DOCSLIB.ORG

Principles Against Executions

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Principles Against Executions Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 1990 Principles against Executions David Weissbrodt University of Minnesota Law School, weiss001@umn.edu Terri Rosen Follow this and additional works at: https://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation David Weissbrodt and Terri Rosen, Principles against Executions, 13 HAMLINE L. REV. 579 (1990), available at https://scholarship.law.umn.edu/faculty_articles/364. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact lenzx009@umn.edu. PRINCIPLES AGAINST EXECUTIONSt Professor David Weissbrodt* Terri Rosen** I. INTRODUCTION The right to be free from extra-legal, arbitrary, or summary ex- ecutions is recognized in a number of international human rights in- struments. Such killings violate article 6 of the International Covenant on Civil and Political Rights,' which provides that "every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life."2 Although international organizations have developed procedures and remedies in response to extra-legal, arbitrary, and summary killings,' executions continue to occur in many countries. These killings include: (1) political assassina- tions; (2) deaths resulting from torture or ill-treatment in prison or de- t An abbreviated version of this article was published in Amnesty International-USA Legal Support Network Newsletter, Vol. 5, No. 3, Fall/Winter 1988. * Briggs & Morgan Professor of Law, University of Minnesota School of Law. B.A. 1966, Columbia University; J.D. 1969, University of California (Berkeley). Director, University of Min- nesota Human Rights Center; Legal Counsel, Minnesota Lawyers International Human Rights Committee; Legal Counsel, Center for Victims of Torture; President, Readers International. Member, American Law Institute; American Society of International Law. ** Terri Rosen, J.D., University of Minnesota, 1989. I. International Covenant on Civil and Political Rights, G.A. Res. 2200A, 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doe. A/6316 (1966) entered into force Mar. 23, 1976 [hereinafter International Covenant]. 2. Id. at 53. Prohibitions against arbitrary killings are also found in article 4 of the Ameri- can Convention on Human Rights, signed Nov. 22, 1969, OAS Doc. OEA/Ser.L/V/I1.65, Doc. 6 (1985) entered into force July 18, 1978 ("No one shall be arbitrarily deprived of his life."); article 4 of the African Charter on Human and Peoples' Rights, adopted June 27, 1981, OAU Doe. CAB/LEG/67/3 rev.5, 21 I.L.M. 58 (1982) entered into force Oct. 21, 1966 ("Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right."); and article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, 213 U.N.T.S. 222 (1950) entered into force Sept. 3, 1953 ("No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law."). Similarly, article 3 of the Universal Declaration of Human Rights, adopted Dec. 10, 1948, G.A. Res. 217A (1II), U.N. Doe. A/810, at 71 provides, "Everyone has the right to life, liberty, and security of person." 3. See Weissbrodt, Protectingthe Right to Life: InternationalMeasures Against Arbitrary or Summary Killings by Governments, in THE RIGHT TO'LIFE IN INTERNATIONAL LAW 297 (B. Ramcharan ed. 1985). HAMLINE LAW REVIEW [Vol. 13 tention; (3) deaths in the context of enforced or involuntary "disap- pearances;" (4) deaths resulting from excessive use of force by law- enforcement personnel; and (5) executions without due process.4 In order to give meaning to the right to be free from arbitrary killings, safeguards must be developed to make arbitrary killings less likely to occur and to insure the investigation of suspicious deaths which do occur. Many suspicious deaths are not adequately investi- gated because the killings are committed by various branches of gov- ernment either directly, or with their consent or acquiescence. 5 Exam- ples of such suspicious deaths include those of Archbishop Oscar Romero in El Salvador, Benigno Aquino in the Philippines, Father Jerzy Popieluszko in Poland, and Rodrigo Rojas de Negri in Chile. In each of these instances, inadequate investigation procedures were used which rendered the ultimate conclusion questionable. When an investi- gation of a suspicious death is conducted, it often results in erroneous causes of death, whether from a confrontation between government forces and armed opposition groups, an attempted escape from custody or resistance to arrest, an exercise of self-defense, suicide, or a sudden illness. 