Page D-4.6 B. THE CONSPIRACY 2. THE CONSPIRACY TO OBTAIN DOMINATION OF THE ASIATIC AND iACIF1C AREAS. D-l. The conspiracy with which the accused 'are charged in Count I is at the same time both very simple and very complex. From the point of view of the unity of its aggressive object and purpose in both time and space, from the point of view of the clarity of its enunciation; at first semi-secretly, and then more and more openly until ultimately it was blatantly announced to the world under a euphonious title which concealed nothing; and from the point of view of the singleness and constancy of the drive toward its effectuation, at an ever-increasing tempo, upon an ever- expanding scale, until it had made every Japanese an unwitting tool of the conspiracy ana had embroiled almost the entire world in its greatest war, the conspiracy is quite simple although of tremendous scope and design. Broadly speaking, the conspiracy, which the prosecution submits has been fully established by the evidence, may be described as follows: During the period from January 1, 1928 to September 2, 1945, the conspirators, including these accused and others, some of whom have been named in the course of these proceed- ings, entered into, and attempted to and did, in large measure, carry out a common plan whereby under the pretext of an incident to be created Japan would invade, conquer, enslave and exploit that part of China known as Manchuria, with the object and purpose of using Manchuria and its great natural resources and wealth as a spring- board and base for securing military, naval, economic, political and Page D-2 CD-I) social possession, domination, control and exploitation of Ikst Asia and th" Pacific and Indian Oceans and the islands therein, including the rest of china, French Indo-China, the Eetherlands J&st Indies, Malaya, the Philippines, India, Burma and Australia, it was part of the plan, in order to bring it to successful fruition, that the con- spirators should accomplish their aim and purpose internally within Japan by seizing and obtaining control of the government of Japan either through coup d'etat or through the gradual infiltration of the members of the conspiratorial body throughout all the high posts in Japan's political structure; and externally by wars of aggression, in violation of international law, treaties, agreements and assurances, to be carried out by Japan alone or in conjunction with other powers against any and all nations which stood in the way of accomplishment of the criminal objects and purposes of the conspirators. D-2. However, from the point of view that in time the conspiracy covered a long period of history and that it involved thousands of events of all degrees of importance; from the point of view that the number of conspirators were large and that some entered the conspiracy at its inception and remained with it till the end, while others, with- out repudiating the conspiracy, dropped into an inactive status, while others joined actively into the conspiracy at some midpoint in its course, while still others played active roles at one time, dropped out for a while and then reappeared as active participants; and from the point of view, as might be expected in any conspiracy so huge in point Page D-4-2 (D-38) of time and of scope, of the internal conflicts betv/een the conspirators, not over any part of the conspiracy itself, but over the question of proper timing of particular facets of the conspiracy, the story is quite complex, in order to summarize in the simplest form possible the facts of the conspiracy established by the thousands of documents and the testimony of hundred of witnesses which, perforce, had to be introduced in this proceeding, the prosecution, preserving in the main the fundamental chronological continuity of the story, except where the exigency of the situation dictates a topical analysis for purposes of clarity, will analyze the conspiracy in four successive steps. (1) The first step in the conspiracy- obtaining control of Manchuria; (2) The expansion of control and domination from Manchuria to all the rest of China; (3) The preparation of Japan for aggressive war internally and by alliances with the Axis Powers; (4) The further expansion of the conspiracy into the rest of East Asia and the Pacific and Indian Oceans by further aggressive wars. FART I OF THE CONSPIRACY OBTAINING CONTROL OF MANCHURIA. A. THE SITUATION PRIOR TO THE MUKDEN INCIDENT - 13 Jeptember, 1931. D-3. To fully understand the true nature of the conspiracy and the aggressive acts of the conspirators, they must be seen Page D-4-2 (D-38) clearly against the background in which they began and out of which they grew. We must, therefore, first examine the obliga- tions which Japan had assumed towards China and others, the rights which she had acquired in Manchuria and the actual situation as it existed in Manchuria, China, and Japan at the time the Mukden incident started the processes of aggression into movement. 