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The Australian Pursuit of Japanese War Criminals, 1943-1957From Foe to Friend$
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Dean Aszkielowicz

Print publication date: 2017

Print ISBN-13: 9789888390724

Published to Hong Kong Scholarship Online: January 2018

DOI: 10.5790/hongkong/9789888390724.001.0001

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Procedure

Procedure

Chapter:
(p.45) 3 Procedure
Source:
The Australian Pursuit of Japanese War Criminals, 1943-1957
Author(s):

Dean Aszkielowicz

Publisher:
Hong Kong University Press
DOI:10.5790/hongkong/9789888390724.003.0004

The Australian prosecutions were a difficult balance of several competing imperatives. The government, military, legal professionals and the public all, on balance, called for trials that were fair and upheld the highest standards of Western justice. The prosecutions needed to be effective though, and it was thought that justice out to be carried out swiftly. To maintain this balance, the Australian trials featured procedures that were uncommon in civilian courts and even in pre-war military courts. Cases could be built on affidavit evidence only, and accused war criminals could not avoid a guilty conviction by blaming their crimes on the military chain of command.

Keywords:   Personnel, Rules of Evidence, Trial procedures, Death Penalty, Superior Orders

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