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Gift of Clemency Following British War Crimes Trials in the Far East, 1946-48

NCJ Number
164236
Journal
Criminal Law Forum Volume: 7 Issue: 1 Dated: (1996) Pages: 15-50
Author(s)
R J Pritchard
Date Published
1996
Length
36 pages
Annotation
This analysis of the pressures to reduce the sentences of Japanese offenders convicted in the British war crimes trials in southeast Asia following World War II concludes that future efforts to seek remedies against war crimes, genocide, crimes against humanity, and gross violations of international human rights must anticipate and minimize the probable backlash supporting war criminals after conviction.
Abstract
The British military tribunals processed at least 930 prosecutions of 890 defendants, followed by 776 convictions. Despite the heinous nature of many of the offenses, successive British governments came under considerable pressure to terminate the trials as quickly as possible and to release convicted war criminals well before they had completed their sentences. As a result almost none of these Japanese war criminals remained in custody longer than 10 years; all were released by the beginning of 1957. These events and actions indicate that international criminal attorneys and others who seek remedies against such crimes must recognize and deal with the political realities involved. Otherwise, their efforts to observe due process and mete out justice will be unraveled. Footnotes