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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: 23 April 2021

Criminal Group Responsibility

Criminal Group Responsibility

Prosecuting the Tokkeitai, Kempeitai, and 25th Army

(p.154) 8 Criminal Group Responsibility
Military Trials of War Criminals in the Netherlands East Indies 1946-1949

Fred L. Borch

Oxford University Press

During the Japanese occupation, the widespread and almost daily commission of war crimes by members of the Tokkeitai and Kempeitai resulted in a unique post-World War II approach to the prosecution of war crimes: If a war crime was committed within the framework of the activities of a group of persons in such a way that the crime could be ascribed to the group as a whole, then the crime was considered to have been committed by the group, and criminal proceedings could be taken against and sentences passed on all members of the group. This was a unique approach to the prosecution of war crimes; no other nation has ever used such a group criminal liability theory. This chapter examines the concept by looking at prosecutions involving the Japanese naval police (Tokkeitai) and military police (Kempeitai) and the 25th Army.

Keywords:   Tokkeitai, Kempeitai, Japanese 25th Army, mistreatment of prisoners of war, unlawful mass arrests, systematic terrorism, mistreatment of civilians

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