Tokyo Tribunals Research Articles

Revisiting Röling and Cassese’s Appraisal of the Tokyo Tribunal

Abstract In late 1977, Antonio Cassese interviewed Bernard Röling about his experiences as a judge at the International Military Tribunal for the Far East, and his career after that. The resulting book, The Tokyo Trial and Beyond: Reflections of a Peacemonger, was published in 1993. It not only offered an insider’s account of the politics and personalities that shaped the Tokyo tribunal but also addressed associated issues – strategies for disarmament, the definition of aggression, the limits of self-determination – that would exercise international actors over the ensuing decades. In the process, it revealed much about the perspectives and occasional foibles of two innovative and outward-looking jurists whose work was nonetheless rooted in, and sometimes constrained by, European legal approaches to peace and justice.

Implementation of Criminal Sanctions for Violators of International Crimes by the International Criminal Court

In enforcing International Humanitarian Law against violators of crimes that fall under the jurisdiction of the International Criminal Court (ICC) based on the 1998 Rome Statute and previous international crimes that were tried based on the Ad Hoc Court. Norms regarding enforcement mechanisms for International Humanitarian Law can be found in the Geneva Conventions of 1949 and two Additional Protocols I and II of 1977. Apart from that, they can also be found in provisions relating to ad hoc and permanent War Crimes Tribunals, such as the International Criminal Court (ICC). This International Court is a legal instrument that causes violations of international crimes to be said to be effective. To prove that in enforcing International Humanitarian Law, the International Court has tried and punished perpetrators of international crimes, for example, Herman Wihem Georing case through the Nurenburg court with sentenced to death, Matsue Iwane case that Tokyo Tribunal finished, Anto Furundzija case by Yugoslavia court (ICTY), Jean- Paul Akayesu by Ruwanda Tribunal (ICTR), Somalia and Sudan case in processing by ICC. Case of Israel committing war crimes in Gaza during the 2008-2009 period.

Beyond Legality: The Historical Disregard of the Principle of Legality and its Impact on Forced Marriage Prosecution in International Criminal Law

The principle of legality, a fundamental theme of international criminal law, emphasises that an individual should not be punished for an offence that is not defined by law. Increasingly, international criminal courts and tribunals are disregarding this principle through extending crimes by analogy, an approach that is not supported by the principles of international criminal law. One area where this approach is evident is in the prosecution of the crime of forced marriage, which has never been explicitly proscribed by any of the statues of international criminal tribunals/courts. This contribution first examines the views of the Nuremberg and Tokyo tribunals to come to grips with the latter’s approach to the principle of legality. Subsequently, a brief analysis of the International Criminal Court, the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia is conducted to highlight a consistent pattern of disregarding the principle of legality. When compared to the Nuremberg and Tokyo tribunals, the approach of these three courts is unique in that the latter have not classified forced marriage as a distinct crime, choosing instead to include it under crimes against humanity, seemingly suggesting that the principle of legality is not undermined. However, this contribution underscores that this approach is still a violation of the principle of legality. It is argued that the extension of crimes against humanity by analogy represents a continuation of challenges observed by the Nuremberg and Tokyo tribunals concerning the disregard of the legality principle and that the ongoing prosecution of forced marriage in the absence of a specific criminal provision is a violation of this principle.

A Critical Analysis of the Prosecution of Sexual and Gender-Based Violence at the International Criminal Court

The prosecution of crimes of Sexual and Gender-Based Violence (SGBV) has remained a challenging issue for international criminal justice. Given that in the past, crimes of sexual violence within the context of international armed conflict were not considered substantive crimes. This is evidenced in the non-prosecution of sexual and gender-based crimes at the Nuremberg and Tokyo tribunals despite the incontrovertible utilisation of the "comfort women system" in Tokyo during World War II. However, with the emergence of the International Criminal Court(ICC), there seems to be a reasonable but piecemeal progression of the investigation and prosecution of SGBV. Although, previous studies have reported that investigating and gathering evidence for SGBV is a continuing concern within the jurisprudence of the ICC. The recently decided cases at the Court especially demonstrate a development and dynamics in the prosecution of SGBV at the ICC. By employing a doctrinal research method, I spotlight the nuances and hurdles of sexualised crimes within the ICC. The author recommends gender mainstreaming in the investigation and prosecution of sexual violence in order to fill the gap.