6 Many countries have procedures for investigating deaths, but these procedures become ineffective when the deaths occur under suspicious circumstances, such as potential involvement of the police, the army, or other governmental agents.7 In these instances, a thorough and inde- pendent investigation is rarely conducted. Relevant evidence is either ignored or concealed. Consequently, the perpetrators of the killings are seldom brought to justice. In the last decade, the international community has come to recog- nize the continued existence of arbitrary and summary killings throughout the world as well as the need for international action to safeguard individuals from such killings. The United Nations has de- 4. See Ramcharan, The Concept and Dimensions of the Right to Life, in THE RIGHT TO LIFE IN INTERNATIONAL LAW I (B. Ramcharan ed. 1985). 5. Report of the Special Rapporteur on Summary or Arbitrary Executions, U.N. Doc. E/ CN.4/1983/16, at 29-42 (1983) [hereinafter Report of the Special Rapporteur]. 6. Id. 7. Id. at 26-27. The Special Rapporteur stressed the legal issues surrounding the investiga- tion of arbitrary executions by stating: In cases where an ordinary civilian was responsible for such deaths, .... the circum- stances have been investigated, an autopsy carried out and those found responsible for the death have been tried, convicted and punished in accordance with the law. However, where death was caused by the police, the army or other law enforcement agencies or persons acting under their protection, such investigations have been the exception rather than the rule. .. 579] PRINCIPLES AGAINST EXECUTIONS veloped Principles on the Effective Prevention and Investigation of Ex- tra-legal, Arbitrary and Summary Executions ("Principles"). Because this action represents a significant step in international efforts to stop arbitrary and summary killings, this article will provide an authorita- tive interpretation and history of the Principles. Part II outlines the background and development of the Principles. The Minnesota Law- yers International Human Rights Committee,8 a nongovernmental or- ganization,9 played a significant role in the development of the Princi- ples. Accordingly, Part III examines the role a nongovernmental organization may have in drafting international standards by setting forth the Principles and reviewing the source and history of the deliber- ations behind each Principle. Finally, Part IV examines the effective- ness of the Principles by applying them to a current, urgent situation of unexplained deaths in Australia. II. BACKGROUND In recent years, various international human rights organizations have investigated arbitrary killings. These groups include Amnesty In- ternational,1" Human Rights Watch,11 and the Minnesota Lawyers In- 8. The Minnesota Lawyers International Human Rights Committee is a non-profit organi- zation committed to promoting human rights and investigating human rights violations in the U.S. and abroad. The Committee advocates against individual human rights abuses, researches and investigates human rights conditions in other countries, encourages the adoption of international human rights standards by all countries, and educates the membership, the bar, political leaders and the public concerning human rights issues. 9. Nongovernmental organizations, organizations without governmental participation or en- dorsement, frequently play a vital role in the formulation, adoption and entry into force of resolu- tions, declarations or treaties in the field of international human rights. For a discussion of non- governmental organizations engaged in the protection of human rights, see Weissbrodt, The Contribution of International Nongovernmental Organizations to the Protection of Human Rights, in HUMAN RIGHTS IN INTERNATIONAL LAW: LEGAL AND POLICY ISSUES 403 (T. Meron ed. 1984); L. LIVEZEY, NONGOVERNMENTAL ORGANIZATIONS AND THE IDEAS OF HUMAN RIGHTS (1988). 10. Amnesty International is a nongovernmental organization involved in the protection of human rights. Its mandate includes: (1)seeking the immediate and unconditional release of "pris- oners of conscience," that is, "persons detained because of their beliefs, color, sex, ethnic origin, language, or religious creed, provided they have not used or advocated violence;" (2) opposing the death penalty, torture, and other cruel or inhuman or degrading treatment or punishment of all prisoners; and (3) working for fair trials for political prisoners. See Amnesty International Stat-
Load more

Recommended publications
  • What Is a Prisoner of War For?
