Overview

This is volume 1 of a new, 5-volume reference work which rectifies a lamentable gap in access to rich war crimes trial jurisprudence from the post-World War II era. It offers a comprehensive collection of the Law Reports of the 300 Australian Military Courts trials held between 1945-1951, together with location essays on their background and relevance. Launched at a propitious time in which Australia is engaged in a significant criminal investigation of alleged ADF war crimes in Afghanistan, it will be of lasting value both within Australia and outside it in the wider realm of international criminal law. Many other Allied nations conducted their own military trials in both the European and Pacific theatres post-WWII, and the Australian experience, documented in these unique volumes, offers an important template for other national initiatives of this kind. The collection supplies i.a. trial transcripts and analysis of prosecution and defense arguments, relevant legal issues, judgments and sentences. It is a rich and unrivalled resource for historians and scholars as well as practitioners of international criminal law.

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9789004683341

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Tim McCormack is Professor of International Law at the University of Tasmania and the Special Adviser on War Crimes to the Prosecutor of the International Criminal Court in The Hague. He is the Editor-in-Chief of the International Humanitarian Law Series published by Brill Nijhoff and he was the Chief Investigator of the Australian Research Council (ARC) funded project Australia’s Post-World War II War Crimes Trials of the Japanese: A Systematic and Comprehensive Law Reports Series which funded the research reflected in this and subsequent volumes of the new reference work. That project was undertaken in collaboration with the Australian War Memorial and with the Legal Division of the Australian Government’s Department of Defence. Narrelle Morris is an Associate Professor in the Curtin Law School, Curtin University in Western Australia. She is the principal legal researcher on the ARC project on Australia’s Post-World War II War Crimes Trials of the Japanese. She is the author of Japan-bashing: Anti-Japanism since the 1980s (Routledge, 2010) and Japanese War Crimes in the Pacific: Australia’s Investigations and Prosecutions (National Archives of Australia, 2019). Narrelle Morris and Tim McCormack (along with Georgina Fitzpatrick) were also editors of, and contributing authors to, Australia’s War Crimes Trials 1945–51 (Brill/Nijhoff, 2016), which was shortlisted in 2017 for the New South Wales Premier’s Award for Australian History.

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