The Gap between the International Criminal Court and Victims: Criminal Trial Reparations as a Case Study

Although victims have the right to limited participation in trials and to seek reparations after sentencing, the legal structure of the International Criminal Court (ICC) prioritizes retributive justice over restorative justice and punishment over reparations. Thus, currently, although the perpetrators can be tried through the ICC, it is still difficult to obtain reasonable compensation for the damages suffered by the victims. On the one hand, the ICC’s reparation system may be restricted by the identity of the victim, ICC internal factors, and so on. The current structure of the ICC compensation system allows for hierarchical relationships between victims, while at the same time, there is tension between individual and collective types of compensation. These factors have led to a disconnect and gap between the protection of rights at the theoretical level and actual reparation. This dichotomy between the theoretical protection of the rights of victims and the real protection of victims in practice exists in the ICC. Victims are isolated from the field of vision due to potential repercussions. The idealistic illusion of justice is completed when the ICC stands on the stage and accepts the audience’s praise. However, for compensation in criminal courts, people are paying increasing attention to the legal process and content. In practice, the proportion of victims of international crimes is not low, and in some cases, victims are widespread. It can be seen that criminal compensation for victims is an issue that spans a vast range of people and regions. Nonetheless, there are still research gaps regarding reparation and other ideas of justice according to the ICC, how the ICC provides multifaceted safeguards for victims, and the limitations and influence of the mechanism of the ICC on the compensation of victims. Considering the above problems, this paper aims to analyze the International Criminal Court indemnity cases. This paper wishes to analyze reparations and other ideas of justice under the ICC, examining the approach of the ICC toward compensation for victims, where the ICC is heading regarding reparations for victims, how the reparations system works, and the advantages and disadvantages of the reparations system, as well as what are the potential problems of ICC related to reparations. What guarantees do the ICC’s mechanisms provide for victims to be able to receive reparations? How does the structure of the ICC reparations system conflict with victims’ reparations in practical terms? What are the potential obstacles and gaps between criminal trial reparations and victims? The first chapter wants to analyze the early Nuremberg tribunal, Tokyo tribunal, ICTY, and the ICTR by analyzing whether international criminal justice under these military tribunals was restorative justice or reparation justice and interspersed with analyses of reparation to victims under these tribunals. Then, it analyses it further about justice and reparation of the ICC, and it talks about the compensation for the victim and how the idea of compensation under the ICC has evolved. Using these arguments to analyze reparation and other different ideas of justice under the paly of ICC. The second chapter of the article analyzes the “participatate in trial for compensation”, “The limits of participating in trial”, “Safety protection for victims” to demonstrate the current protection and progress of the ICC system on the issue of victims’ compensation, this is because victims’ participation in the trial will bring a lot of help to the issue of compensation. The article analyses the significance and shortcomings of participation in a trial for compensation, which is necessary and meaningful to the issue of compensation because “participation in trial” and compensation are related and complementary to each other, as participation of the victims will bring a lot of help to the issue of compensation. The article analyses the section “Protection of the financial situation of victims: A possible alternative methods of reparation” because, to some extent, it can be seen as an alternative method of ICC compensation. The third chapter of the article hopes that by analyzing “Little compensation”, “The silence court put on victims’ rights of compensation”, “The ICC’s model of judicial administration remains optional” to argue and analyze how the structure of the ICC reparations system conflict with victim reparations in practical terms. Because the silence the court put on victims’ rights of compensation and the ICC’s model of judicial administration remains optional, both directly impact the issue of compensation. Chapter IV mainly aims to analyze some of the potential negative impacts of the ICC on victim reparations, specifically “The victim’s social death”, “Restrictions on “expression” between the victim and the court”, “Does the ICC hope to improve its attitude to victims?” to specifically analyze and argue these aspects of its potential negative impact on victim reparations. On this basis, this paper analyzes the gap between criminal trial reparations and victims to identify what negatives exist between the two.

