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Contributors are: Masaharu Yanagihara, Tadashi Mori, Tetsuya Yamada, Yuichi Sasaki, Atsuko Kanehara, Tomofumi Kitamura, Hironobu Sakai, Tomoko Fukamachi, and Dai Tamada.
Contributors are: Masaharu Yanagihara, Tadashi Mori, Tetsuya Yamada, Yuichi Sasaki, Atsuko Kanehara, Tomofumi Kitamura, Hironobu Sakai, Tomoko Fukamachi, and Dai Tamada.
This first volume includes reports for each of the 46 trials conducted in Morotai, Wewak, Labuan and Darwin in 1945-46. Given the lack of written reasons for judgment, these law reports draw extensively on the trial transcripts, including a description of prosecution and defence arguments, relevant legal issues, judgments and sentences. Launched at a propitious time in which Australia is engaged in a significant criminal investigation of alleged war crimes in Afghanistan, the reference work provides a rich and unrivalled resource and will be of lasting value both within Australia and outside it amongst scholars of the history of World War II and the development of international criminal law as well as to practitioners involved in contemporary war crimes trials. Many other Allied nations conducted their own military trials in both the European and Pacific theatres post-WWII, and the Australian experience, documented in these unique volumes, offers an important template for other national initiatives of this kind.
This first volume includes reports for each of the 46 trials conducted in Morotai, Wewak, Labuan and Darwin in 1945-46. Given the lack of written reasons for judgment, these law reports draw extensively on the trial transcripts, including a description of prosecution and defence arguments, relevant legal issues, judgments and sentences. Launched at a propitious time in which Australia is engaged in a significant criminal investigation of alleged war crimes in Afghanistan, the reference work provides a rich and unrivalled resource and will be of lasting value both within Australia and outside it amongst scholars of the history of World War II and the development of international criminal law as well as to practitioners involved in contemporary war crimes trials. Many other Allied nations conducted their own military trials in both the European and Pacific theatres post-WWII, and the Australian experience, documented in these unique volumes, offers an important template for other national initiatives of this kind.
This book addresses the fundamental importance of the protection of the individual from potential actions of state bodies that violate legally marked boundaries. Contributors synthesize knowledge about the admissibility of evidence in criminal procedure, evidence that must not be used or should not be used under certain circumstances, and the conditions for the admissibility of unlawfully obtained evidence. This comparative analysis of national evidentiary procedures is an essential showcase of certain legislative patterns and similarities between individual legal systems.