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Encyclopedia > International Military Tribunal for the Far East

The International Military Tribunal for the Far East (IMTFE), also known as the Tokyo Trials, the Tokyo War Crimes Tribunal or simply as the Tribunal, was convened to try the leaders of the Empire of Japan for three types of crimes: "Class A" (crimes against peace), "Class B" (war crimes), and "Class C" (crimes against humanity), committed during World War II. The first refers to their joint conspiracy to start and wage the war, and the latter two refer to atrocities including the Nanking Massacre. War crimes charges against more junior personnel were dealt with separately, in other cities throughout the Asia-Pacific region. Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... Anthem Kimi ga Yo Imperial Reign Capital Tokyo Government Constitutional monarchy Emperor  - 1868–1912 Emperor Meiji  - 1912–1926 Emperor Taishō  - 1926–1989 Emperor Shōwa Prime Minister (many other Prime Ministers preceded the below list)  - 1916–1918 Count Masatake Terauchi  - 1937-1939, 1940-1941 Prince Fumimaro Konoe  - 1941–1944 Hideki... A crime against peace, in international law, consists of illegally starting a war. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ... This article is in need of attention. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... For the 2007 documentary film about the Nanking Massacre, see Nanking (film). ... World map showing the location of Asia. ... For other meanings of Pacific, see Pacific (disambiguation). ...


The tribunal convened on May 3, 1946, and was adjourned on November 12, 1948. is the 123rd day of the year (124th in leap years) in the Gregorian calendar. ... Year 1946 (MCMXLVI) was a common year starting on Tuesday (link will display full 1946 calendar) of the Gregorian calendar. ... is the 316th day of the year (317th in leap years) in the Gregorian calendar. ... Year 1948 (MCMXLVIII) was a leap year starting on Thursday (link will display the 1948 calendar) of the Gregorian calendar. ...


Twenty-five Japanese military and political leaders were charged with Class A crimes, and more than 5,700 Japanese nationals were charged with Class B and C crimes, mostly over prisoner abuse. The crimes perpetrated by Japanese troops and authorities in the occupation of Korea and China, particularly Manchuria (Manchukuo), were not part of the proceeding. China held 13 tribunals of its own, resulting in 504 convictions and 149 executions. Korea (Korean: 한국 in South Korea or ì¡°ì„  in North Korea, see below) is a geographic area, civilization, and former state situated on the Korean Peninsula in East Asia. ... Flag Anthem National Anthem of Manchukuo Map of Manchukuo Capital Hsinking Government Constitutional monarchy Emperor  - 1932 - 1934 Datong (Chief Executive) (Aisingioro Puyi)  - 1934 - 1945 Kangde-Emperor (Aisingioro Puyi) Prime Minister  - 1932 - 1935 Zheng Xiaoxu  - 1935 - 1945 Zhang Jinghui Historical era World War II  - Established 1932  - Disestablished 1945 Manchukuo (1932–1945...


The Japanese Emperor Hirohito, and all members of the imperial family such as Prince Asaka, were not prosecuted for any alleged involvement in any of the three categories of crimes. As many as 50 suspects, such as Nobusuke Kishi, who later became Prime Minister, and Yoshisuke Aikawa, head of the zaibatsu Nissan, and future leader of the Chuseiren, were charged but released without ever being brought to trial in 1947 and 1948. Hirohito (裕仁), the Shōwa Emperor (昭和天皇), (April 29, 1901 - January 7, 1989) reigned over Japan from 1926 to 1989. ... Prince Asaka Yasuhiko, circa 1937 His Imperial Highness Prince Asaka (Yasuhiko) of Japan (jp: 朝香鳩彦 Asaka Yasuhiko, 2 October 1887 - 13 April 1981), Prince Asaka-no-miya (朝香宮) of Japan, was a member of the Japanese imperial family and a career army officer. ... Nobusuke Kishi Nobusuke Kishi (岸 信介 Kishi Nobusuke, November 13, 1896–August 7, 1987) was a Japanese politician and the 56th and 57th Prime Minister of Japan from February 25, 1957 to June 12, 1958 and from then to July 19, 1960. ... Yoshisuke Aikawa (or Gisuke Ayukawa) (鮎川 義介 Aikawa Yoshisuke, November 6, 1880 - February 13, 1967) was a Japanese businessman. ... Zaibatsu , lit. ... Nissan Motor Co. ...

President of the Tribunal, Sir William Webb, Justice of the High Court of Australia, presiding over the Tribunal in 1946.
President of the Tribunal, Sir William Webb, Justice of the High Court of Australia, presiding over the Tribunal in 1946.

Contents

Image File history File links IMTFE.jpg The International Military Tribunal for the Far East, 1946. ... Image File history File links IMTFE.jpg The International Military Tribunal for the Far East, 1946. ... Hon Sir William Flood Webb KBE (21 January 1887 – 11 August 1972), Australian judge, was a Justice of the High Court of Australia. ... High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ...