A Normative and conceptual study of peace after the Second World War in light of the Nuremberg Tribunal and the United Nations

The concept of peace is a source of much debate in the history of international law, and scholars have discussed it from different perspectives. State's consent formed the basis for the legal order prior to the Second World War. However, after the Second World War, peace requirements altered the order by imposing certain obligations upon States. These obligations are essential for universal peace, regardless of states' consent. Among these requirements, the salient sample is the prohibition of waging war, which was criminalized for the first time by the Nuremberg and Tokyo Tribunals. As part of the process of pursuing lasting peace the adoption of the Charter of the United Nations is a hallmark. The Charter outlined a new vision of peace, coupled with retaining the classic definition of peace as the absence of war. There are two characteristics of the Charter's peace; it is manifested in a particular form with a definite connotation. In terms of the form, certain articles of the Charter suggest that the form is the relationship between the members of the United Nations and that the connotation is the implementation of human rights. Charter law pledges States, individually and collectively, to observe human rights both at the domestic and international levels, and this understanding of peace has affected the structure of international law.

The Problem of ‘Uncertainty’ in International Criminal Law and the Common Law ‘Method’

Abstract International criminal law has evolved from abstract ideas of an international criminal jurisdiction in the early twentieth century to encompass a comprehensive set of tribunals, rules, and methods. This article explores the contribution of the common law to the development of international criminal law, drawing on two key historical episodes – the Nuremberg and Tokyo tribunals, and the ad hoc International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) – to consider the common law’s historic influence over, and relationship to, uncertainty within the system of international criminal law. First, the article highlights how British jurists framed the normative uncertainty vis-à-vis the idea of international criminal justice in their contributions to this Yearbook. Second, it examines the characteristics shared between common law and international criminal law, with a view to appraising the potential relationship of both ‘systems’. Finally, it interrogates the differing treatments of the common law throughout the development of substantive international criminal law over time, considering how judges utilized the common law as they navigated the complex dialectic between ‘statutory’ and ‘judge-made’ law.

THE ROME STATUTE: A CRITICAL REVIEW OF THE ROLE OF THE SWGCA IN DEFINING THE CRIME OF AGGRESSION

The main theme of this study is how the Rome Statute was created and why, even though article 5 of the ICC Statute brought the prosecution of crimes of aggression under its purview, the court's jurisdiction over such crimes was postponed. In addition, the Special Working Group on the Crime of Aggression (SWGCA), which was particularly influenced by the precedent set by the Nuremberg and Tokyo tribunals, considered the facts and the decisions made in reaching the final description for the crime of aggression. The study will also discuss recent cases involving crimes of aggression that upheld the fundamental rule of individual accountability under international criminal law. The qualitative research methodology has been applied on following article.

Seeking Justice for Women: Potential and Limits of International Solidarity Movements

Abstract The contribution aims at analysing the role of international solidarity movements in seeking justice for international war crimes against women. Through the example of the ‘comfort women’ case, the article examines the ways in which these international solidarity movements have used international law instruments and institutions to promote the idea of an individual right to reparation as a means by which victims can obtain justice. Two specific legal features of this case show the international solidarity movements’ engagement with international law over the last decades: first, the establishment of the Women’s Tokyo Tribunal, and, second, the judicial mobilisation of international civil society actors before national courts. It is argued that the international solidarity movements have informed the legal concepts, paradigms, and language used to legally analyse the ‘comfort women’ case, and, to a certain extent, they have influenced some recent jurisprudential developments, especially in the legal arguments invoked by the national courts that have decided on the claims of ‘comfort women’. Ultimately, the ‘comfort women’ case demonstrates how the solidarity of international civil society actors towards a specific group of victims can be essential in order, first, to achieve post-conflict justice and, second, to progressively develop international law towards the advancement of legal standards of protection for individuals.

Locating and Situating Justice Pal: TWAIL, International Criminal Tribunals, and Judicial Powers

AbstractThis paper brings forward Justice Pal's dissenting opinion at the Tokyo Tribunal to add to Third World Approaches to International Law (TWAIL) literature on international criminal law and the rules of evidence and procedure. It is part of a TWAIL effort to scrutinize the everyday practices of international prosecutions through procedural and evidentiary rules. By locating and situating Justice Pal's reasoning within the broader academic literature on dissents in international criminal law, it is possible to illustrate how and why Justice Pal's views were obscured as a relevant dissent. From this vantage point, this paper pursues Justice Pal's legacy as it relates to the rules of evidence and procedure in the International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda. It traces the evolution of the judicial power to draft and amend these rules, and examines the impact of these decisions on the everyday functions of the tribunals and how truth is determined.

