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东京审判亲历记(英文版)

东京审判亲历记(英文版)

作者:梅汝璈著
出版社:上海交通大学出版社出版时间:2020-01-01
开本: 23cm 页数: 315页
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东京审判亲历记(英文版) 版权信息

  • ISBN:9787313222633
  • 条形码:9787313222633 ; 978-7-313-22263-3
  • 装帧:一般胶版纸
  • 册数:暂无
  • 重量:暂无
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东京审判亲历记(英文版) 内容简介

本书是东京审判中国法官梅汝璈先生在东京审判结束之后就东京审判进行回顾和反思的重要著述, 对远东国际军事法庭从法庭的成立和管辖权争议到宪章发布与法庭的组织, 战犯的逮捕与起诉到做出都进行了精辟阐释, 并揭露了东京审判存在的缺陷。

东京审判亲历记(英文版) 目录

PartⅠ The International Military Tribunal for the Far East
[Editor's Note]
CHAPTER Ⅰ Establishment and Jurisdiction of the International Military Tribunal for the Far East
1.1 International Trials of Major War Criminals: A Pioneering
Undertaking after World War Ⅱ
1.2 Lessons Learned from the Failure of International Trials after World War Ⅰ
1.3 Preparatory Work during World WarⅡ
1.4 Process of Establishing the Two Tribunals
1.5 Jurisdiction of the Two Tribunals
1.6 Class-A War Criminals and International Trials
CHAPTER 2 Charter and Organization of the International Military
Tribunal for the Far East
2.1 Introduction to the Tokyo Charter
2.2 Location and Layout of the Tokyo Tribunal
2.3 Members of the Tribunal: Judges and President
2.4 International Prosecution Section
2.5 The Defense: Japanese and American Counsel
2.6 Administrative and Personnel Arrangements
CHAPTER 3 Arrest and Prosecution of Japanese Major War Criminals
3.1 Four Arrest Warrants from the General Headquarters
3.2 Investigation and Preparation for Prosecution by the IPS
3.3 Selection of and Bibliographic Information on the 28 Defendants
3.4 Eleven Countries 'Indictment against Japanese Major War Criminals
3.5 Characteristics and Defects of the Indictment
CHAPTER 4 Trial Proceedings of the International Military Tribunal for the Far East
4.1 Basic Provisions on Trial Proceedings in the Tokyo Charter
4.2 Procedures for the Presentation and Admission of Evidentiary Documents
4.3 Procedures for the Attendance and Testifying of Witnesses
4.4 Affidavits from Non-attending Witnesses and the Defendants ,Confessions
4.5 Criticism of the Trial Proceedings

Part Ⅱ The Tokyo TriaI Diaries
[Editor's Note]
The Tokyo Trial Diaries (from March 20 to May 13 in the year of 1946)
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东京审判亲历记(英文版) 节选

  《东京审判亲历记(英文版)》:  With a small population but a vast land, abundant natural resources and geographical advantages, Australia was part of the British Empire as well as a major base for the Allied Powers' war against Japan. During the difficult years of the Pacific War, MacArthur's general headquarters was stationed in Australia, and he had special feelings about Australia and close relations with some Australians.It was said that Webb knew and had a good relationship with MacArthur during the Pacific War. That was perhaps one of the reasons why Webb was selected, but not a primary one. It was Australia's international status and Webb's experience and expertise that led to his appointment.  Webb was not only a standard professionaljudge of the West who followed the rules and behaved in an upright manner, but was also energetic and dedicated to his work with high capabilities. Although appearing to be a British gentleman, he was yet maintaining a rough character of an Australian. His attitude and language were explicit, sometimes rash and impatient, which often elicited resistance and conflicts during the trial. For example, on the second day of the court hearing,when Chief Prosecutor Keenan was reading his lengthy opening statement proudly,Webb barged in, "Your inflammatory phrases are of no benefit to our trial."Annoyed, Keenan retorted with evil words and even threatened to resign. When the Tribunal asked the defendants to plead guilty or not guilty, Sadao Araki replied,"In my life of over sixty years, I have never committed any crime against peace,nor conventional war crime or crime against humanity." The President rebuked him, "We only want you to plead guilty or not guilty, rather than to give a speech."  Kijuro Shidehara, a former Prime Minister of Japan, was once called to testify before the Tribunal. He was one of the few Japanese politicians who could speak fluent English and thus was allowed to testify in English. However, after hearing only a few words, Webb stopped him, saying, "Witness, your English is impossible to understand! Please get back to speak in Japanese."  Sir William Webb was not only rash with prosecutors, witnesses and defendants,but sometimes was also rude to the defense counsel. For example, Kenzo Takayanagi, defense counsel for Teiichi Suzuki and a well-known legal scholar,was permitted to read his lengthy and bombastic plea regarding the Tribunal's jurisdiction. When he started slowly in a solemn tone, the President told him, "You  don't have to assume airs as if it had some significance. We have already known every word you will say. So read it fast and do not waste our precious time."18 During the trial, David F. Smith and Owen Cunningham, two American counsel,were forced to resign due to verbal conflicts with the President. Smith's position was suspended by the judges' conference because of his arrogance and disrespect before the Tribunal and defiance after being reprimanded by the President.Cunningham was dismissed as being "foolish" by Webb when they had a verbal conflict; he was furious and asked the President to apologize, which caused an uproar in the courtroom. The President adjourned the court and said, "This matter will be discussed and decided by the judges' conference, from which I shall excuse myself." In the absence of the President, the judges decided to support him and agreed that the President did not make an indiscreet remark and would not have to apologize. The Tribunal then re-opened and announced its decision. In anger,Cunningham asked to resign, and the Tribunal accepted his resignation on the spot.  The above are but a few examples to show Sir William Webb's character and his usual stern attitude towards the defendants, counsel and witnesses. This attitude was often supported by the other judges because it was effectual in countering the counsel's intention of protracting the trial endlessly. That the Tokyo Trial proceeded relatively smoothly in the complex circumstances could be attributed,more or less, to Webb's character and attitude.  As said above, being one of the members of the Tribunal, the President's task was to try the war criminals, and he had the same rights and took the same obligations as the other judges in respect of making rulings and the judgment for the trail. However, as the President, he had certain special functions in trial procedures and administrative matters.  ……

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