Creation of the court

The legal basis for the trial was established by the Charter of the International Military Tribunal for the Far East (CIMTFE) that was proclaimed on 19 January 1946. CIMTFE set down the laws and procedures by which the IMTFE trials were to be conducted, including the types of crimes. On 25 April 1946 in accordance with the provisions of Article 7 of the CIMTFE the original Rules of Procedure of the International Military Tribunal for the Far East with amendments were promulgated. [1][2][3] January 19 is the 19th day of the year in the Gregorian calendar. ... Year 1946 (MCMXLVI) was a common year starting on Tuesday (link will display full 1946 calendar) of the Gregorian calendar. ... is the 115th day of the year (116th in leap years) in the Gregorian calendar. ...


A panel of eleven judges presided over the IMTFE, one each from victorious Allied powers (United States, Soviet Union, United Kingdom, Republic of China, the Netherlands, Provisional Government of the French Republic, Australia, New Zealand, Canada, British India, and the Philippines). This article does not cite any references or sources. ... Anthem National Anthem of the Republic of China Capital (and largest city) Taipei1 Official languages Standard Mandarin (GuóyÇ”), Taiwanese, Aborigine Government Semi-presidential system  -  President Chen Shui-bian  -  Vice President Annette Lu  -  Premier Chang Chun-hsiung Establishment Xinhai Revolution   -  Independence declared October 10, 1911   -  Republic established January 1, 1912... The Provisional Government of the French Republic was an interim government which governed France from 1944 to 1946. ... Anthem God Save The Queen/King British India, circa 1860 Capital Calcutta (1858-1912), New Delhi (1912-1947) Language(s) Hindi, Urdu, English and many others Government Monarchy Emperor of India  - 1877-1901 Victoria  - 1901-1910 Edward VII  - 1910-1936 George V  - January-December 1936 Edward VIII  - 1936-1947 George...


Prosecutors

Country Prosecutor
Chief Prosecutor (USA) Joseph Keenan
Australia Justice Alan Mansfield
Canada Brigadier Henry Nolan
Republic of China Xiang Zhejun
Provisional Government of the French Republic Robert L. Oneto
British India P. Govinda Menon, who later became a judge of the Madras High Court and later, in the Supreme Court of India.
Netherlands W.G. Frederick Borgerhoff-Mulder
New Zealand Brigadier Ronald Quilliam
Philippines Pedro Lopez
UK Arthur Comyns-Carr
USSR Minister S.A. Golunsky

Joseph B. Keenan (1896-1984) was a United States political figure. ... Sir Alan James Mansfield KCMG, KCVO, was Governor of Queensland, Australia between 1966 and 1972. ... Brigadier (IPA pronunciation: ) is a military rank, the meaning of which has a considerable variation. ... The Honourable Henry Grattan Nolan (May 5, 1893 – July 8, 1957) was a Canadian lawyer and jurist. ... Xiang Zhejun (向哲浚, 1892—1987), native of Ningxiang country in Hunan province. ... The Madras High Court, one of the landmarks of the metropolis of Chennai, and believed to be the second largest judicial complex in the world, is located near the Parrys Corner, one of the important central business districts of Chennai. ... The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. ... Brigadier (IPA pronunciation: ) is a military rank, the meaning of which has a considerable variation. ... A Minister is a true diplomat (not merely consular) accredited by one sovereign state to another who ranks below an ambassador. ...

Judges

Country Judge Remarks
Australia Sir William Webb Justice of the High Court of Australia; was the President of the Tribunal; delivered a separate opinion
Canada Edward Stuart McDougall Former Judge of the High Court of Canada King's Bench Appeal Side
Republic of China Major-General Mei Ju-ao Attorney and Member, Legislative Yuan
Provisional Government of the French Republic Henri Bernard Avocat-General (Solicitor-General) at Bangui; Chief Prosecutor, First Military Tribunal in Paris; delivered a dissenting opinion
India Radhabinod Pal Lecturer, University of Calcutta Law College; Judge of the Calcutta High Court; delivered a dissenting opinion.
Netherlands Professor Bert Röling Professor of Law, Utrecht University; delivered a dissenting opinion
New Zealand Harvey Northcroft Judge Advocate General of New Zealand
Philippines Colonel Delfin Jaranilla Attorney General, High Court Member; delivered a separate opinion
UK Hon Lord Patrick Judge (Scottish), Senator of the College of Justice
USA John P. Higgins Chief Justice, Massachusetts Superior Court
Major-General Cramer Replaced Judge Higgins in July 1946
USSR Major-General I.M. Zarayanov Member, Military Collegium of the Supreme Court

