Judicial murder? : Macarthur and the Tokyo War Crimes Trial / Dayle Smith.

[Scotts Valley, Calif.] : CreateSpace, c2013.

2nd ed.

85580

War crime trials -- Japan.

Tokyo Trial, Tokyo, Japan, 1946-1948.

War criminals -- Japan.

1. Introduction

2. Treaties, declarations and documents

3. Structure and organisation of the trial

4. Conspiracy

5. Jurisdiction

6. Traditional Japan

7. Meiji Japan

8. Influences behind Meiji Japan

9. The Meiji Constitution in action

10. The Emperor declares war

11. The Emperor question

12. The Supreme Command in action

13. The Supreme Commander in action

14. Coercive power in action : part I

15. Sentence - no mitigation evidence : coercive power in action : part II

16. Coercive power in action : part III

17. Coercive power in action : the FEC? part IV

18. Raw power and legitimate power in Japan

19. Conclusions.

In this book, Dr. Smith unpacks the circumstances surrounding the "trial" and execution of Koki Hirota in the wake of Japan's surrender at the end of the Second World War. Koki Hirota is the focus of attention because he was the only civilian executed for "war crimes" at the end of a 2 and a half year trial conducted by the "International Military Tribunal for the Far East". General MacArthur as "Supreme Commander" established this tribunal under the terms of the Japanese Surrender. The trial of Hirota and six others was a travesty. One of the dissenting judgments described the process of the trial as "a sham employment of a legal process for the satisfaction of a thirst for revenge". This book is in many ways deeply disturbing because of the abuse of power that Dr. Smith seeks to expose. In short, Dr. Smith contends that MacArthur had no legitimate power to arrest, detain, try, and execute the likes of Hirota. It is an interesting analysis that examines the hypocrisy of "winner's justice".

Includes bibliographical references and index.

9781480181564

xxxi, 544 p. : ill. ; 23 cm