CHAPTER 3 THE TOKYO WAR CRIMES TRIAL BEFORE THE INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST

Carrington Williams

A. PREFACE On April 29, 1946, the trial began of the Japanese military and civilian lead- ers accused by the Allies of instigating the Pacific part of World War 11. The Nuremberg Trial of the German wartime leaders was then in progress; this was to be its Japanese counterpart. Here were General Hideki Tojo and the men accused of executing the surprise attack on Pearl Harbor as well as British and Dutch mil- itary forces and possessions in the Far East. After a singularly brutal war, these leaders would at last face justice. Or so it was thought.

The hostility towards them in the courtroom was almost tangible, accompa- nied by equal amounts of curiosity. There were 28 of them; they carried them- selves with dignity and apparent resignation. They did not seem to feel either resentment or sorry for themselves. The courtroom was clearly set up as stage for a major public event. It was tremendous with high ceilings, without air condi- tioning (Tokyo is hot), and large klieg lights beating down; the heat was oppres- sive. Suspense (and sweat) built up. After a lengthy wait, the marshall of the tribunal, a U.S. Army captain, brought down his gavel loudly, ordered all present to rise as the 11 justices from as many Allied countries walked solemnly to the bench and took their seats. The tribunal was thus opened for this historic under- taking. Little did they know that it would not be finished until November 12, 1948, two and a half years away.

The trial took place in a large, hulking, ugly cement building, formerly the Japanese War Ministry at Ichigaya, Tokyo, with the interior improved by the Americans to accommodate a very large courtroom. Across from and facing the Justices were the 28 accused seated in the dock, guarded by very correct military police. It was a dramatic occasion, attended by a packed public gallery, numerous lawyers, interpreters, reporters, and newsreel cameras. 106 International Humanitarian Law: Origins

The opening day must be seen in context with its larger components, all adding to the drama in their own ways. A few of these were:

The City of Tokyo, two-thirds devastated by the 1945 fire-bombing raids by Army Air Corps B-29s flown from bases on Guam, Tinian, and Saipan in the Marianas Islands. Many factories were destroyed; wood and paper houses had burned liked tinder. In one raid alone some 100,000 people perished. There was similar or worse damage to other cities, particularly by atomic bombs on Hiroshima and Nagasaki. The natural beauty of Japan's countryside, or wherever war had not intruded, including the majestic Mt. Fuji, very visible from Tokyo. The Japanese overall courtesy and their acceptance of devastating defeat by the Allies, as contrasted with their military's brutality towards Allied and even their own troops during the war. Japanese adulation of both General MacArthur and Emperor Hirohito; the public toughness and acceptance of near starvation, loss of homes, jobs and industries on a gigantic scale. Yet they viewed all of this stoically. They did not feel sorry for themselves, but worked hard to rectify their losses. The rapidity with which wartime hatred of Japanese, particularly by Americans, turned into surprise at their lack of resentment, their friendship, and even to admiration of them.

B. INTRODUCTION This is a story untold for the last %-odd years, one which I never expected to write. But present concerns about terrorism, special military tribunals, and related problems persuade me that it is worth telling. Since the threats, the hor- rors, and the passions of World War IS are long behind us, the world is shaken by a different and perhaps more insidious danger: secret and overt terrorism. As a practicing lawyer at the trial and ever since, I try to distill what may make sense from that experience and its possible relevance to some problems today. In say- ing that, I do not consider the crimes of September 11, 2001, as war crimes because that is to grant them an undeserved dignity. To me they are mass mur- ders, nothing less.

My recollection of the Tokyo War Crimes Trial started as a minor chapter in a family history begun years ago and still unfinished. By doing so I hope to raise some warnings as well as help correct some misconceptions about use of the atomic bomb against Japan in World War 11, the Emperor's role, and the Occupation of Japan. The prosecution dwelt on Japanese military atrocities, cov- ered up others, but also provided a valuable record of Japanese military and ter- ritorial expansion before and during World War IS.

Despite criticism of the trial's legal and procedural errors for many years, I was primarily supportive of its objectives and originally of the results. We bestrode the world after helping our Allies to win World War 11; we promoted the