Hon Sir William Flood Webb KBE (21 January 1887 – 11 August 1972), Australian judge, was a Justice of the High Court of Australia. ... High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ... Major General or Major-General is a military rank used in many countries. ... Mei Ju-ao(Chinese:梅汝璈, 1904-1973) was the Chinese member of the judges in the International Military Tribunal for the Far Easts trials of Japanese war crimes committed during the second World War. ... Monument honouring Radhabinod Pal, at Tokyos Yasukuni war shrine, Japan Justice Radhabinod Pal (27 January 1886 – 10 January 1967) was an Indian jurist. ... Formally established on the 24 January 1857, the University of Calcutta (also known as Calcutta University) (Bengali: কলকাতা বিশ্ববিদ্যালয়), located in the city of Kolkata (previously Calcutta), India, is the first modern university in the Indian subcontinent. ... The Calcutta High Court is the oldest High Court in India. ... The meaning of the word professor (Latin: one who claims publicly to be an expert) varies. ... Utrecht University (Universiteit Utrecht in Dutch) is a university in Utrecht, The Netherlands. ... This article is in reference to the U.S. JAG Corps. ... This article or section needs copy editing for grammar, style, cohesion, tone and/or spelling. ... The prefix The Honourable or The Honorable ( or formerly The Honble) is a title of quality attached to the names of certain classes of persons. ... The Senators of the College of Justice, also known as the Lords of Council and Session and as the Lords Commissioners of Justiciary, are the judges of the Court of Session and of the High Court of Justiciary in Scotland. ... John Patrick Higgins (19 Feb 1893-2 Aug 1955) was a U.S. Representative from Massachusetts. ... Official language(s) English Capital Boston Largest city Boston Area  Ranked 44th  - Total 10,555 sq mi (27,360 km²)  - Width 183 miles (295 km)  - Length 113 miles (182 km)  - % water 13. ... In law, and more specifically, in the Anglo-American common law legal tradition, a superior court is a court of general jurisdiction over all, or major, civil and criminal cases. ... Major General or Major-General is a military rank used in many countries. ... Major General or Major-General is a military rank used in many countries. ...

Charges

Count Offense
1 As leaders, organisers, instigators, or accomplices in the formulation or execution of a common plan or conspiracy to wage wars of aggression, and war or wars in violation of international law.
27 Waging unprovoked war against China.
29 Waging aggressive war against the United States.
31 Waging aggressive war against the British Commonwealth.
32 Waging aggressive war against the Netherlands.
33 Waging aggressive war against France (Indochina).
35,36 Waging aggressive war against the USSR.
54 Ordered, authorised, and permitted inhumane treatment of Prisoners of War (POWs) and others.
55 Deliberately and recklessly disregarded their duty to take adequate steps to prevent atrocities.

Sentences

Wide view of the Tribunal, depicting the bench of judges in the background, and prisoners on trial in the right foreground.
Wide view of the Tribunal, depicting the bench of judges in the background, and prisoners on trial in the right foreground.

There were 28 defendants tried, mostly military and political leaders. Two defendants (Matsuoka Yosuke and Nagano Osami) died of natural causes during the trial. Okawa Shumei had a nervous breakdown during the trial and was removed. One of the erratic things he did was, hitting the bald head of the former prime minister Hideki Tojo, shouting "Inder! Kommen Sie!" (Come, Indian!) in German, and the list goes on. Therefore, the preciding judge Sir William Webb (The President of the tribunal) concluded that he was mentally ill and dropped the case against him. From the beginning of the tribunal, he was saying that the court is a farce and not even worthy of calling it a legal court. Therefore, some people still believe that he was faking his madness in order to be released. Image File history File links IMTFE2. ... Image File history File links IMTFE2. ... Yosuke Matsuoka Yosuke Matsuoka (松岡 洋右 Matsuoka Yōsuke 1880 – 1946) was an influential Japanese Foreign Minister during World War II. Born in Japan in 1880, Yosuke Matsuoka traveled to the United States while a teenager and eventually studied law at the University of Oregon, from... Categories: People stubs | Japanese military leaders | 1880 births | 1947 deaths | Admirals | Imperial Japanese Navy admirals | Imperial Japanese Navy | Japanese World War II people ... ÅŒkawa ShÅ«mei was a Japanese ultra nationalist and Pan-Asian writer born December 6, 1886, Yamagata Prefecture, Japan and died December 24, 1957, Tokyo. ... Hideki Tojo (KyÅ«jitai: 東條 英機; Shinjitai: 東条 英機;  ) (December 30, 1884 – December 23, 1948) was a General in the Imperial Japanese Army and the 40th Prime Minister of Japan during much of World War II, from October 18, 1941 to July 22, 1944. ... Hon Sir William Flood Webb KBE (21 January 1887 – 11 August 1972), Australian judge, was a Justice of the High Court of Australia. ...



Seven others were sentenced to death by hanging for crimes against peace, war crimes and crimes against humanity. They were executed at Sugamo Prison in Ikebukuro on December 23, 1948: Hanging is the suspension of a person by a ligature, usually a cord wrapped around the neck, causing death. ... A crime against peace, in international law, consists of starting or waging a war against the territorial integrity, political independence or sovereignty of a state, or in violation of international treaties, agreements or (legally binding) assurances. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ... This article is in need of attention. ... Sugamo Prison (Sugamo Kōchi-sho,Kyūjitai:巢鴨拘置所,Shinjitai:巣鴨拘置所) was built in the 1920s for political prisoners, using the prisons of Europe as a model. ... Ikebukuro Ikebukuro at night Ikebukuro at night Ikebukuro (池袋), a part of Toshima ward, is a large commercial and entertainment district of Tokyo, Japan. ... December 23 is the 357th day of the year (358th in leap years) in the Gregorian calendar. ... Year 1948 (MCMXLVIII) was a leap year starting on Thursday (link will display the 1948 calendar) of the Gregorian calendar. ...

