The Tokyo Trials and the Truth of “Pal’s Judgment” by Watanabe Shōichi, Professor Emeritus at Sophia University, Tokyo Society for the Dissemination of Historical Fact ii Copyright ©2009 by Watanabe Shōichi Originally published as “Paru ketsusho” no jijitsu by PHP, Tokyo, Japan 2008. English language copyright ©2009 by Society for the Dissemination of Historical Fact. All rights reserved, including the rights of reproduction in whole or in part in any form. Japanese and Chinese personal names have been rendered surname first, in accordance with Japanese and Chinese custom. The hanyu pinyin Romanization system has been used to translate Chinese personal and place names, with the exception of Wade-Giles translations that are still in common use (e.g., Yangtze River, Chiang Kai-shek). The quotations from Pal’s Judgment retain their original spelling, punctuation, and systems of indicating emphasis. ii Contents Foreword to the English-language Edition ......................................................................... v Ch. 1 Documents that Overturn the Tokyo Trials ............................................................. 1 §1 The Tokyo Trials are at the heart of all the post-War issues §2 The trial for which impartiality didn’t matter §3 America’s abandonment of chivalry §4 MacArthur, too, recognized its meaninglessness §5 Only Pal’s Judgment was legally meaningful Ch. 2 Ritualized Revenge ...................................................................................................... 9 §1 Was this court able to function justly? §2 Reversing several centuries of civilization §3 The authority of the victors was not limitless §4 Authority existed to question the charter Ch. 3 War to Resist Domination ........................................................................................ 19 §1 Defining defensive war is the agenda of the countries at war §2 War is outside the domain of law §3 Sublime irony and the use of the atom bomb §4 Judge the victors equally §5 Is it acceptable to be a dependent nation forever? Ch. 4 Was Japan an Aggressor Nation? ............................................................................ 27 §1 Unbelievable arrogance and ignorance §2 The Soviet Union and the Netherlands lacked authority to convict Japan §3 The aggressors were the leaders of the losing party §4 Communism means “the withering away of the state” §5 America was involved before the outbreak of war §6 War is legitimate even without a declaration of war Ch. 5 Ignored Evidence ....................................................................................................... 35 §1 Former PM Abe, who met with Pal’s son §2 Ignored statements of the British and American Ambassadors in Japan §3 The overlooked Lytton Report §4 When America abandons Japan Ch. 6 Was There a Conspiracy? ......................................................................................... 45 §1 The “conspiracy” fixation §2 The Lytton Report as critical evidence §3 The Russian Revolution that crushed the basis of Russo–Japanese conciliation §4 Pal’s international ideas iii Ch. 7 The Manchurian Incident ......................................................................................... 55 §1 Five important incidents presented by the defense §2 The man who did the prosecution’s bidding §3 Ōkawa Shūmei’s testimony was accurate §4 An Asian “Monroe Doctrine” Ch. 8 Racial Discrimination ................................................................................................ 65 §1 Nishibe Susumu’s points missed the mark §2 Is “The Japanese were superior” a crime? §2 The rejected proposition for racial equality §3 A people ineligible for naturalization §4 The lies of Ōuchi Hyōe and Takigawa Yukitoki Ch. 9 The Tōjō Cabinet ....................................................................................................... 75 §1 Pre-War Japan: more magnanimous than the Roman Empire §2 It was not because Tōjō was ambitious §3 The unhappy nominations §3 “A critical moment in the life of Japan” Ch. 10 The Tripartite Alliance ........................................................................................... 85 §1 Japan’s spur-of-the-moment preparations for war §2 Wars of democracies are terrifying in nature §3 Japan was always afraid of a clash §4 Problems of modern history are current affairs problems Ch. 11 The Ultimatum ......................................................................................................... 95 §1 A conspiracy among the allied nations §2 The Hull note that severed diplomatic relations §3 Japan went all out to avoid the collision §4 War, but which war? Ch. 12 The Scales of Justice .............................................................................................. 