L’opinion dissidente de Pal et le révisionnisme historique dans le Japon d’après-guerre

In his dissenting judgment in the Tokyo trial (the International Military Tribunal for the Far East), the Indian judge Radhabinhod Pal had challenged the validity of the concepts of "crime against peace" and "crime against humanity" developed by the Charter of the cou...

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Bibliographic Details
Main Author: Takeshi Nakajima
Format: Article
Language:fra
Published: L’Harmattan 2009-10-01
Series:Droit et Cultures
Subjects:
Online Access:http://journals.openedition.org/droitcultures/2043
Description
Summary:In his dissenting judgment in the Tokyo trial (the International Military Tribunal for the Far East), the Indian judge Radhabinhod Pal had challenged the validity of the concepts of "crime against peace" and "crime against humanity" developed by the Charter of the court and which were used to condemn the Japanese officials as "war criminals category A". Whereas these concepts are subject to ex post facto legislation, he felt it was better to stick to the existing concept of "war crimes". Failing that, instead of justice, the trial of Tokyo according to endorse the idea that it was enough to win an armed conflict to impose the law in an arbitrary manner. In Japan, this opinion is gradually tightened, then diverted from its original purpose, by a stream of more and more outrageously revisionist. This article reviews the essential points of the argument of Pal before analyzing how the Japanese attacked revisionists seized.
ISSN:0247-9788
2109-9421