  • General Doihara Kenji, spy (later Air Force commander)
  • Baron Hirota Koki, foreign minister
  • General Itagaki Seishiro, war minister
  • General Kimura Heitaro, commander, Burma Expeditionary Force
  • General Matsui Iwane, commander, Shanghai Expeditionary Force and Central China Area Army
  • General Muto Akira, commander, Philippines Expeditionary Force
  • General Tojo Hideki, commander, Kwantung Army (later prime minister)

Sixteen more were sentenced to life imprisonment. Three (Koiso, Shiratori, and Umezu) died in prison, while the other thirteen were paroled in 1955: Kenji Doihara (土肥原 賢二 Doihara Kenji, 1883 - December 23, 1948) was a Japanese spy who served in northeastern China since 1913. ... Koki Hirota (広田 弘毅 Hirota Kōki, February 14, 1878–December 23, 1948) was a Japanese politician and the 32nd Prime Minister of Japan from March 9, 1936 to February 2, 1937. ... Col. ... Hyotaro Kimura (Kimura Hyōtarō, sometimes spelled Kimura Heitaro) was a Japanese army officer who played a major, although comparatively little-known role in Japanese planning and policy before and during World War 2. ... Gen. ... Akira Muto was born in Japan in 1883. ... Hideki Tojo Hideki Tojo (東條 英機 Tōjō Hideki) (December 30, 1884–December 23, 1948) was a Japanese general and the 27th Prime Minister of Japan during much of World War II, from October 18, 1941 to July 22, 1944. ... It has been suggested that Medical parole be merged into this article or section. ... Year 1955 (MCMLV) was a common year starting on Saturday (link displays the 1955 Gregorian calendar). ...

Two defendants received finite sentences. Foreign minister Togo Shigenori was sentenced to 20 years imprisonment and died in prison in 1949. Foreign minister Shigemitsu Mamoru was sentenced to 7 years but was paroled in 1950 and went on to serve as foreign minister again in Prime Minister Ichirō Hatoyama's cabinet. This article needs to be cleaned up to conform to a higher standard of quality. ... This article is in need of attention. ... Combatants China Japan Commanders Chiang Kai-shek, Chen Cheng, Yan Xishan, Feng Yuxiang, Li Zongren, Xue Yue, Bai Chongxi, Mao Zedong, Peng Dehuai Hirohito, Hideki Tojo, Kotohito Kanin, Matsui Iwane, Hajime Sugiyama, Shunroku Hata, Toshizo Nishio, Yasuji Okamura, Umezu Yoshijiro, Fumimaro Konoe Strength 58,600,000 4,100,000... Hata Shuroku (born 1879 - died 1962), was a Japanese General during World War II. He entered the Imperial Japanese Army in 1888. ... Kiichiro Hiranuma (平沼 騏一郎 Hiranuma Kiichirō, September 28, 1867–August 22, 1952) was a Japanese politician and the 35th Prime Minister of Japan from January 5, 1939 to August 30, 1939. ... Naoki Hoshino , 1892-04-10–1978-01-26) was a militarist and right-wing ideologist who served in the Japanese Army in creating the Empire of Manchoukou and served during the Konoye Cabinet period. ... Marquis Koichi Kido ) (July 18, 1889 – April 6, 1977), served as Lord Keeper of the Privy Seal from 1940 to 1945, and was the closest advisor to Emperor Showa throughout World War II. Kido Kōichi was the grandson of Kido Takayoshi, one of the leaders of the Meiji Restoration. ... The Lord Keeper of the Privy Seal of Japan ) was an administrative post not of cabinet rank in the government of the Empire of Japan. ... Kuniaki Koiso Kuniaki Koiso (小磯 国昭 Koiso Kuniaki, March 22, 1880–November 3, 1950) was the 41st Prime Minister of Japan from July 22, 1944 to April 7, 1945. ... Jiro Minami ), (10 August 1874 – 5 December 1955) was a general in the Imperial Japanese Army and Governor-General of Korea between 1936 and 1942. ... Baron Hiroshi Oshima (男爵 大島 ひろし Danshaku ÅŒshima Hiroshi) (1886 - 1975) was the Japanese ambassador to Nazi Germany during World War II — and unknowingly a major source of communications intelligence for the Allies. ... Shigetaro Shimada Shigetaro Shimada (嶋田繁太郎 Shimada Shigetaro) (1883 – 1976) was one of the leading members of the Imperial Japanese Navy during World War II. A graduate of Japan’s Naval Academy, Shimada rose through the ranks of the Imperial Japanese Navy and eventually became... This article or section does not cite its references or sources. ... General Yoshijiro Umezu (梅酢芳次郎 Umezu Yoshijirō, 1882-1949) was the chief commander of the Japanese army in World War II. Along with War Minister Korechika Anami and Soemu Toyoda, Chief of Staff of the Navy, Umezu opposed surrender in August of 1945; he believed that... Shigenori Togo Shigenori Togo (東郷茂徳 Tōgō Shigenori, 10 December 1882 - 23 July 1950) was Minister of Foreign Affairs for Japan at both the start and the end of World War II. He also served as Minister for Colonization in 1941, and assumed the same position, renamed the Minister for Greater... 1949 (MCMXLIX) was a common year starting on Saturday (the link is to a full 1949 calendar). ... Mamoru Shigemitsu (重光 葵, 1887 - June 27, 1957) was the Japanese Minister of Foreign affairs at the end of World War II. He, along with Yoshijiro Umezu, signed the instrument of surrender on September 2, 1945. ... Year 1950 (MCML) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar. ... Ichiro Hatoyama Ichirō Hatoyama (鳩山 一郎 Hatoyama Ichirō, born January 1, 1883 in Tokyo, died March 7, 1959) was a Japanese politician and the 52nd, 53rd and 54th Prime Minister of Japan, serving terms from December 10, 1954 to March 19, 1955, from then to November 22, 1955, and from then to...