    19 WHAT IS A PRISONER OF WAR FOR? Professor John Hickman Associate Professor of Government, Berry College Abstract This article presents a conceptual map of the purposes served by continuing custody of prisoners of war and captured non-combatants. Morally legitimate and non-controversial purposes include preventing prisoners of war from rejoining their comrades-in-arms, preventing both prisoners of war and captured non-combatants from giving material support to combatants still in the field, facilitating orderly release and repatriation at the end of hostilities, and the prosecution for war crimes. Morally illegitimate purposes include punishment, exploitation as conscript labour, recruitment or conscription as combatants, exploitation for intelligence, display as proof of victory, and ideological indoctrination. Analysis of historical cases illustrating each purpose reveal that continuing custody is often motivated by multiple purposes, both legitimate and illegitimate. What explains adoption of multiple and illegitimate purposes for continuing custody? Prisoners are available for legitimate and illegitimate purposes because neither elites nor masses within the captor state typically view prisoners as members of the moral community.1 Continuing custody does not alter the perceived status of the captured as aliens who cannot be intuitively invested with expectations of reciprocity. This suggests both ending custody as soon as legitimate purposes are served and bringing the captured within the moral community while in continuing captivity. Introduction Throughout human history, those captured in war have presented their captors with the basic choice between immediate execution, immediate release, or continuing custody – holding them in custody pending their release or other 1 The moral community comprises those persons to whom moral obligations are owed because moral values are shared.
    [Show full text]
  • Annex1 the UN Manual.Pdf
    If you have issues viewing or accessing this file contact us at NCJRS.gov. ..... ··,m .. "' f33(P13 United Nations Office at Vienna Centre for Social Development and Humanitarian Affairs MANUAL QrN THE EFFECTIVE PREVENTION AND INVESTIGATION OF EXTRA-LEGAL,- ARBITRARY AND SUMMARY EXECUTIONS 133673 U.s. Department of Justice National Institute of Justice This document has been reproduced exactly as received from Ihe person or organization originating It. Points of view or opinions stated In this document are those of the authors and do not necessarily represent the official position or pOlicies of the National Institute of Justice. Permission to reproduce this copyrighted material has been granted by United Nations to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis­ sion of the copyright owner. ~ft.~ ~ ~ 3 ~ United Nations New York, 1991 Symbols of United Nations documents are composed of capital letters com­ bined with figures. Mention of such a symbol indicates a reference to a United Nations 1ocument. Material in this pUblication may be freely quoted. or reprinted, but acknowledgement is requested, together with a copy of the publication contain­ ing the quotation or reprint. ST/CSDHA/12 UNITED NATIONS PUBLICATION Sales No.: E.91.IV.1 ISBN 92+130142-4 01500P - 1 - CONTENTS INTRODUCTION 3 Chapter I. INTERNATIONAL HUMAN RIGHTS STANDARDS •••••••••••••• ,........... 4 A. United' Nations............................................ 4 1. General Assembly .••••••.•••••••••••••••••••••••••••••• 4 2. Economic and Social Council........................... 6 3. Commission on Human Rights •.•••••••.•••••••••••••••••• 6 4. Human Rights Committee................................ 9 5. Committee against Torture ••••••.•••••••••••••••••••••• 9 6. Committee on Crime Prevention and Control ••••••••••••• 10 7.
    [Show full text]
  • The International Military Tribunals: an Overview and Assessment
    Ouachita Baptist University Scholarly Commons @ Ouachita Honors Theses Carl Goodson Honors Program 2001 The International Military Tribunals: An Overview and Assessment Joshua Daniel Franklin Ouachita Baptist University Follow this and additional works at: https://scholarlycommons.obu.edu/honors_theses Part of the Military History Commons Recommended Citation Franklin, Joshua Daniel, "The International Military Tribunals: An Overview and Assessment" (2001). Honors Theses. 108. https://scholarlycommons.obu.edu/honors_theses/108 This Thesis is brought to you for free and open access by the Carl Goodson Honors Program at Scholarly Commons @ Ouachita. It has been accepted for inclusion in Honors Theses by an authorized administrator of Scholarly Commons @ Ouachita. For more information, please contact mortensona@obu.edu. Contents Background 2 Prosecuted German Atrocities 4 Prosecuted Japanese Atrocities 5 Development of the Trial Plan . 7 The International Conference on \1ilitary Trials 10 The International Military Tribunal at Nuremberg 13 The Court and Defendants . 14 Proceedings 16 Judgment . 20 The International Military Tribunal for the Far East 21 The Court and Defendants . 24 Proceedings 28 Judgment 30 Assessment 31 Comparing the International Military Tribunals 32 Similarities 33 Differences . 35 Post-Trial Variances 40 Conclusion 41 Bibliography 45 As World \Var II drew to a close in Europe, the victorious Allies faced the question of v,:hat to do with the political and military leaders of defeated Germany. The war had been like none other; they needed a drastically new approach to the final treatment of those in charge of the Axis powers. \t\Thile war crimes could be punished under the Geneva and Hague Conventions, no international agreements assigned personal responsibility to those who ordered the crimes.