Comparative analysis of aspects of the defense of the defendants of the Nuremberg and Tokyo Tribunals

The article discusses some aspects of the legal defense of the defendants of the International Military Tribunal for the Trial and Punishment of the Main War Criminals of the European Axis Countries and the International Military Tribunal for the Far East. A comparative analysis of the provisions of the Statutes of international Tribunals concerning the rights of the accused to defense is given. The rights of the defendants are considered in detail, including the right to defend themselves personally, the right to choose a lawyer, and the right to provide evidence. The article is carried out within the framework of the study of the history of international criminal justice and the history of the formation of international criminal law. The analysis of some modern problems in the field of ensuring the rights of defendants to defense in the activities of the International Tribunal for the Former Yugoslavia (ICTY), as well as their origins found in the activities of the ICTY, is carried out. Using the methods of comparative jurisprudence, the analysis of the norms of law established in the statutes of the Tribunals was carried out. The dogmatic method is applied in the interpretation of the norms of law set forth in the statutes. The dogmatic method is applied in the interpretation of the norms of law set forth in the statutes. The author concludes that some modern problems of international criminal justice originate in post-war tribunals. Thus, violations of the rights of the accused by the ICTY had their historical roots in the form of norms laid down in the Statute of the Tokyo Tribunal. A proposal was made on the need to develop basic rules for granting the right of protection to defendants, based on the experience of international criminal trials. It is also concluded that it is necessary to exclude the possibility of pressure from international courts, judges and prosecutors themselves on defenders. For this purpose, it is proposed to provide for the impossibility for judges to arbitrarily ban unwanted lawyers from participating in the process. It is also proposed to introduce a direct ban on the appointment of a lawyer to the defendant against his will and to provide for the possibility of recusal of a lawyer only in the case of a proven crime against the administration of international justice.

The Tokyo Tribunal: Precedent for Victor’s Justice II

Besides, previous publication of Nuremberg Tribunal: A Precedent for Victor’s Justice (2020), the study is named as The Tokyo Tribunal: Precedent for Victor’s Justice II. The bombings at Hiroshima and Nagasaki were heinous crimes against humankind that caused physical, material, socio-cultural, and emotional losses. The bombings violated humanitarian law. This paper aims to find out the situations of the investigation, prosecution and punishment, and analyse the preference for justice: victor’s justice or victim’s justice. During World War II, anti-communist Emperor Hirohito actively led Japan decorated by the Army’s uniform but pretended to be a ceremonial Emperor making scapegoats to his opponents. Former Prime Ministers Konoe and Tojo were conspiratorially assassinated. Hirohito bribed callous US Army General Douglas MacArthur. MacArthur ordered to gather testimonies to prove Hirohito as innocent. The Tokyo Tribunal was biased since it did not speak a word against the indiscriminate bombings and mass killings in Chinese cities, among others. The Tribunal had a pseudo justice body, highly influenced by the US military and retributive justice doctrines. Judges were appointed from each allied victor excluding from Japan. Five of the 11 Judges submitted separate opinions on their judgment. Justice had been elusive for the innocent, weak, and poor victims. Most crimes committed went unpunished. The Tribunal ironically ensured the victor’s justice, further limiting the victim’s justice. Thus, the Tribunal appeared as a sword in a judge's toupee.

Постнюрнберзький розвиток концепції міжнародного злочину

У статті аналізується еволюція концепції міжнародного злочину в постнюрнберзький період, зокрема тенденції та фактори, що вплинули на її розвиток. Показана трансформація поняття міжнародного злочину в його еволюції й названі його основні модифікації: «нюрнберзька», «постнюрнберзька», «гаазька» та «римська». Досліджені фактори, що вплинули на концепцію міжнародного злочину в постнюрнберзький період.
 Автор виявляє основні тенденції розвитку міжнародного кримінального права, що сформували концепцію міжнародного злочину у постнюрнберзький період, основним напрямом яких була розробка норм і механізму кримінальної відповідальності за воєнні злочини та злочини проти людяності в повоєнний період.