Sadao Araki, minister of the Army, minister of Education and one of the main thinkers of the Showa regime.
Sadao Araki, minister of the Army, minister of Education and one of the main thinkers of the Showa regime.

Image File history File links Size of this preview: 366 × 599 pixelsFull resolution (725 × 1186 pixel, file size: 276 KB, MIME type: image/jpeg) File historyClick on a date/time to view the file as it appeared at that time. ... Image File history File links Size of this preview: 366 × 599 pixelsFull resolution (725 × 1186 pixel, file size: 276 KB, MIME type: image/jpeg) File historyClick on a date/time to view the file as it appeared at that time. ... This article needs to be cleaned up to conform to a higher standard of quality. ... This article needs to be cleaned up to conform to a higher standard of quality. ...

Subsidiary and related trials

According to Japanese tabulation, 5,700 Japanese individuals were indicted for Class B and Class C war crimes. Of this number, 984 were initially condemned to death; 475 received life sentences; 2,944 were given more limited prison terms; 1,018 were acquitted and 279 were never brought to trial or not sentenced. The number of death sentences by country is the following : Holland 236, Great Britain 223, Australia 153, China 149, USA 140 France 26 and Philippines 17. [4]


The Khabarovsk War Crime Trials held by the Soviets tried and found guilty some members of Japan's bacteriological and chemical warfare unit (Unit 731). However those who surrendered to the Americans were never brought to trial as General Douglas MacArthur, Supreme Commander of the Allied Powers, secretly granted immunity to the physicians of Unit 731 in exchange for providing America with their research on biological weapons. Khabarovsk War Crime Trials - Wikipedia /**/ @import /skins/monobook/IE50Fixes. ... Body disposal at Unit 731 Unit 731 was a covert biological warfare research and development unit of the Imperial Japanese Army that undertook lethal human experimentation during the Second Sino-Japanese War (1937-1945) and World War II. It was responsible for some of the most notorious war crimes carried... General of the Army Douglas MacArthur KCB (January 26, 1880 – April 5, 1964), was an American general and Field Marshal of the Philippines Army. ... Supreme Commander of the Allied Powers (SCAP) was the title for Douglas MacArthur during the Occupation of Japan following WWII. The title did belong to Dwight David Eisenhower during WWII, however, he had nothing to do with the attacks on Japan. ... Biological Weapons: Friend or Foe? By Dom Harris There is great debate about whether biological weapons are good or bad, and whether the world should be concerned about their development. ...


In 1981, the Bulletin of the Atomic Scientists published an article by John W. Powell detailing Unit 731 experiments and germ warfare open-air tests on civilian populations. It was printed with a statement by judge B. V. A. Röling, the last surviving member of the Tokyo Tribunal. Röling wrote that "As one of the judges in the International Military Tribunal, it is a bitter experience for me to be informed now that centrally ordered Japanese war criminality of the most disgusting kind was kept secret from the Court by the U.S. government." [5]


Criticism

The IMTFE shared many of the same criticisms as the Nuremberg Trials, including the ex post facto nature of the IMTFE. The critics are divided between those who argue that the trial was the victor's justice and those for whom the trial was essentially a legal procedure to exonerate the imperial family from criminal responsibility. The Süddeutsche Zeitung announces The Verdict in Nuremberg. ... An ex post facto law (Latin for from a thing done afterward), also known as a retrospective law, is a law that is retroactive, i. ...


It is also argued by some, such as Solis Horowitz, that IMTFE had an American bias, because unlike the Nuremberg Trials, there was only a single prosecution team, which was led by Joseph B. Keenan, an American, although the members of the tribunal represented eleven different Allied countries. [6] The Nuremberg Trials is the general name for two sets of trials of Nazis involved in World War II and the Holocaust. ... Joseph Berry Keenan (1888-1954) was a United States political figure. ...


The IMTFE had less official support than the Nuremberg Trials. For example, Chief Prosecutor Joe Keenan, a former US assistant attorney general, had a much lower position than Nuremberg's Robert H. Jackson, a justice of the Supreme Court of the United States. The Nuremberg Trials is the general name for two sets of trials of Nazis involved in World War II and the Holocaust. ... Robert Houghwout Jackson (February 13, 1892–October 9, 1954) was United States Attorney General (1940–1941) and an Associate Justice of the United States Supreme Court (1941–1954). ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries  Atlas  Politics Portal      The Supreme Court of the United States (sometimes colloquially referred to by the acronym...