    [Show full text]
  • Fact Sheet No.11 (Rev.1), Extrajudicial, Summary Or Arbitrary Executions
    Fact Sheet No.11 (Rev.1), Extrajudicial, Summary or Arbitrary Executions "Everyone has the right to life, liberty and security of person." (Universal Declaration of Human Rights) (Every human being has the inherent right to life. This right shall be protected by law.) "No one shall be arbitrarily deprived of his life." (International Covenant on Civil and Political Rights) Contents: o Introduction o The Special Rapporteur on extrajudicial, summary or arbitrary executions o Reports of the Special Rapporteur o Situations upon which the Special Rapporteur takes action o Rights of victims o Some findings of the Special Rapporteurs o How to bring information or appeals to the attention of the Special Rapporteur o Annex: - List of questions to which Governments are requested to reply in regard to alleged cases of extrajudicial, summary or arbitrary executions Introduction It is recognized that the right to life is the most fundamental and basic of human rights. Indeed, the right to life is the fountain from which all the other human rights spring and it therefore deserves the greatest respect. With the end of the world wars and the beginning of the process of decolonization, the international community laid the foundation for the promotion and protection of human rights by proclaiming the Universal Declaration of Human Rights. Recognizing the "inherent dignity" and the "equal and inalienable rights of all members of the human family", the General Assembly of the United Nations enshrined the right to life in article 3 of the Universal Declaration, which states that "everyone has the right to life, liberty and security of person".
    [Show full text]
  • Arresting Insurgencytheory and Practice by K Y L E B
    U.S. Soldiers discuss tactics during counterinsurgency raids in Husiniyah Under the best circumstances, the police action [arrests] cannot fail to have negative aspects for both the population and the counterinsurgent living with it. These reasons demand the operation be conducted by professionals. —David Galula, Counterinsurgency Warfare: 1 Arresting InsurgencyTheory and Practice By K Y L E B. T E A M E Y Fleet Combat Camera Group, Pacific (Michael Larson) Fleet Combat Camera Group, ne of the primary goals of the with difficult security situations, authorities will Arrests of innocent personnel may occur counterinsurgent is to reestablish often feel a strong impetus to use illiberal arrest for a number of reasons, including: security and rule of law. An and internment techniques or to ignore political O effective arrest and intern- or cultural expectations. Security forces and n inaccurate or poorly developed ment system is an essential part of a successful governments often make mistakes in the use of intelligence counterinsurgency effort, providing a nonlethal arrests and internment. Historically, there are n inability of troops to communicate effec- means of separating insurgents from the general five common errors: arresting innocent individ- tively with locals populace and thereby securing the populace. uals, releasing insurgents who are still a danger n innocent personnel arrested as witnesses The capture of insurgents and their equipment to the counterinsurgency effort, mistreating or for questioning provides valuable intelligence to counterinsur- arrested individuals, failing to anticipate the n arbitrary arrests or “fishing expeditions” gents and allows the option of rehabilitating effects of arrests and internment on the informa- used to try to identify insurgents insurgents and later releasing them back into tion campaign, and allowing prisons to serve as n collective punishment of a community.
    [Show full text]
  • The Human Rights of Sea Pirates: Will the European Court of Human Rights Decisions Get More Killed?