Le Moment Nuremberg: Le procès international, les lawyers et la question raciale, by Guillaume Mouralis

Turning-point or dead end? Success or failure? Interest in the International Military Tribunal (IMT) which tried twenty-two leading Nazis at Nuremberg from October 1945 to October 1946 shows no sign of abating. This is because the IMT’s significance can be read in different contexts—the end of the Second World War, the de-Nazification of Germany, the development of international law, the history of penal proceedings and the stigmatisation of the violence of modern war. That some of these contexts remain live further affects views on this, one of history’s most innovative trials. Innovation is the key. Whatever it did or did not achieve, Nuremberg (along with the parallel Tokyo Tribunal) was unique. It was the product of ‘total victory’ by Allies who would soon confront each other in the Cold War. But rather than use summary judgments followed by execution, the Allies sought to reaffirm the values that their erstwhile enemy...

"ГААЗЬКА" МОДИФІКАЦІЯ КОНЦЕПЦІЇ МІЖНАРОДНОГО ЗЛОЧИНУ

The article analyses the development of the concept of international crime in the "Hague" period, which covers the last decades of the last century and is closely related to the establishment of ad hoc international tribunals in the former Yugoslavia and Rwanda. The article reveals the legal grounds for the establishment of these tribunals, the features of their activities, jurisdiction and principles of responsibility of persons who committed crimes in the former Yugoslavia and Rwanda. The establishment of international justice bodies by UN Security Council decisions has provoked a number of debates about their legitimacy, but it is undeniable that the activities of ad hoc international tribunals have contributed to the initiation of a new stage in the development of international criminal justice, further development of international criminal law, in particular in the development of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court. All types of tribunal jurisdictions are disclosed, but special attention is paid to the substantive and personal jurisdictions of tribunals, which became the basis for the theoretical justification of the "Hague" modification of international crime, as well as the practical implementation of this concept in tribunal decisions. It is shown that the categories of international crimes that constitute the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia (serious violations of the Geneva Conventions, violations of the laws or customs of war, genocide and crimes against humanity) and the categories of crimes defined in the Statute of the International Tribunal for Rwanda against humanity and violations of the Geneva Conventions) in the documents of the tribunals have been developed in comparison with the Nuremberg and post-Nuremberg periods. ~ 74 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 It is shown that the substantive jurisdiction of the ICTY and the ICC does not coincide with the provisions of the Nuremberg and Tokyo tribunals. The differences relate to the list of categories of crimes; parallel jurisdiction of international ad hoc tribunals and national courts; extending the competence of ad hoc tribunals to cases of crimes committed both during wars between states and during internal armed conflict, etc. The content of the categories of crimes, their composition, the subjects of responsibility have been clarified. In particular, the characteristic features of the crime of genocide and crimes against humanity are identified; the conditions, elements and subjects for the recognition of their qualifications are indicated. The author pays attention to the principles of personal jurisdiction, shows that in the decisions of international tribunals ad hoc has developed the principle of individual responsibility for international crimes that constitute substantive jurisdiction. The application of the principle of universal jurisdiction in the activity of tribunals is revealed. The author concludes that the establishment of ad hoc international criminal tribunals and their activities has contributed to the development of the concept of international crime and the separation of a special "Hague" modification. Keywords: international crime, tribunal, "Hague" modification, international justice, jurisdiction, criminal liability

Nuremberg modification of international crime and criminal responsibility of individuals

