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김석연 한글학회 2006 한글 Vol.- No.272
The Correct Phonetic Alphabet is the Global Script Nurigeul
동경재판과 "평화에 反한 죄" -라다비노드 팔의 죄형법정주의-
김석연 고려대학교 일본연구센터 2011 일본연구 Vol.16 No.-
Echoing the Nuremberg precedent, the majority of the judges at the Tokyo Trial ruled that its Charter did not violate the principle of legality in light of the Kellogg-Briand Pact and other interwar pronouncements renouncing war as an instrument of national policy. In his dissenting opinion, Radhabinod Pal of India contended that those international efforts fell short of creating a customary law to the effect of outlawing "aggressive" war. Instead, he continued, national sovereignty was intact as the fundamental basis of international relations: the use of force remained a legitimate means of self-defense, to be exercised as long as the state in question had a "bona fide belief in the existence of some sufficient objective condition." Japan``s war, in his view, was essentially justifiable in that regard. Apart from the legal technicalities, he seems to have at least retrospectively resonated with Japan``s wartime slogan of "liberating" Asia, too. His sympathy for Japan betrayed his disapproval of the international status quo which, plagued with imperialism, had long been forged through the violence of the victor nations. The Western powers`` call for peace, then, loomed as a hypocritical ruse for preserving their own interests. In the end, Pal was an ideologically partisan judge in his own right. In defending Japan``s cause, moreover, he was unconscionably indulgent in interpreting the conditions and scope of self-defense. On the ex post facto nature of the Crimes against Peace per se, as it remains a contentious issue even today, Pal may have made a valid point; the paucity of individual indictments for aggression in the postwar years further suggests its incomplete state as a justiciable crime. All the same, as advocates of the Trial argue, the slow yet persistent pursuit of a viable mechanism for punishing aggression in and of itself may vindicate the legal minds behind Nuremberg and Tokyo. One might also note that, with practical and ideological prerequisites of war crimes trials brought off, the end of World War II had occasioned a rare and auspicious moment for the growth of international criminal law.
뢸링 판사는 동경재판을 부정했는가 - 소수의견 제출에서 말년의 회고까지 -
김석연 일본사학회 2012 일본역사연구 Vol.36 No.-
In meting out justice for Crimes against Peace, the Tokyo Trial cited the Nuremberg judgment which invoked the Kellogg-Briand Pact and other interwar pronouncements renouncing war. Unpersuaded, Justice B. V. A. Röling offered an alternative way of interpreting the Charter of the Trial which, in his view, was more consistent with international law: victors in a bellum justum were entitled to neutralize threats to the newly established order and hence could incarcerate the enemy leaders posing those threats. In the end, he managed to reconcile his dissent on legal issues with his belief in restoring peace through judicial measures. He also endorsed the punishment for crimes of omission while disagreeing on their ambit. In doing so, Röling rejected outright Imperial Japan’s wartime slogans of “Asia for Asians” as a sheer hypocrisy, too. As the Cold War unfolded, however, he became dismayed at the former victor nations’ failure to honor the lofty ideals of the Nuremberg and Tokyo trials. All the same, he kept his faith in the validity of the two trials and in the contributions they made on the course of the evolution of international criminal law. To be sure, Röling did have serious misgivings about the Tokyo Trial and could at times seem disenchanted with it. And there happen to be tendentious elements in Japan who take advantage of his unvarnished statements which, if quoted in fragments (and they have), could misrepresent his views. When all is said and done, this essay finds, Röling’s words and writings stand as a tortuous and yet sobering voice in affirmation of the enduring legacy of the Nuremberg and Tokyo trials.