About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

23 N.Y.U. J. Int'l L. & Pol. 373 (1990-1991)
Ideology and International Law: The Dissent of the Indian Justice at the Tokyo War Crimes Trial

handle is hein.journals/nyuilp23 and id is 385 raw text is: IDEOLOGY AND INTERNATIONAL LAW: THE DISSENT OF THE INDIAN JUSTICE AT THE TOKYO WAR CRIMES TRIAL ELizABETH S. KOPELMAN* PREFACE The ideology of the pax americana that emerged from the Second World War was based on premises about the illegal- ity of aggressive war and the nature of individual responsibil- ity for acts of state, along with corollaries relating to the na- ture of aggression, self-defense, and conspiracy in an inter- national legal context. These assumptions were first systematized and codified in an operational way in the Char- ters of the Nuremberg and Tokyo Trials of the major Axis leaders. Two generations later, many of these assumptions seem naive, ethnocentric and hypocritical - and precisely because of these flaws, are full of lessons for a multipolar and multicultural world once again on the threshold of reinventing the international legal order. This article offers an examination of one of the postwar trials, the Tokyo Trial, through the eyes of its harshest con- temporary critic - the dissenting justice on Tokyo's interna- tional military tribunal. Set in its political, diplomatic and legal context, the Tokyo Trial reveals much about the ideo- logical underpinnings of the postwar international legal or- der, and it also offers several guidelines for managing the challenges posed by change. * Lecturer on Law, Stanford Law School. J.D. Harvard Law School; M.Phil, B.A. University of Cambridge. The author thanks Professor Detlev Vagts and Mr. John Paine for their guidance. I am also grateful to Diana Chigas, Edward Hanify, Ryutaro Hirota, Professor John Mansfield, Bruce Patton, Robert Ricigliano, Professor Louis Sohn and Douglas Stone for their suggestions. 373 Imaged with the Permission of N.Y.U. Journal of International Law and Politics

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most