    Washington University Global Studies Law Review Volume 15 Issue 2 2016 The Human Rights of Sea Pirates: Will the European Court of Human Rights Decisions Get More Killed? Barry Hart Dubner Barry University Brian Otero Barry University Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the Admiralty Commons, Human Rights Law Commons, and the International Law Commons Recommended Citation Barry Hart Dubner and Brian Otero, The Human Rights of Sea Pirates: Will the European Court of Human Rights Decisions Get More Killed?, 15 WASH. U. GLOBAL STUD. L. REV. 215 (2016), https://openscholarship.wustl.edu/law_globalstudies/vol15/iss2/5 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact digital@wumail.wustl.edu. Washington University Global Studies Law Review VOLUME 15 NUMBER 2 2016 THE HUMAN RIGHTS OF SEA PIRATES: WILL THE EUROPEAN COURT OF HUMAN RIGHTS DECISIONS GET MORE KILLED? BARRY HART DUBNER BRIAN OTERO I. INTRODUCTION The tide of piracy off the coast of Somalia has ebbed according to recent statistics.1 Perhaps it is just in time. Three decisions involving pirates, who were found to be deprived of their human rights by the European Court of Human Rights (ECHR), Mauritius and a Danish law, are rather troubling in at least two different ways: (1) These decisions set pirates free after they were brought to justice; and (2), which is more problematic, pirates may now be subject to summary execution because of frustrated governments and innocent seafarers.
    [Show full text]
  • Targeted Killings**
    United Nations A/HRC/14/24/Add.6 General Assembly Distr.: General 28 May 2010 English only Human Rights Council Fourteenth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston* Addendum Study on targeted killings** Summary In recent years, a few States have adopted policies that permit the use of targeted killings, including in the territories of other States. Such policies are often justified as a necessary and legitimate response to “terrorism” and “asymmetric warfare”, but have had the very problematic effect of blurring and expanding the boundaries of the applicable legal frameworks. This report describes the new targeted killing policies and addresses the main legal issues that have arisen. * Late submission. ** Owing to time constraints, the present report is circulated as received, in the language of submission only. GE.10-13753 A/HRC/14/24/Add.6 Contents Paragraphs Page I. Introduction ........................................................................................................... 1–6 3 II. Background............................................................................................................ 7–27 4 A. Definition of “targeted killing” ..................................................................... 7–10 4 B. New targeted killing policies .......................................................................
    [Show full text]
  • Abuses in Counterinsurgency
    January 2008 country summary Chad Chad plunged into civil war shortly after it gained independence from France in 1960 and has been intermittently wracked by conflict ever since. The current round of internal conflict is in its third year and is complicated by the war in the neighboring Darfur region of Sudan. Khartoum increased its support to Chadian rebel groups based in Darfur in retaliation for Ndjamena’s support to Sudanese rebels with bases in Chad. In late 2006 rebel offensives launched from Darfur nearly toppled the government of President Idris Déby, but by early 2007 Chad’s security forces had managed to consolidate control over the volatile border zone. The Chadian government signed a peace accord with one of the most powerful rebel factions in December 2006 and agreed to preliminary peace terms with the four largest remaining factions in October 2007. However, the outlook for a sustained cessation of hostilities remains dim, with hundreds of combatants reported killed in renewed hostilities in late November. The government of President Idriss Déby has failed to protect its citizens from armed violence and has been responsible for direct attacks against civilians suspected of complicity with rebel groups seeking Déby’s overthrow. Militia attacks against Chadian civilians living along the border with Sudan reduced in number in 2007, but killings and other human rights violations continued to be reported. Abuses in Counterinsurgency The Chadian government has been responsible for human rights abuses against both combatants and non-combatants during military operations against Darfur- based rebel groups. In northern and northeastern Chad insurgents wounded or captured during a rebel offensive in late 2006 were subject to summary execution and torture at the hands of Chadian government soldiers.
    [Show full text]
  • The Legacy of Nuremberg Henry T
    Case Western Reserve Journal of International Law Volume 34 | Issue 3 2002 The Legacy of Nuremberg Henry T. King Jr. Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Henry T. King Jr., The Legacy of Nuremberg, 34 Case W. Res. J. Int'l L. 335 (2002) Available at: https://scholarlycommons.law.case.edu/jil/vol34/iss3/4 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. THE LEGACY OF NUREMBERG Henry T. King, Jr. INTRODUCTION As dawn broke over the Nuremberg courthouse on November 21, 1945, the world little knew the significance of what was to occur that day. For it was on that day in Nuremberg that Justice Robert H. Jackson, speaking for the prosecution, would launch the first international trial of major war criminals in human history. For thousands of years up until that date, those who committed war crimes of the nature described at Nuremberg had largely gone unpunished. Now, at Nuremberg, civilization was coming to grips with the need to punish those who committed these crimes. As Jackson said in his ever-memorable opening address, "the real complaining party in this trial is civilization."1 The method used at Nuremberg, a fair trial, was unparalleled in human history and unique in its approach.
