Adjudica(ng War Crimes
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1 Adjudica(ng War Crimes (1) IMTFE: Charter and Indictment (2) The Judgment: Matsui Iwane and Hirota Koki (3) The dissen(ng opinion of Radhabinod Pal (4) Some ques(ons
2 Potsdam Conference, July 17-August 2,1945 Winston Churchill, Harry Truman, Joseph Stalin Clement ATlee, Harry Truman, Joseph Stalin
3 with US General Douglas MacArthur Emperor Hirohito
4 Interna(onal Military Tribunal for the Far East: Indictment Counts 1-36: crimes against peace, including conspiracy a common plan or conspiracy to wage wars of aggression waged unprovoked war against China 29. against the US 31. against the Bri(sh Commonwealth 32. against the Netherlands 33. against France 35, 36. against the USSR Counts 37-52: murder and conspiracy to murder Counts 53-55: conven(onal war crimes and crimes against humanity 54. ordered, authorized, and permited 55. deliberately and recklessly disregarded their duty... to prevent atroci(es
5 IMTFE Indictment Count on the 12th December, 1937, and succeeding days, by unlawfully ordering, causing and permi`ng the armed forces of Japan to atack the City of Nanking in breach of the Treaty Ar(cles men(oned in Count 2 hereof and to slaughter the inhabitants contrary to interna(onal law, unlawfully killed and murdered many thousands of civilians and disarmed soldiers of the Republic of China, whose names and number are at present unknown.
6 IMTFE Indictment Count par(cipated as leaders, organizers, ins(gators, or accomplices in the formula(on or execu(on of a common plan or conspiracy, and are responsible for all acts performed by themselves or by any person in execu(on of such plan. Count ordered, authorized and permited the same persons as men(oned in Count 53 to commit the offences therein men(oned and thereby violated the laws of War. Count deliberately and recklessly disregarded their legal duty to take adequate steps to secure the observance and prevent breaches thereof, and thereby violated the laws of war.
7
8 IMTFE Indictment Matsui Iwane COUNT 1...the formulation or execution of a common plan or conspiracy... COUNT waged a war of aggression and a war in violation of international law, treaties, agreements and assurances against the Republic of China. COUNTS 29, 31, 32, 35, 36 All the Defendants between the 7th December, 1941 and the 2nd September, 1945, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances against the United States of America; British Commonwealth of Nations; Kingdom of the Netherlands; the Union of Soviet Socialist Republics; Mongolian People s Republic. COUNT ordered, authorized and permitted the same persons as mentioned in Count 53 to commit the offences therein mentioned and thereby violated the laws of War. COUNT deliberately and recklessly disregarded their legal duty to take adequate stops to secure the observance and prevent breaches thereof, and thereby violated the laws of War.
9 IMTFE Indictment Matsui Iwane COUNT 1...the formulation or execution of a common plan or conspiracy... COUNT waged a war of aggression and a war in violation of international law, treaties, agreements and assurances against the Republic of China. COUNTS 29, 31, 32, 35, 36 All the Defendants between the 7th December, 1941 and the 2nd September, 1945, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances against the United States of America; British Commonwealth of Nations; Kingdom of the Netherlands; the Union of Soviet Socialist Republics; Mongolian People s Republic. COUNT ordered, authorized and permitted the same persons as mentioned in Count 53 to commit the offences therein mentioned and thereby violated the laws of War. COUNT deliberately and recklessly disregarded their legal duty to take adequate stops to secure the observance and prevent breaches thereof, and thereby violated the laws of War.
10 IMTFE Indictment Hirota Koki COUNT 1... participated as leaders, organizers, instigators, or accomplices in the formulation or execution of a common plan or conspiracy, and are responsible for all acts performed by themselves or by any person in execution of such plan. COUNT 27 All the Defendants between the 18th September, 1931 and the 2nd September, 1945, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances against the Republic of China. COUNTS 29, 31, 32, 33, 35 All the Defendants between the 7th December, 1941 and the 2nd September, 1945, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances against the United States of America; British Commonwealth of Nations; Kingdom of the Netherlands; France; and the Union of Soviet Socialist Republics. COUNT deliberately and recklessly disregarded their legal duty to take adequate stops to secure the observance and prevent breaches thereof, and thereby violated the laws of War.
11 IMTFE Indictment Hirota Koki COUNT 1... participated as leaders, organizers, instigators, or accomplices in the formulation or execution of a common plan or conspiracy, and are responsible for all acts performed by themselves or by any person in execution of such plan. COUNT 27 All the Defendants between the 18th September, 1931 and the 2nd September, 1945, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances against the Republic of China. COUNTS 29, 31, 32, 33, 35 All the Defendants between the 7th December, 1941 and the 2nd September, 1945, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances against the United States of America; British Commonwealth of Nations; Kingdom of the Netherlands; France; and the Union of Soviet Socialist Republics. COUNT deliberately and recklessly disregarded their legal duty to take adequate stops to secure the observance and prevent breaches thereof, and thereby violated the laws of War.
12 (3) The Dissen(ng Opinon of Radhabinod Pal Radhabinod Pal ( )
13 Radhabinod Pal ( ) Hiroshima, 6 August 1945 Nagasaki, 9 August 1945
14 Radhabinod Pal ( ) Radhabinod Pal ( )
15 (4) Some ques(ons 1. What was different about the cons(tu(on of the two military tribunals? 2. Were the conduct of the Japanese military different from the conduct of the Nazi military? 3. Was the US role consistent between the two tribunals? 4. Why was Emperor Hirohito not indicted? 5. Did the Tokyo trial produce good law? 6. Why did three of the judges dissent? 7. Was the IMFTE an example of victor s jus(ce? (Richard Minear)
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