The article analyses the formation of the Nuremberg model of international crime, its origins and preconditions, the role of theVersailles Peace Treaty of 1919 and other factors. The author states that the inability to ignore the expansion of international crimemakes criminal responsibility unavoidable, and thus the experience of the Nuremberg and Tokyo tribunals bear the fundamental meaning.Examined are the legal bases of the Nuremberg trial, the main problematic issues of discussion, in particular, the recognition ofcertain acts as criminal, procedural security of the accused, harmonisation of procedural rules of different legal systems (continental,Anglo-American, Soviet legal system), immunity of officials and especially the importance of the Nuremberg Trials for the furtherdevelopment of international criminal law. The author argues that individual international criminal responsibility, which should be consideredthe first most important feature of international criminal law, was formed during the Nuremberg Trials on the basis of customarylaw, general principles of law and normative sources: the London Agreement of 1945 “On Prosecution and Punishment of the majorwar criminals of the European Axis countries” and the Statute of the International Military Tribunal. The Nuremberg Trials of1945–1946 and the Tokyo Trials of 1946–1948 were the first effective international criminal tribunals in which individuals with fullprocedural rights and acting on their own behalf were indicted. The precedents of these tribunals have proven the ability to criminalisecrimes under international law that are not crimes under national law and serve as a basis for developing a concept of international crimein a new sense that is closely linked to international justice.The author also concludes by drawing the attention to the fact that due to internationalisation of crime, two different characte -ristics and dimensions have formed: criminal responsibility stricto sensu, and criminal responsibility within the frames of a newlyformed autonomous subbranch of international criminal law – transnational criminal law.

Crimes of Sexual Violence within International Criminal Law: A Historical Outline

This article will provide a synoptic historical outline of international criminal law (ICL) from a gender perspective. An effort is made to highlight the landmark stages in the evolution of the ICL, particularly in its treatment of rape and other sexual crimes perpetrated against women during armed conflict. For this purpose, a critical examination of Nuremberg and Tokyo tribunals, criminal tribunals for Yugoslavia and Rwanda as well as Special Court for Sierra Leone, and the International Criminal Court is attempted. Endeavour is to outline the gender and sexual crimes jurisprudence developed by the above mentioned international criminal tribunals as well as courts, and then to examine its effectiveness in prosecuting crimes of rape and sexual violence carried out against women. An analysis of what might have gone wrong within the ICL in dealing with rape and crimes of sexual nature is also attempted.

Critiques on the Tribunals and The Hague Court

This critique is a review of heinous crimes. It assesses to connect with perpetrators, victims, people and institutions and change professed through the works of the Tribunals and The Hague Court and share the feeling with the concerned ones. The objectives of the paper are three-fold: (1) to study the situations of the investigation, prosecution and punishment on accountability; (2) to analyze the preference for justice: victors’ justice or victims’ justice; and (3) to access the critiques on violations of human rights and humanitarian law beyond the borders. Experiences on Transitional Justice, Human Security, and Human Rights among others feel touched, inspired and motivated to the author for this pioneer paper. This state-of-the-art paper is examined based on archival research, exchanging and sharing way forward with over 100 international publications and lessons-learned centric theoretical approach comprising snow-ball techniques. The study theorizes: (1) Retributive Justice Theory: Punishment is justified as perpetrator deserves for penalty, equivalent vengeance; (2) Utilitarian Justice Theory: Punishment is justified to mid-and-junior level perpetrators scooting-free to the top-most policymakers including Emperor Hirohito. Allied powers believed that Hirohito can only fight against the communism; (3) Denunciation Justice Theory: Punishment is justified by pressure of society that sends a clear message: offence is a heinous crime and sentencing a perpetrator is logically just; (4) Restorative Justice Theory: Punishment is justified as crimes of perpetrators hurt everyone and justice repairs the damage satisfying through accountability, reparation, rehabilitation and reconciliation; and (5) Transnational Justice Theory: Punishment is justified to operate outside a nation territory that penalizes the perpetrators as a crime of international concern. The Nuremberg and Tokyo Tribunals had virtually been victor’s justice with self-righteous fraud and lynching bodies. The Tokyo Tribunal never talks about bombings at Chinese cities. The U.S. and its axis powers discourage future aggressions accepting victor’s justice. The UN failed to restore peace and security. Cronyism was/is widespread. All Tribunals seemed pseudo justice bodies. People criticize these for being one-sided, inefficient, ineffectiveness, politicized, lengthy, very costly and unfair bodies. The U.S. and its satellite nations control both Tribunals and The Hague Court providing funds, instruments and staff. The Hague Court is a highly debated body with many flaws, targeting mostly poor and opponent African countries. Most grave crimes committed go unpunished. Thus, justice delivery appears as a sword in a judge's toupee. If The Hague Court is continuously influenced by powerful non-signatories of Statute, the relevance of its functions are hopeless. Justice becomes elusive for the innocent, weak and poor ones.

