/blog/2004/02/the-tokyo-trials-and-international-criminal-law/ But I fear more for Muninn... Thu, 16 May 2013 14:30:52 +0000 hourly 1 http://wordpress.org/?v=4.2.2 /blog/2004/02/the-tokyo-trials-and-international-criminal-law/comment-page-1/#comment-33 Wed, 30 Nov -0001 00:00:00 +0000 http://muninn.net/blog/2004/02/the-tokyo-trials-and-international-criminal-law.html#comment-33 I find the concept that the trials could have been just without being legal a very interesting concept. It is even one that I could see myself agreeing with in certain circumstances. But I think it is also a potentially dangerous idea. Wouldn’t a lynch mob or a kangaroo court use a similar justification if ever they were called to account for their actions?

]]> /blog/2004/02/the-tokyo-trials-and-international-criminal-law/comment-page-1/#comment-34 Wed, 30 Nov -0001 00:00:00 +0000 http://muninn.net/blog/2004/02/the-tokyo-trials-and-international-criminal-law.html#comment-34 Derek, thanks for your posting. I understand your concern. In fact, for Christianity especially, this is a problem with a particularly long history. When does one stop rendering unto Caesar? Even traditional ethics though, whether in divine command theory, intuitionist, utilitarian etc. the role of the law is by no means final. We can all see examples of unjust law in the world, and the fact that it is ad hoc “international law” doesn’t change this fact. While I don’t have a refined opinion on the war crimes trials, I certainly have no hesitation (in the “chaotic good” tradition) of opposing unjust law and implementing illegal but just law. For me, the law is merely an imperfect tool.

]]> /blog/2004/02/the-tokyo-trials-and-international-criminal-law/comment-page-1/#comment-35 Wed, 30 Nov -0001 00:00:00 +0000 http://muninn.net/blog/2004/02/the-tokyo-trials-and-international-criminal-law.html#comment-35 The Tokyo Trials were perhaps a very good example of “victors justice” at its worst but what of it? Here we sit nearly 60 years after the fact and take great comfort at that distance. The crimes that the Japanese military and political elite were tried and convicted of are no less hideous today as they were when those criminals went on trial. I think anyone who loses much sleep over the hanging of a man like Tojo should give the basic facts closer consideration. Personaly I would have favoured Churchills suggestion of randomly shooting 50,000 members of the general staff and leaving it at that.

]]> /blog/2004/02/the-tokyo-trials-and-international-criminal-law/comment-page-1/#comment-36 Wed, 30 Nov -0001 00:00:00 +0000 http://muninn.net/blog/2004/02/the-tokyo-trials-and-international-criminal-law.html#comment-36 Thanks for your comments Michael. I don’t know about the random shooting thing but I share your feelings on the point that, while hugely flawed from a legal perspective, I believe that much is to be gained from having a formal and legal proceeding to punish war crimes. I think it is important to point out thought that there is nothing unique or special about the crimes that many Japanese soldiers were guilty of, and that if we are to punish leaders for wars of aggression, we will have to uncomfortably deal with a number of more recent conflicts.

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