105 §1 Similar tales of brutality §2 The truth of the Nanking Incident is... §3 Did they plan a brutal war? §4 The crimes of those who judged Japan Ch. 13 From the Tokyo Trials’ View of History to Pal’s View of History ................... 115 §1 Deep-seated misunderstanding of Pal’s Judgment §2 The post-war Left that gave birth to the “Tokyo Trials’ view on history” §3 For the sake of Japan’s mental recovery iv Foreword to the English-language Edition Few in the West are familiar with the name Radhabinod Pal. This is a pity. Pal, a contemporary of Gandhi and Neru, was an Indian jurist who was noted for his attention to legal detail and his devotion to the rule of law. He was the Indian representa- tive on the bench of the International Military Tribunal for the Far East (better known as the Tokyo Trials), which was MacArthur’s answer to the Nuremberg Trials. Of the eleven judges at the Tokyo Trials, only Pal had specialized in international law. At the general meeting of the Association of International Law in 1937, he was inaugu- rated as one of the association’s chairmen. (Afterward, he was also twice elected chair- man of the United Nations International Law Commission — serving in 1958, and again from 1962 to 1967.) Many of the other justices, in fact, were no longer active jurists, but rather politicians in the various nations of the Allied Powers who had returned to the bench from their official governmental positions. The critical factor, though, that makes Justice Pal so noteworthy, and makes him truly stand out from his ten colleagues, is that his was the lone dissenting voice in the convic- tions of Japan’s accused Class-A war criminals. Basing his position strictly on the law and the rules of evidence, Pal maintained that the Tokyo Trials were in error. What was the result of his dissent? By dictat from the GHQ, his verdict was not allowed to be published in Japan during the period of occupation, and it was not publicized in the West. To this day, Pal’s Judg- ment (as it ultimately came to be called) remains virtually unknown outside Japan; inside Japan, it is the subject of considerable debate. Broadly speaking, there are two views on the twenty years of Emperor Shōwa’s (Hirohito’s) reign leading up to Japan’s defeat. The first is the viewpoint of the Tokyo Trials: that is, the viewpoint of the prosecutors and the judges who handed down the many verdicts of the Trials. In many countries, America included, this view is the main- stream: that it is obvious even today that Japan was an aggressor nation. Pal stands in direct opposition to this, proclaiming the innocence of all the Class-A war crime defendants on all charges. It would probably be fair to call Pal’s take on those twenty years of Japanese history in Pal’s Judgment “the Pal’s Judgment view.” In point of fact, over half of the extensive amount of material making up this legal document is taken up by his interpretation of the events, one by one, of the previous twenty years. There are many (including Japanese) who mistakenly think that Pal wrote a judgment sympathetic to the Japanese because he, like the Japanese, was an Asian. Years later, however, when Pal was visiting Japan and a Japanese man expressed his thanks to that v effect, he himself strongly denied that point. Indignant, Pal replied, “If you think that I would present a judgment out of sympathy to Japan, then you are making an outrageous mistake. I did not judge as a sympathizer to Japan, and it was not a judgment born of ha- tred of the West. I sought the truth as the truth, and to that end, I applied the proper law that I believe in. Nothing more, nothing less.” For one to study the history of the Second World War down to its conclusion, it is es- sential that one read Pal’s Judgment. There have been many books written on the Tokyo Trials, exploring them from legal or political or historical perspectives. But since the To- kyo Trials were a historical event, one should study the people who were involved in the incident itself, and what they said about the events they lived through. I, too, have been reading up on books concerning the Tokyo Trials for several dec- ades, and wrote my own little book on the subject: Tōkyō saiban o saiban suru (“Trying the Tokyo Trials,” published by Chichi Press). My recent conclusion, however, is that the average person doesn’t really need to know about the Tokyo Trails. Rather, the only thing that they need is a thorough knowledge of one critical book: Pal’s Judgment. Why is that? In the face of criticism that the Tokyo Trials were nothing more than the victors judg- ing the vanquished, those who orchestrated and prosecuted the Trials claimed that their object was a civilized judgment, punishing those who directed an aggressive war, so as to prevent