PERBUDAKAN SEKSUAL (SEXUAL SLAVERY) SEBAGAI KEJAHATAN KEMANUSIAAN DAN PERANG DI BAWAH HUKUM INTERNASIONAL

Abstrac Almost every case of armed conflict both internal conflict and inter-state conflicts, violations that fall into the category of crimes against humanity. One such crime is sexual slavery. Nevertheless, the true multiple instrument products have set about sexual slavery, but in fact violations still occur, so how to regulate the instrument set up and how the application of the instrument. The approach used in this study a statutory approach and approach the case, it is intended to determine the international instruments which regulate and application of the crime of sexual slavery. Sexual slavery has been set up in several instruments and is a violation of the Fourth Geneva Conventions of 1949, Additional Protocol II of 1977, the Universal Declaration of Human Rights, the Rome Statute, anti-torture convention so that it can be regarded as war crimes. Sexual slavery is expressed as slavery not as rape. Evidently some tribunal (ICTY, ICTR, Tokyo Tribunal, and ICC) which has been in effect and entrap the perpetrators of sexual slavery was found guilty.Key words: Sexual slavery, Crime Humanity, War Crimes and International Law

Generations of Transitional Justice in the World

The objectives of the paper are to investigate the axiomatic truth and record the human wrongdoings of the past, deliver justice to the victims at present, make perpetrators accountable and initiate generous change in the rule of law for prosperous, peaceful and harmonious nation. The state-of-the-art paper is prepared based upon literature review, exchanging and sharing, and a practical observation approach rather than theoretical-analytical conception, except Generation. An interdisciplinary (politico-legal) word, ‘Transitional Justice’ (TJ) is healing the violations and/or abuses of yesterday, investigating and reconciling today and hoping to protect the tomorrow for not only a few privileged, but for the people of all Generations. The Generation tends to ascertain cause, nature, degree and patterns of identity-based crimes and genocide, determine the role of perpetrators and analyze the impact of the Truth Commission. Generally, Generation refers to the biological age groupings (20 to 30 years) that live together and share similar characteristics – attitudes, behaviors, contexts, sufferings and cultures. The paper reviews over 90 TJ countries in Five Generations (I, II, III, IV and 0), starting from the post-World War II to the present day world. Generation-I presents a genesis of TJ, a notion changed from the holocaust to the retributive justice which comprises the analyses of Nuremberg Trial and Tokyo Tribunal. Rather than making the main perpetrators involved in World War (WW) II accountable, the Nuremberg Trial has been a holier-than-thou betrayal to the Germans by a pseudo trial, and immunity to ‘French, Soviet Union, Americans, British and Japanese Emperor’ and Geneva Convention violators owing to a high political masquerading and retribution. Generation-II reveals a notion changed from internecine war crimes to humanitarian justice. It compares and contrasts the functions of the Truth Commissions that have a direct structural link with perpetrators’ four Ds (viz. delay, deceive, deny and dilute) approaches of TJ. Beyond domestication, TJ is an international human rights law, international criminal law and international humanitarian law. TJ has been more political in nature and less legal in practice. Generation-III tends to a notion changed from domestic criminal jurisprudence to international tribunal justice. The western developed and non-signatory nations of the Rome Statute try hard to establish and control the International Criminal Court (ICC) to their bad relation with post-conflict countries. Generation-IV discloses a  notion changed from sectarian violence to reconcile justice. In such cases, non-state elite actors normally engage against the weak and poor people to prove their superiority conducting communal apartheid and cultural genocide. Lastly, Generation-0 (Zero) refers to a notion changed for justice establishing the Truth Commission. Truth Commissions have been unable to identify and investigate the human rights violations and/or abuses in the post-conflict periods, despite huge national and international pressures. Generally, what for transitional justice: victor (perpetrator) or loser (victim and or survivor)? The answer is: ‘world’s Transitional Justice ironically ensures freedom to the perpetrators further limiting justice to the poor and weak victims and society at large’ in all Generations. On the other, the universe moves towards the identity-based multi-polar new world order setting owing to innumerable interests and practices of the Transitional Justice system.