Handouts for Grades 11-12
Handout 4.1: Organizing a Mock Justice Tribunal
The Task
Imagine that you are part of an international tribunal that has been given the task of deciding how justice can be served for the victims of Japan's war crimes and crimes against humanity during the Asia-Pacific War. The tribunal will hear arguments from victims' advocates (the prosecution) and from the government of Japan (the defence) on the following question:
"Has Japan settled its obligations with regard to war crimes and crimes against humanity committed by Japanese Imperial forces?"
The tribunal judges will then issue their judgement on the question and recommend any action they feel is necessary on the part of the government of Japan to restore justice.
You will take part in the Recovery of Justice Tribunal in one of the following roles:
- as a member of the team representing victims and survivors (the prosecution)
- as a member of the team representing the government of Japan (the defence)
- as a member of the tribunal (the judges)
Preparing for the Tribunal Hearing
First meet with the other members of your group and read through the directions (below) that apply to your group. Then, based on those instructions, your group can begin researching the information needed for the hearing.
Tribunal members: This group has a unique responsibility because they must stay completely neutral during the trial. Discuss how you will ensure a fair trial in which the evidence from both sides is considered and weighed. Then decide how you will reach a verdict (by majority vote? by reaching consensus? by secret ballot?)
To prepare for the arguments of the prosecution and defence teams:
· review Handout 1.1 (War Crimes and International Law) and Handout 4.3 (International Agreements Related to Compensation Claims) so that you are familiar with relevant international law
· review the other handouts in this resource to be familiar with the issues under discussion.
· decide what other information you need to be prepared for the hearing and divide up the research tasks among the members of your group
· consider researching the work of real international tribunals and examining how other nations have dealt with issues of redress and reconciliation (for example, the Canadian government's settlements with Japanese Canadians who were interned during the Second World War, the South African Truth and Reconciliation Commission, the German government's agreements with Israel for compensation of the victims of the Nazi regime, the war crime tribunals related to the Balkans).
Prosecution team: This group needs to be familiar with the war crimes and crimes against humanity committed by the Japanese Imperial forces during the Asia-Pacific War.
To build a convincing case that Japan has not settled its obligations:
· Assign some members of your team as "witnesses" who present their testimonials directly to the tribunal. Use the details from the handouts for Lessons 2 and 3 to create eye-witness accounts.
· Be sure your team's presentation addresses Japan's obligations under international law (review Handout 1.1 (War Crimes and International Law) and Handout 4.3 (International Agreements Related to Compensation Claims) and does not rely on appealing to the judges' sympathy.
· Read Handout 4.2 (What Victims and Survivors Want) to be clear about what you are asking for.
Defence team: As the defence, your task is to represent the interests of the government of Japan to the best of your ability. To do so convincingly:
· You must be familiar with what victims want, what the government of Japan has already done, and why the Japanese government refuses to do more
· Review Handout 1.1 (War Crimes and International Law) and Handout 4.2 (Legal Basis for Claims) so that you are familiar with the relevant international law. Then use Handout 4.4 ( Japan's Response) to help build your defence. Decide what additional research your team needs to do to make its case. Then divide the research tasks among your team members.
· As your presentation will follow the prosecution's, you will need to anticipate their arguments and be well prepared to address the prosecution's claims. It is necessary to do this ahead of time, as you will not have time to prepare arguments during the activity.
Conducting the Hearing
The tribunal process follows this order:
1. Presentation of the prosecution's case against Japan (8 minutes): The prosecution addresses its argument to the tribunal and then answers questions from the tribunal members.
2. Presentation of the defence (8 minutes): The defence presents its argument to the tribunal and then answers questions from tribunal members.
3. Rebuttal by the prosecution (2 minutes): The prosecution has the opportunity to present to the tribunal its response to any points raised by the defence.
4. Rebuttal by the defence (2 minutes): The defence responds to the prosecution's rebuttal.
5. Closing Statements (2 minutes each): Each side provides a clear and persuasive summary of: the evidence it presented; the weaknesses of the other side's case; the application of the law to the case; and why it is entitled to the result it is seeking.
6. Deliberation and verdict of the tribunal: The tribunal recesses to deliberate their verdict and then returns to class to announce their decision and their reasons for it.
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