Victor's justice


Justice Radhabinod Pal, the Indian justice at the IMTFE, argued in his dissenting opinion that Japan was innocent. He wrote, "If Japan is judged, the Allies should also be judged equally." However, his opinion was not shared by the majority of the justices at Tokyo. It must be noted that Pal supported the Japanese-backed Indian National Army and genuinely believed Japan's claim that the war was to "liberate" Asian peoples.[7] Monument honouring Radhabinod Pal, at Tokyos Yasukuni war shrine, Japan Justice Radhabinod Pal (27 January 1886 – 10 January 1967) was an Indian jurist. ... The Indian National Army (I.N.A) or Azad Hind Fauj was the army of the Arzi Hukumat-e-Azad Hind (The Provisional Government of Free India ) which fought along with the Japanese 15th Army during the Japanese Campaign in Burma, and in the Battle of Imphal, during the Second...


On the other hand, it is worth to referring to the Potsdam Declaration which the major Allies gave consent to and had clear intention to shorten the war period. The Allies did not want more bloodshed after Germany was defeated. They agreed to the term "the unconditional surrender of Japanese Armed Force", not the surrender of the Government of Japan. In this sense Japan did not surrender unconditionally, and the Japanese nation did not suffer the debellation which the Third Reich did[8]. Debellatio (also debellation) (lat. ... Nazi Germany, or the Third Reich, commonly refers to Germany in the years 1933–1945, when it was under the firm control of the totalitarian and fascist ideology of the Nazi Party, with the Führer Adolf Hitler as dictator. ...


The restriction of trial and punishment by the IMTFE to personnel of Japan has led to accusations of victor's justice and that Allied war crimes could not be tried. However it is usual that the armed forces of a civilised country [9] issue their forces with detailed guidance on what is and is not permitted under their military code. These are drafted to include any international treaty obligations and the customary laws of war. If a member of the armed forces breaks their own military code they can expect to face a court martial. When members of the Allied armed forces broke their military codes they could be and were tried, for example the Biscari Massacre trials. The unconditional surrender of the Axis powers was unusual and led directly to the formation of the international tribunals. Usually international wars end conditionally and the treatment of suspected war criminals makes up part of the peace treaty. In most cases those who are not prisoners of war are tried under their own judicial system if they are suspected of committing war crimes – as happened at the end of the concurrent Continuation War and led to the war-responsibility trials in Finland. In restricting the international tribunal to trying suspected Axis war crimes, the Allies were acting within normal international law. The label victors justice (in German, Siegerjustiz) is applied by advocates to a situation in which they believe that a victorious nation is applying different rules to judge what is right or wrong for their own forces and for those of the (former) enemy. ... The Biscari massacre was a war crime committed by U.S. troops during World War II, where unarmed German and Italian prisoners of war were supposedly killed at Biscari in 1943. ... Unconditional surrender refers to a surrender without conditions, except for those provided by international law. ... Combatants  Finland Germany  Soviet Union Commanders C.G.E. Mannerheim Kirill Meretskov Leonid Govorov Strength 530,000 Finns[1] 220,000 Germans 900,000–1,500,000[2] Casualties 58,715 dead or missing 158,000 wounded 1,500 civilian dead[3] 200,000 dead or missing 385,000 wounded... The war-responsibility trials in Finland (Finnish: ) was a trial of the Finnish wartime leaders held responsible for the starting or continuation of the war of aggression against the Soviet Union during the Continuation War, 1941-1944. ...


A procedure to exonerate the imperial family

Hirohito and imperial stallion Sirayuki
Hirohito and imperial stallion Sirayuki

Many historians criticize the work made by Douglas MacArthur and his staff to exonerate Emperor Showa and all members of the imperial family implicated in the war such as prince Chichibu, prince Takeda, prince Asaka, prince Higashikuni and prince Hiroyasu Fushimi [10]. Image File history File links No higher resolution available. ... Image File history File links No higher resolution available. ... Emperor Shōwa ) (April 29, 1901 – January 7, 1989) was the 124th emperor of Japan according to the traditional order of succession, reigning from December 25, 1926 until his death in 1989. ... General of the Army Douglas MacArthur KCB (January 26, 1880 – April 5, 1964), was an American general and Field Marshal of the Philippines Army. ... Hirohito (裕仁), the Shōwa Emperor (昭和天皇), (April 29, 1901 - January 7, 1989) reigned over Japan from 1926 to 1989. ... His Imperial Highness Prince Chichibu (Yasuhito) of Japan (25 June 1902 - 4 January 1953) (jp: 秩父宮 雍仁, Chichibu no miya Yasuhito Shinnō), also known as Prince Yasuhito, was the second son of the Taisho Emperor and a younger brother of the Emperor Shōwa. ... The ōke (王家), literally Prince Houses, were branches of the Imperial Family formed from branches of the Fushimi-no-miya house. ... Prince Asaka Yasuhiko, circa 1937 His Imperial Highness Prince Asaka (Yasuhiko) of Japan (jp: 朝香鳩彦 Asaka Yasuhiko, 2 October 1887 - 13 April 1981), Prince Asaka-no-miya (朝香宮) of Japan, was a member of the Japanese imperial family and a career army officer. ... Prince Higashikuni Prince Higashikuni (Naruhiko) of Japan (東久邇 稔彦 Higashikuni Naruhiko, also Higashikuni no miya Naruhiko ō (東久邇宮 稔彦王)) (3 December 1887 – 26 January 1990) was the 43rd Prime Minister of Japan from 17 August 1945 to 9 October 1945, a period of 54 days. ... Prince Fushimi Hiroyasu ) (16 October 1875 - 16 August 1946) was a scion of the Japanese imperial family and was a career naval officer who served as chief of staff of the Imperial Japanese Navy from 1932 to 1940. ...


