Towards the Post-institutional Phase of the Tokyo Tribunal: Narratives, Sentences, Detentions
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Babovic argues that the judgement did not represent the end of the Tokyo Tribunal but its transition into the post-institutional phase of the Tribunal. This chapter observes the majority judgement and dissenting opinions as instances that offer legal and historical narratives for each stakeholder in the process. After the judgement is rendered, the window of opportunity opens for the review of the sentences which provokes the controversy regarding the international character of the Tribunal. The chapter looks at MacArthur’s decision not to review the sentences of Class A war criminals sentenced to death and correct the injustices in sentencing. Already in 1948, the US foreign policy towards Japan started to shift, but it failed to be reflected in the looser policies regarding war criminals.