1° JAPAN'S OBLIGATIONS TOWARDS CHINA AMD OTHER NATIONS D-4o Japan's obligations towrards China and other nations were defined by the treaties which she had signed and ratified. The treaties, which stood in the way of an easy and early achievement of the main objective of the conspirators, fall roughly into three categories; (1) Agreements dealing especially with China; (2) Agreements defining Japan's duties and obligations with other countries; and (3) Agreements designed to prevent the use of war as a legitimate instrument of effectuating changes in international affairs. D-5. With respect to treaties relating to China, Japan and Russia, by the 'Treaty of Portsmouth of September 5, 1905, both agreed that they would evacuate Manchuria completely and simul- taneously, excepting the territory affected by the lease of the Liaotung (Kwantung) Peninsula, would restore Manchuria, excepting the leased territory, completely to the exclusive administration of China, and engaged not to obstruct any general measures common Page D-4-2 (D-38) to all countries which China might take for the development of a. the commerce and industry of Manchuria. In this category Japai also had treaties with other powers. However, while there were many which provided for the respecting of China* s territorial integrity and the "open door" policy, the essential duties and obligations of Japan and the other contracting powers with respect to China had all been codified and were contained in the Nine Power Treaty to which the United States, Great Britain, Belgium, China, France, Italy, Japan, The Netherlands and Portugal were b. parties. These duties and obligations were set forth in plain and simple language easily comprehended and requiring no high degree of skill to ascertain its meaning, in the following provisions of the Treaty; ' "Article la The Contrasting Powers, other than China agree: (1) To respect the sovereignty, the independence, and the territorial administrative integrity of China; (hj to p-.ovule, the fullest and most unembarrassed opportunity to China t© develop and maintain for herself an ©ffeetive and stable government| (§) To uee their iaflueaee for the purpose ef effectually establishing and maintaining the principle ef enual eppertunity for the eeismeree and industry ef all nations throughout the territory of China; (4) To refrain from taking advantage ef D-5. a. Sx. 81, T. 013, b. Ex, iO, T. 013, Page D-4-2 (D-38) conditions in China in order to seek special rights or privileges which would abridge the rights of subjects or citizens of friendly States, and from countenancing action inimical to the security of such States." "Article II. "The contracting Powers agree not to enter into any treaty, agreement, arrangement or understanding, either with one another, or, individually or collectively, with any Power or Powers which would infringe or impair the principles stated in Article 1." "Article III. "With a view to applying more effectually the principles of the Open Door or equality of opportunity in China for the trade ana industry of all nations, the Contracting Powers, other than China, agree that they will not seek, nor support their respective nationals in seeking: (a) Any arrangement which might purport to establish in favor of their interests any general superiority of rights with respect to commercial or economic development in any designated region of China; (b) Any such monopoly or preference as would deprive the nationals of any other Power of the right of undertaking any legitimate trade or industry in China, or of participat- ing with the Chinese Government, or with any local authority, in any category or public enterprise, or which by reason of Page D-4-2 (D-38) its scope, duration, or geographical extent is calculated to frustrate the practical application of the principle of equal opportunity. "It is understood that the foregoing stipulations of this Article are not to be so construed as to prohibit the acquisition of such properties or rights as may be necessary to the conduct of a particular commercial, industrial, or financial undertaking, or to the encouragement of inventicn and research. "China undertakes to be guided by the principles stated in the foregoing stipulations of this Article in dealing with applications for economic rights and privileges from the Governments and nationals of all foreign countries, whether parties to the present Treaty or not." "Article IV. "The Contracting Powers agree not to support any agreements by their respective nationals with each other designed to create Spheres of Influence or to provide for the enjoyment of mutually exclusive opportunities in designated parts of Chinese territory." D~6.