As soon as 26 November 1945, Mac Arthur comfirmed to admiral Mitsumasa Yonai that the emperor's abdication would not be necessary. [11] Before the war crimes trials actually convened, SCAP, the IPS and shôwa officials worked behind the scenes not only to prevent the imperial family being indicted, but also to slant the testimony of the defendants to ensure that no one implicated the Emperor. High officials in court circles and the shôwa government collaborated with allied GHQ in compiling lists of prospective war criminals, while the individuals arrested as Class A suspects and incarcerated in Sugamo prison solemnly vowed to protect their sovereign against any possible taint of war responsibility. [12] Mitsumasa Yonai (米内 光政 Yonai Mitsumasa; March 2, 1880–April 20, 1948) was a Japanese politician and the 37th Prime Minister of Japan from January 16, 1940 to July 22, 1940. ... Sugamo Prison (巣鴨拘置所) was built in the 1920s for political prisoners, using the prisons of Europe as a model. ...


According to Herbert Bix, Brigadier General Bonner Fellers "immediately on landing in Japan went to work to protect Hirohito from the role he had played during and at the end of the war" and "allowed the major criminal suspects to coordinate their stories so that the Emperor would be spared from indictment." [13] Bonner Frank Fellers (1896 - 1973), during World War II, was a Colonel who served as the USA military attaché to Cairo, Egypt. ...


Bix also argue that "Mac Arthur's truly extraordinary measures to save Hirohito from trial as a war criminal had a lasting and profoundly distorting impact on Japanese understanding of the lost war" and "months before the Tokyo tribunal commenced, Mac Arthur highest subordinates were working to attribute ultimate responsibility for Pearl Harbor to Hideki Tojo." [14] According to the written report of Shûichi Mizota, the interpreter of admiral Mitsumasa Yonai, Fellers met the two men at his office on March 6 1946 and told Yonai that : "it would be most convenient if the Japanese side could prove to us that the Emperor is completely blameless. I think the forthcoming trials offer the best opportunity to do that. Tôjô, in particular, should be made to bear all responsibility at this trial. [15] Emperor Shōwa ) (April 29, 1901 – January 7, 1989) was the 124th emperor of Japan according to the traditional order of succession, reigning from December 25, 1926 until his death in 1989. ... Hideki Tojo (KyÅ«jitai: 東條 英機; Shinjitai: 東条 英機;  ) (December 30, 1884 – December 23, 1948) was a General in the Imperial Japanese Army and the 40th Prime Minister of Japan during much of World War II, from October 18, 1941 to July 22, 1944. ... Mitsumasa Yonai (米内 光政 Yonai Mitsumasa; March 2, 1880–April 20, 1948) was a Japanese politician and the 37th Prime Minister of Japan from January 16, 1940 to July 22, 1940. ...


For John Dower, "This successful campaign to absolve the Emperor of war responsibility knew no bounds. Hirohito was not merely presented as being innocent of any formal acts that might make him culpable to indictment as a war criminal. He was turned into an almost saintly figure who did not even bear moral responsibility for the war", "With the full support of Mac Arthur's headquarters, the prosecution functionned, in effect, as a defense team for the emperor." [16] and "Even Japanese activists who endorse the ideals of the Nuremberg and Tokyo charters, and who have labored to document and publicize the atrocities of the shôwa regime, cannot defend the American decision to exonerate the emperor of war responsibility and then, in the chill of the Cold war, release and soon afterwards openly embrace accused right-winged war criminals like the later prime minister Nobusuke Kishi. [17] Nobusuke Kishi Nobusuke Kishi (岸 信介 Kishi Nobusuke, November 13, 1896–August 7, 1987) was a Japanese politician and the 56th and 57th Prime Minister of Japan from February 25, 1957 to June 12, 1958 and from then to July 19, 1960. ...


Three judges wrote an obiter dictum about the criminal responsibility of Hirohito. Judge in chief Webb declared that "No ruler can commit the crime of launching aggressive war and then validly claim to be excused for doing so because his life would otherwise have been in danger...It will remain that the men who advised the commission of a crime, if it be one, are in no worse position than the man who directs the crime be committed." [18] Obiter Dictum is a remark or observation made by a judge while issuing a ruling. ...


Judge Henri Bernard of France concluded that Japan's declaration of war "had a principal author who escaped all prosecution and of whom in any case the present Defendants could only be considered as accomplices."[19]


For judge B. V. A. Röling however, nothing objectable could be found in the Emperor's immunity and five defendants, Kido, Hata, Hirota, Shigemitsu and Tôgô should have been acquitted.


60th anniversary

In a survey of 3,000 Japanese conducted in 2006 by Asahi News as the 60th anniversary approached, 70% of those questioned were unaware of the details of the trials, a figure that rose to 90% for those in the 20-29 age group. Some 76% of the people polled, however, recognized a certain degree of aggression on Japan's part during the war, while only 7% believed it was a war strictly for self-defense. [1] Year 2006 (MMVI) was a common year starting on Sunday (link displays full 2006 calendar) of the Gregorian calendar. ...


