Following months of preparation, the IMTFE convened on April 29, 1946. The trials were held in the War Ministry office in Tokyo. On May 3 the prosecution opened its case, charging the defendants with crimes against peace, conventional war crimes, and crimes against humanity. The trial continued for more than two and a half years, hearing testimony from 419 witnesses and admitting 4,336 exhibits of evidence, including depositions and affidavits from 779 other individuals.
Charges Following the model used at the Nuremberg trials in Germany, the Allies established three broad categories: • "Class A" charges covered crimes against peace, that is, waging a
war of aggression against other nations, and only applied to Japan's top leaders who had planned and directed the war. The tribunal only had jurisdiction over those charged with Class A crimes. such as the
Rape of Nanjing, the
attack on the neutral U.S. at Pearl Harbor without warning, or the
Bataan Death March. • "Class C" charges covered crimes against humanity, that is, systematic violence, deportation, or enslavement of any civilian population in time of peace or war, or persecutions on political or racial grounds in the execution of or in connection with any foregoing crimes. This category was created mainly to address atrocities committed by a state against its own nationals or allied citizens, The indictment accused the defendants of promoting a scheme of conquest that:[C]ontemplated and carried out ... murdering, maiming and ill-treating
prisoners of war (and)
civilian internees ...
forcing them to labor under inhumane conditions ...
plundering public and
private property, wantonly destroying
cities,
towns and
villages beyond any justification of
military necessity; (perpetrating)
mass murder,
rape, pillage,
brigandage,
torture and other barbaric cruelties upon the helpless
civilian population of the over-run countries.The chief prosecutor,
Joseph B. Keenan, issued a press statement along with the indictment: "War and treaty-breakers should be stripped of the glamour of national heroes and exposed as what they really are—plain, ordinary murderers."
Evidence and testimony The prosecution began opening statements on May 3, 1946, and took 192 days to present its case, finishing on January 24, 1947. It submitted its evidence in fifteen phases. The prosecution team relied on the doctrine of
command responsibility, which obviated the need to prove the various alleged atrocities were the result of the defendants' illegal orders. The prosecution instead had to prove three things: that war crimes were systematic or widespread; the accused knew that troops were committing atrocities; and the accused had power or authority to stop the crimes. Evidentiary standards were low, and, according to Article 13 of the Charter, it was not to be "bound by technical rules of evidence ... and shall admit any evidence which it deems to have probative value", including documents such as diaries or letters which lacked "proof of its issuance or signature".
Defense The defendants were represented by over a hundred attorneys, three-quarters of them Japanese and one-quarter American, plus a support staff. The defense opened its case on January 27, 1947, and finished its presentation 225 days later on September 9, 1947. The defense argued that the trial could never be free from substantial doubt as to its "legality, fairness and impartiality" and also that the laws they were accused of violating had
not yet been established at the time of the actual acts. Similarly, they argued that, as individuals, they could not be held accountable for acts committed by the state, and that they could not be tried for not preventing others from committing war crimes. The defense argued that Allied Powers' violations of international law should be examined. During the trial,
Shigenori Tōgō continued to say that Japan had acted in self-defense and been forced into the war by the
Hull note, saying that "we felt at the time that Japan was being driven either to war or suicide".
