Fred L. Borch
- Published in print:
- 2017
- Published Online:
- October 2017
- ISBN:
- 9780198777168
- eISBN:
- 9780191822964
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198777168.003.0009
- Subject:
- Law, Public International Law
During the Japanese occupation, the widespread and almost daily commission of war crimes by members of the Tokkeitai and Kempeitai resulted in a unique post-World War II approach to the prosecution ...
More
During the Japanese occupation, the widespread and almost daily commission of war crimes by members of the Tokkeitai and Kempeitai resulted in a unique post-World War II approach to the prosecution of war crimes: If a war crime was committed within the framework of the activities of a group of persons in such a way that the crime could be ascribed to the group as a whole, then the crime was considered to have been committed by the group, and criminal proceedings could be taken against and sentences passed on all members of the group. This was a unique approach to the prosecution of war crimes; no other nation has ever used such a group criminal liability theory. This chapter examines the concept by looking at prosecutions involving the Japanese naval police (Tokkeitai) and military police (Kempeitai) and the 25th Army.Less
During the Japanese occupation, the widespread and almost daily commission of war crimes by members of the Tokkeitai and Kempeitai resulted in a unique post-World War II approach to the prosecution of war crimes: If a war crime was committed within the framework of the activities of a group of persons in such a way that the crime could be ascribed to the group as a whole, then the crime was considered to have been committed by the group, and criminal proceedings could be taken against and sentences passed on all members of the group. This was a unique approach to the prosecution of war crimes; no other nation has ever used such a group criminal liability theory. This chapter examines the concept by looking at prosecutions involving the Japanese naval police (Tokkeitai) and military police (Kempeitai) and the 25th Army.
Fred L. Borch
- Published in print:
- 2017
- Published Online:
- October 2017
- ISBN:
- 9780198777168
- eISBN:
- 9780191822964
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198777168.001.0001
- Subject:
- Law, Public International Law
From 1946 to 1949, the Dutch prosecuted more than 1,000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II. They also ...
More
From 1946 to 1949, the Dutch prosecuted more than 1,000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II. They also prosecuted a small number of Dutch citizens for collaborating with their Japanese occupiers. The war crimes committed by the Japanese against military personnel and civilians in the East Indies included mass murder, murder, torture, mistreatment of prisoners of war and civilian internees, and forced prostitution. Beginning in 1946, the Dutch convened military tribunals in various locations in the East Indies to hear the evidence of these war crimes and imposed sentences ranging from months and years to death; some 25 percent of those convicted were executed for their crimes. The difficulty arising out of gathering evidence and conducting the trials was exacerbated by the ongoing guerrilla war between Dutch authorities and Indonesian revolutionaries and, in fact, the trials ended abruptly in 1949 when 300 years of Dutch colonial rule ended and Indonesia gained its independence.Less
From 1946 to 1949, the Dutch prosecuted more than 1,000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II. They also prosecuted a small number of Dutch citizens for collaborating with their Japanese occupiers. The war crimes committed by the Japanese against military personnel and civilians in the East Indies included mass murder, murder, torture, mistreatment of prisoners of war and civilian internees, and forced prostitution. Beginning in 1946, the Dutch convened military tribunals in various locations in the East Indies to hear the evidence of these war crimes and imposed sentences ranging from months and years to death; some 25 percent of those convicted were executed for their crimes. The difficulty arising out of gathering evidence and conducting the trials was exacerbated by the ongoing guerrilla war between Dutch authorities and Indonesian revolutionaries and, in fact, the trials ended abruptly in 1949 when 300 years of Dutch colonial rule ended and Indonesia gained its independence.
