Substantive or Jurisdictional? The Tokyo Charter and the Legality Challenge at the International Military Tribunal for the Far East

Author:Xiao Mao
Position::MPhil Candidate (Oxon); Part-time Researcher at the Center for Tokyo Trial Studies of Shanghai Jiao Tong University. Msc. (VU Amsterdam), LL.M. (UCL), LL.B. (Shanghai Jiao Tong Uni.)

The legacies of Tokyo Trial have been overlooked and questioned partly because prosecuting aggression was allegedly a violation of the principle of legality. This essay argues that the trial should not be overlooked for this reason because the legality debate at the trial provides insights into the interplay between the principle of legality and sources of international criminal law. Besides the... (see full summary)

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