Judgment After the defense had finished its presentation on September 9, 1947, the IMT spent fifteen months reaching judgement and drafting its 1,781-page opinion. The reading of the judgement and the sentences lasted from November 4 to 12, 1948. Five of the eleven justices released separate opinions outside the court. In his concurring opinion Australian justice
William Webb took issue with Emperor Hirohito's legal status, writing, "The suggestion that the Emperor was bound to act on advice is contrary to the evidence." While refraining from personal indictment of Hirohito, Webb indicated that Hirohito bore responsibility as a
constitutional monarch who accepted "ministerial and other advice for war" and 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." Justice
Delfín Jaranilla of the Philippines disagreed with the penalties imposed by the tribunal as being "too lenient, not exemplary and deterrent, and not commensurate with the gravity of the offence or offences committed." Justice
Henri Bernard of France argued that the tribunal's course of action was flawed due to Hirohito's absence and the lack of sufficient deliberation by the judges. He 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" and that a "verdict reached by a Tribunal after a defective procedure cannot be a valid one." "It is well-nigh impossible to define the concept of initiating or waging a war of aggression both accurately and comprehensively," wrote Justice
Bert Röling of the Netherlands in his dissent. He stated, "I think that not only should there have been neutrals in the court, but there should have been Japanese also." He argued that they would always have been a minority and therefore would not have been able to sway the balance of the trial. However, "they could have convincingly argued issues of government policy which were unfamiliar to the Allied justices." Pointing out the difficulties and limitations in holding individuals responsible for an act of state and making omission of responsibility a crime, Röling called for the acquittal of several defendants, including Hirota. Justice
Radhabinod Pal of India produced a judgment in which he dismissed the legitimacy of the IMTFE as
victor's justice: "I would hold that each and every one of the accused must be found not guilty of each and every one of the charges in the indictment and should be acquitted on all those charges." While taking into account the influence of wartime propaganda, exaggerations, and distortions of facts in the evidence, and "over-zealous" and "hostile" witnesses, Pal concluded, "The evidence is still overwhelming that atrocities were perpetrated by the members of the Japanese armed forces against the civilian population of some of the territories occupied by them as also against the prisoners of war."
Sentencing , Admiral
Oka Takazumi, (back row, left to right) Chairman of the Privy Council
Kiichirō Hiranuma, Foreign Minister
Shigenori Tōgō One defendant,
Shūmei Ōkawa, was found mentally unfit for trial and the charges were dropped. Two defendants,
Yōsuke Matsuoka and
Osami Nagano, died of natural causes during the trial. Six defendants were sentenced to death by hanging for war crimes, crimes against humanity, and crimes against peace (Class A, Class B and Class C): • General
Kenji Doihara, chief of the intelligence services in Manchukuo •
Kōki Hirota, former
prime minister (later foreign minister) • General
Seishirō Itagaki, war minister • General
Heitarō Kimura, commander, Burma Area Army • Lieutenant General
Akira Mutō, chief of staff, 14th Area Army • General
Hideki Tojo, commander, Kwantung Army (later prime minister) One defendant was sentenced to death by hanging for war crimes and crimes against humanity (Class B and Class C): • General
Iwane Matsui, commander, Shanghai Expeditionary Force and Central China Area Army On November 24, 1948, two days after a meeting with the
Allied Control Commission for Japan, MacArthur confirmed the verdict and sentences. The seven defendants who were sentenced to death were executed at
Sugamo Prison in
Ikebukuro on December 23, 1948. MacArthur, afraid of embarrassing and antagonizing the Japanese people, defied the wishes of President Truman and barred photography of any kind, instead bringing in four members of the Allied Council to act as official witnesses. Sixteen defendants were sentenced to life imprisonment. Three (Koiso, Shiratori, and Umezu) died in prison, while the other thirteen were
paroled between 1952 and 1958: • General
Sadao Araki, war minister • Colonel
Kingoro Hashimoto, major instigator of the
second Sino-Japanese War • Field Marshal
Shunroku Hata, war minister • Baron
Kiichirō Hiranuma, prime minister •
Naoki Hoshino, Chief Cabinet Secretary •
Okinori Kaya, Minister of Finance • Marquis
Kōichi Kido,
Lord Keeper of the Privy Seal • General
Kuniaki Koiso, governor-general of Korea, later prime minister • General
Jirō Minami, commander, Kwantung Army, former governor-general of Korea • Vice Admiral
Takazumi Oka, chief of the Naval Affairs Bureau • Lieutenant General
Hiroshi Ōshima, Ambassador to Germany • Lieutenant General chief of the Military Affairs Bureau • Admiral
Shigetarō Shimada, naval minister and Chief of the Navy General Staff •
Toshio Shiratori, Ambassador to Italy • Lieutenant General
Teiichi Suzuki, president of the Cabinet Planning Board • General
Yoshijirō Umezu, war minister and Chief of the Army General Staff • Foreign minister
Shigenori Tōgō was sentenced to 20 years' imprisonment. Togo died in prison in 1950. • Foreign minister
Mamoru Shigemitsu was sentenced to 7 years and paroled in 1950. He later served as Foreign Minister and as Deputy Prime Minister of post-war Japan under Prime Minister
Ichiro Hatoyama. ==Other war crimes trials==