The Illusion Of Legality? Post-Wwii Military Tribunals In The Far East

• Author: John Danaher
• Position: BCLIII. Winner of the COLR Bank of Ireland Gold Medal 2006
• Pages: 1-13

Cork Online Law R eview 2006 1

Danaher, The Illus ion of Legality? Post–

WWII Military Tr ibunals in the Far East

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THE ILLUSION OF LEGALITY? POST–WWII MILITARY

TRIBUNALS IN THE FAR EAST

John Danaher1

ABSTRACT

This paper looks at the question of legality in relation to the post–

World War II military tribunals in the Far East with particular focus on the

somewhat neglected tribunals of Japanese war criminals. It critically

assesses the Manila–based tribunals which involved the trial of General

Tomoyuki Yamashita and the Tokyo Trials (more correctly known as the

International Military Tribunal for the Far East or IMTFE). The author asks

the questions; were these tribunals merely a mask for some type of victor’s

retribution? Can justice ever be achieved in a post–war environment? This

thought– provoking and comprehensive analysis of past efforts to punish

war criminals offers some insights into the direction that future efforts

should take with particular reference to the current International Criminal

Court.

A INTRODUCTION

The structure of international law was dramatically altered in the

course of the twentieth century; many of the changes that took place centered

on the tragedy and aftermath of World Wars I and II. Some of the major

advancements included the concerted efforts to prosecute and punish those

guilty of war crimes and the recognition of war crimes and crimes against

humanity as international crimes. These advancements arose from the post–

war international and domestic military tribunals. This essay will look at the

question of legality in relation to those tribunals with particular focus on the

somewhat neglected tribunals of Japanese war criminals. It will look at the

Manila based tribunals which involved the trial of General Tomoyuki

Yamashita and the Tokyo Trials (more correctly known as the International

Military Tribunal for the Far East or IMTFE). The purpose here is mainly to

look at the criticisms and shortcomings of the trials. How truly legal were

they? Was the formal setting of the trials merely a mask for some type of

victor’s retribution? Can justice ever be achieved in a post–war environment?

Hopefully this analysis of past efforts will offer some insights into the

direction that future efforts to punish war criminals should take with

particular reference to the current International Criminal Court.

B CURRENT CONTRO VERSY

An interesting place to start looking at the trials is with some present

controversy. The current Japanese Prime Minister Junichiro Koizumi has

repeatedly been attacked by international and domestic commentators for his

visits to the Yasukuni Shrine, which honours Japanese war dead, including

those found guilty of war crimes by the IMTFE. While he diplomatically

avoided visiting the shrine in August 2005 for the 60th anniversary of the end

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1 BCLIII. Winner o f the COLR Bank of Ireland Gold M edal 2006.