geneva Conventions), customary international law, general principles of nations, and case law. It defines the conduct and responsibilities of bell ...
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Genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin suffix ("act of killing").. In 1948, the United Nations Genocide Convention defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." These five acts were: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly. The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displac ...
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Hague Conventions Of 1899 And 1907
The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place because of the start of World War I. History The Hague Conventions of 1899 and 1907 were the first multilateral treaties that addressed the conduct of warfare and were largely based on the Lieber Code, which was signed and issued by US President Abraham Lincoln to the Union Forces of the United States on 24 April 1863, during the American Civil War. The Lieber Code was the first official comprehensive codified law that set out regulations for behavior in times of martial law; protection of civilians and civilian property and punishment of ...
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Geneva Conventions
upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Convention'' usually denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners (civilians and military personnel), established protections for the wounded and sick, and provided protections for the civilians in and around a war-zone; moreover, the Geneva Convention also defines the rights and protections afforded to non-combatants. The treaties of 1949 were ratified, in their entirety or with reservations, by 196 countries. The Geneva Conventions concern only prisoners and non-combatants in war; they do not address the use of weapons of war, whic ...
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Command Responsibility
Command responsibility (superior responsibility, the Yamashita standard, and the Medina standard) is the legal doctrine of hierarchical accountability for war crimes.Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law
by Allison Marston Danner and Jenny S. Martinez, September 15, 2004

by Robin Rowland, CBC News Online, 6 May 2004
The legal doctrine of command responsibility stipulates that a superior officer (military commander or civilian leader ...
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Cases Before The International Criminal Court
The International Criminal Court has The Court's Pre-Trial Chambers As of September 2010, the Office of the Prosecutor had received 8,874 communications about alleged crimes. After initial review, 4,002 of these communications were dismissed as "manifestly outside the jurisdiction of the Court".International Criminal Court, September 2010''Communications, Referrals and Preliminary Examinations'' Retrieved 24 December 2010 Overview Opening investigation The Prosecutor may open an investigation under three circumstances:International Criminal Court Retrieved 21 July 2007. * when a situation is referred to by a state party; * when a situation is referred by the United Nations Security Council, acting to address a threat to international peace and security; or * when authorised by the Pre-Trial Chamber to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations. Of the nine cases that the Prosecutor ...
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The Holocaust
The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; around two-thirds of Europe's Jewish population. The murders were carried out in pogroms and mass shootings; by a policy of extermination through labor in concentration camps; and in gas chambers and gas vans in German extermination camps, chiefly Auschwitz-Birkenau, Bełżec, Chełmno, Majdanek, Sobibór, and Treblinka in occupied Poland. Germany implemented the persecution in stages. Following Adolf Hitler's appointment as chancellor on 30 January 1933, the regime built a network of concentration camps in Germany for political opponents and those deemed "undesirable", starting with Dachau on 22 March 1933. After the passing of the Enabling Act on 24 March, which gave Hitler dictatorial plenary powers, the government began isolating Je ...
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Hirohito
Emperor , commonly known in English-speaking countries by his personal name , was the 124th emperor of Japan, ruling from 25 December 1926 until his death in 1989. Hirohito and his wife, Empress Kōjun, had two sons and five daughters; he was succeeded by his fifth child and eldest son, Akihito. By 1979, Hirohito was the only monarch in the world with the title "emperor". He was the longest-reigning historical Japanese emperor and one of the longest-reigning monarchs in the world. Hirohito was the head of state under the Meiji Constitution during Japan's imperial expansion, militarization, and involvement in World War II. Japan waged a war across Asia in the 1930s and 40s in the name of Hirohito, who was revered as a god. After Japan's surrender, he was not prosecuted for war crimes, as General Douglas MacArthur thought that an ostensibly cooperative emperor would help establish a peaceful Allied occupation, and help the U.S. achieve their postwar objectives. His role durin ...
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Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in Ireland, England, Scotland, Australia, Canada, South Africa, India, Hong Kong, and Pakistan). Redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses (may vary by jurisdiction). Variations by jurisdiction In the United States federal Courts, a cross-examining ...
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