Klaus J (2025)
Publication Language: English
Publication Type: Journal article, Original article
Publication year: 2025
Book Volume: 27
Pages Range: 319-355
Journal Issue: 3
URI: https://brill.com/view/journals/jhil/27/3/article-p319_1.xml
DOI: 10.1163/15718050-bja10133
The article uncovers a significant historical connection between Raphael Lemkin, known for his work on genocide, and the International Military Tribunal for the Far East in 1947. Archival discoveries reveal Lemkin’s involvement in discussions on defining the legal concept of aggressive war, aiming to influence the proceedings of the Tokyo Tribunal. A transcript of a US War Department conference shows how Lemkin’s legal philosophy, balancing natural law and practical pragmatism, guided his views on aggression. His preference for a common law approach to formulating legal norms also became evident. Linking the 1947 conference report to an earlier publication by Lemkin sheds light on his role in imagining a practicable legal concept of aggression during the pre- and post-World War II era. This historical connection and a survey of the epistemic communities around Lemkin foster a deeper understanding of his multifaceted contributions to international law and the prevention of mass atrocities.
APA:
Klaus, J. (2025). ‘The Right of Existence of Peoples as Independent Nations’: Raphael Lemkin, the Tokyo Tribunal, and Aggression. Journal of the History of International Law, 27(3), 319-355. https://doi.org/10.1163/15718050-bja10133
MLA:
Klaus, Julia. "‘The Right of Existence of Peoples as Independent Nations’: Raphael Lemkin, the Tokyo Tribunal, and Aggression." Journal of the History of International Law 27.3 (2025): 319-355.
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