    [Show full text]
  • Piracy and Due Process
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Michigan School of Law Michigan Journal of International Law Volume 39 Issue 3 2018 Piracy and Due Process Andrew Kent Fordham Law School Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Constitutional Law Commons, National Security Law Commons, and the Transnational Law Commons Recommended Citation Andrew Kent, Piracy and Due Process, 39 MICH. J. INT'L L. 385 (2018). Available at: https://repository.law.umich.edu/mjil/vol39/iss3/4 This Article is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact mlaw.repository@umich.edu. PIRACY AND DUE PROCESS Andrew Kent* Introduction A skiff piloted across the Indian Ocean at night by Somalia pirates mis- takenly attacked a U.S. naval vessel, and the hapless pirates were soon in U.S. government custody.1 Did the Constitution require that they receive Miranda warnings before being questioned, or other protections that imple- ment constitutional due process? Or are constitutional protections inapplica- ble for some reason—because of the context, territorial location, or non- U.S. citizenship? Questions like this arise frequently. In addition to international piracy prosecutions, recent cases include Due Process and Fourth Amendment claims by the parents of a Mexican teenager killed in Mexico by a U.S.
    [Show full text]
  • Wartime Atrocities and the Politics of Treason in the Ruins of the Japanese Empire, 1937-1953
    Wartime Atrocities and the Politics of Treason in the Ruins of the Japanese Empire, 1937-1953 The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Lawson, Konrad. 2012. Wartime Atrocities and the Politics of Treason in the Ruins of the Japanese Empire, 1937-1953. Doctoral dissertation, Harvard University. Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:9795484 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA © 2012 – Konrad Mitchell Lawson Some Rights Reserved This work is licensed under the Creative Commons Attribution-NonCommercial 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc/3.0/ iii Dissertation Advisor: Professor Andrew Gordon Konrad Mitchell Lawson Wartime Atrocities and the Politics of Treason in the Ruins of the Japanese Empire, 1937-1953 ABSTRACT This dissertation explores the relationship between violence and betrayal in retribution against military and police collaborators who helped maintain Japan’s wartime occupations up until its defeat in 1945. Looking at the approaches taken in the colonies of British Asia, postwar treason trials in the Philippines, and Chinese Communist approaches in wartime and postwar Shandong province, this study argues that the laws and rhetoric of treason were deeply flawed tools for confronting the atrocities of war. At the very moment that war crimes trials were defining a set of acts that constituted crimes against all humanity, around the world thousands of individuals who helped perpetrate them were treated as primarily guilty of crimes against the nation.
    [Show full text]
  • Maltreatment of Prisoners of War in Vietnam
    v Maltreatment of Prisoners of War In Vietnam 48 Boston University Law Review 323 (1968)* fter the adoption of the Southeast Asia (Gulf of Tonkin) Resolution by A the Congress ofthe United States in August, 1964,1 there was a substantial increase in the American military presence in South Vietnam and consequent and parallel increases in the range and extent of belligerent activities. In accordance with its customary practice, the International Committee ofthe Red Cross2 (hereinafter referred to as the ICRC) thereupon addressed a letter to the several parties to the conflict,3 pointing out that they had all ratified or adhered to, and were bound by, the 1949 Geneva Conventions for the Protection of Victims ofWar.4 The ICRC reminded the parties of their specific obligations under the Conventions,5 and requested information as to the measures being taken by each of them to conform to the duties devolving upon them. Replies were received from all of the parties concerned. The United States advised that it "has always abided by the humanitarian principles enunciated in the Geneva conventions and will continue to do so." Spe~ifically, it affirmed that it was "applying the provisions of the Geneva Conventions [in Vietnam] and we expect the other parties to the conflict to do likewise.,,6 The Republic ofVietnam (hereinafter referred to as South Vietnam) assured the ICRC that it was "fully prepared to respect the provisions of the Geneva Conventions and to contribute actively to the efforts of the International Committee of the Red Cross to ensure their application.,,7 The reply received from the Democratic Republic of Vietnam (hereinafter referred to as North Vietnam) was the usual propaganda tirade which appears to be endemic in Communist documents, thus making it rather difficult to isolate any truly responsive portions.
    [Show full text]