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Military Trials of War Criminals in the Netherlands East Indies 1946-1949$
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Fred L. Borch

Print publication date: 2017

Print ISBN-13: 9780198777168

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780198777168.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 March 2021

Prosecuting the Japanese

Prosecuting the Japanese

Creating War Crimes Tribunals in the Netherlands East Indies

(p.35) 3 Prosecuting the Japanese
Military Trials of War Criminals in the Netherlands East Indies 1946-1949

Fred L. Borch

Oxford University Press

In coordination with the other Allies in the Pacific, the Dutch decided to prosecute war criminals in their custody at military tribunals. These “temporary courts-martial” were created by the colonial authorities in 1946 and were located in twelve different cities and towns in the East Indies. This chapter explains how these temporary courts-martial were organized, and how the Dutch decided on the thirty-eight war crimes that could be prosecuted at these tribunals. The chapter looks at the rules of evidence created for use at the military tribunals, and examines defences available to those persons accused of committing war crimes. It also looks at how the war crimes tribunals operated in practice between 1946 and 1949.

Keywords:   rules of evidence, customary law, war crimes, temporary courts-martial, sentences, war crimes tribunals, military tribunals

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