See also

Peace Palace in The Hague Command responsibility, sometimes referred to as the Yamashita standard, or the Medina standard is the doctrine of hierarchical accountability in cases of war crimes. ... Japanese war crimes occurred during the period of Japanese imperialism. ... The Süddeutsche Zeitung announces The Verdict in Nuremberg. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ...

References

Movie adaptation

In 2006, Chinese director Gao Qunshu made a movie about the trial [[2]], [[3]]


Further reading

  • Bass, Gary Jonathan. Stay the Hand of Vengeance: The Politics of War Crimes Trials. Princeton, NJ: Princeton University Press, 2000.
  • Bix, Herbert. Hirohito and the Making of Modern Japan. New York: HarperCollins, 2000.
  • Brackman, Arnold C. The Other Nuremberg: the Untold Story of the Tokyo War Crimes Trial. New York: William Morrow and Company, 1987.
  • Dower, John W. Embracing Defeat: Japan in the Wake of World War II. New York: New Press, 1999.
  • Horowitz, Solis. "The Tokyo Trial" International Conciliation 465 (Nov 1950), 473-584.
  • International Military Tribunal for the Far East. Judgment: International Military Tribunal for the Far East. Retrieved on 2006-03-29.
  • Maga, Timothy P. (2001). Judgment at Tokyo: The Japanese War Crimes Trials. University Press of Kentucky. ISBN 0-8131-2177-9. 
  • Minear, Richard H. Victor's Justice: the Tokyo War Crimes Trial. Princeton, NJ: Princeton University Press, 1971.
  • Sherman, Christine (2001). War Crimes: International Military Tribunal. Turner Publishing Company. ISBN 1563117282. 
  • Wu Tianwei The Failure of the Tokyo Trial
  • The Postwar Judgement: I. International Military Tribunal for the Far East - Summary and some pictures from the United States National Archives
  • Stephen Stratford. Stephen's Study Room: British Military & Criminal History in the period 1900 to 1999: IMTFE

Year 2006 (MMVI) was a common year starting on Sunday (link displays full 2006 calendar) of the Gregorian calendar. ... is the 88th day of the year (89th in leap years) in the Gregorian calendar. ...

Footnotes

  1. ^ Charter of the International Military Tribunal for the Far East
  2. ^ Within documents relating to the IMTFE it is also referred to as the Charter
  3. ^ Rules of Procedure of the International Military Tribunal for the Far East 25 April 1946
  4. ^ John Dower, Embracing defeat, 1999, p.447
  5. ^ Daniel Barenblatt, A plague upon humanity, Harper Collins, 2004, p.222.
  6. ^ Horowitz, Solis. (1950). "The Tokio Trial". International Conciliation 465 (Nov): 473-584. 
  7. ^ Timothy Brook, "The Tokyo Judgment and the Rape of Nanking", The Journal of Asian Studies, Vol. 60, No.3 (Aug, 2001), pp. 673-700
  8. ^ ICRC Commentaries on the Convention (III) relative to the Treatment of Prisoners of War Article 5 "The German capitulation was both political, involving the dissolution of the Government, and military, whereas the Japanese capitulation was only military".
  9. ^ Judgement : The Law Relating to War Crimes and Crimes Against Humanity contained in the Avalon Project archive at Yale Law School. "but by 1939 these rules laid down in the [Hague] Convention [of 1907] were recognised by all civilised nations, and were regarded as being declaratory of the laws and customs of war"
  10. ^ John Dower, Embracing defeat, 1999, Herbert Bix, Hirohito and the making of modern Japan, 2000
  11. ^ Dower, ibid. p.323
  12. ^ Dower, ibid. p.325
  13. ^ Bix, ibid., p.583
  14. ^ Bix, ibid. p585
  15. ^ Kumao Toyoda, Sensô saiban yoroku, Taiseisha Kabushiki Kaisha, 1986, p.170-172, Bix, ibid. p.584.
  16. ^ Dower, ibid., p.326
  17. ^ Dower, ibid. p.562
  18. ^ Röling and Ruter, The Tokyo judgement : The International Military Tribunal for the Far East, 29 April 1946-12 November 1948, volume 1, p.478
  19. ^ ibid. p.496

  Results from FactBites:
 
International Military Tribunal for the Far East - Wikipedia, the free encyclopedia (1642 words)
The tribunal convened on May 3, 1946, and was adjourned on November 12, 1948.
The legal basis for the trial was established by the Charter of the International Military Tribunal for the Far East (CIMTFE) that was proclaimed on 19 January 1946.
On 25 April 1946 in accordance with the provisions of Article 7 of the CIMTFE the original Rules of Procedure of the International Military Tribunal for the Far East with amendments were promulgated.
The Avalon Project : Charter of the International Military Tribunal for the Far East (1618 words)
The International Military Tribunal for the Far East is hereby established for the just and prompt trial and punishment of the major war criminals in the Far East.
All motions, applications, or other requests addressed to the Tribunal prior to the commencement of trial shall be made in writing and filed with the General Secretary of the Tribunal for action by the Tribunal.
The Tribunal shall neither require proof, of facts of common knowledge, nor of the authenticity of official j government documents and reports of any nation nor of the proceedings, records, and findings of military or other agencies of any of the United Nations.
  More results at FactBites »

 
 

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