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"To begin with, the Kanto War Crimes Tribunal is a SPECIAL military court established by the order of the colonial government. The system and procedures may therefore deviate from what you see on TV in RL. Still, the judges are independent from any kind of political pressure, allowing them to make their judgement independently. Moreover, the judges are asked NOT to show any prejudice to the defendants. The defendants have to represent themselves unless they have found a legal representation before applying to the court." --- William Choi
{Source:Kanto War Crimes Tribunal Day 1; Commentary}


Response

"SPECIAL" it may be, but is it not normally a given that any tribunal should provide a significant level of explanation as to how it shall function? And by this I do not reference anything I saw on "TV" but rather the governing statutes that have been behind modern tribunals ranging from the Nuremberg Trials to the International Criminal Tribunal for Rwanda to the Special Tribunal for Lebanon.

To be fair, I do concede that all of these examples are still quite sadly based in "RL", even if not "RL TV", and so I suppose they may not be directly applicable to erep.

Nevertheless, I would think that having such a foundation and framework would help provide this tribunal with at least the semblance, if not the substance, of a true court. It would do much towards convincing me that this is more than a mere kangaroo court.

I don't believe that this being "SPECIAL" excuses the utter lack of disclosure on the part of the prosecution. Despite what fashionistas may say, this isn't a case where "less is more". Aside from the limited time for preparation (which I can almost excuse given the pace of this game), one can rarely come up with any substantial defence when one doesn't know what evidence has been brought against oneself (let alone when the exact nature of the charges one faces is also a mystery). Such is the case with certain terrorism related cases within the last decade or so. As this tribunal so far seems to be emulating them in that respect, I do assure you that they are not exactly the gold standard for acceptable legal procedure.

Lastly, while you assure me that the judges have been asked to not show any prejudice, and supposing that they do their utmost to carry out their duties fairly, I still can't help but doubt their impartiality. Impartiality arises not only from political pressures. The prejudices each of us hold result from all manner of things and are rarely if ever totally suppressed; they will influence our actions one way or another. Coupled with the fact that these judges are on the whole, South Korean citizens, I very much question how impartial any of their resulting judgments may be.

All in all, I still maintain the opinion that the inappropriate way this tribunal has been set up results in an inexcusably heavy disadvantage on the part of the accused. If it will indeed conduct itself in accordance to the limited procedures you have so far divulged, I cannot help but come to the conclusion that this will be show trial; a mockery of the law under the façade of justice.


PS: Since you mention it, I still have yet to be convinced of the legitimacy of this "colonial government", having seen not one iota of official support from the current government of South Korea, which I would assume would be the political master of the supposed colony. This though, is another matter entirely. Please, excuse these stray thoughts of mine.


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Laurana "Psi"
15/05/2010
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This article is the continuation of a conversation arising from another article. Due to the length of the reply it has been published here for easier reading. To follow it from its beginning, please go here.
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