Omission Liability for War Crime Charges in International Military Tribunal for The Far East

Abstract: This paper focuses on omission liability for war crimes at International Military Tribunal for the Far East. The author analyses the legal basis and constitutive elements of this forms of individual responsibility at the Tokyo tribunal and argued that it is wrong to disregard the contribution of Tokyo IMT in terms of omission liability on the grounds that it disrespects criminal principles such as principle of legality and personal culpability. Such a kind of individual responsibility theory may be considered as a precedent of contemporary superior responsibility by nature and also possesses some characteristics of joint criminal enterprise, and the controversial issues as raised in Tokyo IMT should have informed contemporary discussions on principles of liability