judgment international military tribunal for the far east, volume ii, part c

PART C

CHAPTER X

VERDICTS The Tribunal will now proceed to render its

verdict in the case of ench of the accused

Article 17 of the Charter requires that the judgment shall give the reasons on which it is

based Those reasons ore stated in the recital ot

fects nnd the statement of findihgs the rcacing ot

which has just been completc9 Therein the Tribunal

has examined minutely tho 1ctivitics of ecch of the

accused concerned in relation to the matters in

issue Consequently the Tribunal docs not propose

in the verdicts now to be read to repeat the many

particulrr findings on which the verdicts arc

based It will give its reasons in general terms for

its findings in respect of coch accused suchmiddot gvneral

reasons being bnsed on the particular statemcntsllld

findings in the rcci tel already re10rrod to

ARAKI I Sadeo

The defendant ARAYI Sadao is charged

under Count l with conspiracy to wage aggressive

wars and wars in violation of international law

treaties agre)ments and assurances He is charged

also under Counts 27 29 31 32 33 35 and 36 with

bullacing such wars Under Counts 54 and 55 he is I

charged with responsibility for war cri~es committed

1n China At all material times he was a Military

orricer or high ran~ He became a Lieutenant-General

in 1927 and a General in 1933 Throughout he was

prominent in the hierarchy of the Army

He was an energetic proponent of the Army

policy or political domination at home and of military

aggression abroad Hebullwas in fact and was recognised

11 being one of the prominent leaders of that Ar~y

movement As a member of different Cabinets he

advanced the Army policy to prepare for wars of aggression

by stimulating the werlike spirit of the young men of

Japan by mobilizing Japans material resources for

war and by speeches and by control of the press

inciting and preparing the Japanese people for war

Both in end out of political office he helped to formulgte

and was a vigorous advocate of the policy of the military

part7 to enrich Japan at the expense 01 ner neighbours

He both approved and actively supported the policies under

taken by the Japanese Army in Manchuria and Jehol to separshy

ate that territory politically fromChina to createbull

Japanese-controlled government and to place its economy

middot under the domination or Japan The Tribunal

l147

f1nda him to have betn On4 bf the leadera or the

conspiracy aet out in Count I and he 11 edllbulldged uUty

under that Count

ARAYI assumed office as Minister or War in

December 1931 after the aggressive war against the

Republic of China in Manchuria had commenced He

continued as Minister of War until January 1934bull

T~roughOlt that period he took a prominent part_in

the development and the carrying out of the military

and political policies pursued in Manchuria and Jehol

He gave all possible support to the successive militar

steps taken for the occupation or that portion or tht

territories or China ARAKI from l~ay 1938 until

August 1939 was Minister of Education in which

capacity he approved and collaborated in military

operations in other parts of China ~e have found

that the war in China was _from 1931 onwards a war of

aggression and we find that this defendant participated

in the waging of that war Accordingly we find him

guilty under Count 27

There is no evidence that he took anacttve

part in the wars referred to in Counts 29 31 2 33 35 and 36 on all of w~ich we find him notmiddot guilty~ Aa to war crimes theremiddot is no evidence ot his respondbull middot

bility for such crimes and we find him notguilty

under Counts 54 and 5

DOHIHARA XenJl lhe defendant OORIHARA 1 Kenji 1s charJcd

under Counts 1 27 291 31 32 33 35 36 54

and 55 At the commencement ot the period under

review DOHIHARA w~s a Colonel in the Japanese ar1117

and by April 1941 had attained the rank of General

Before the Manchurian Affair he bed been in Chinn

tar about eighteen years and had come to be negarded

1n the Army as a specialist on China He was

intiMtely involved 1n the initiation and development

ot the war of aggression waged against China 1n

Kanohuria and in the subsequent establishment of the

Japanese-dominated state of Manchukuo As the agrr~as1ve

policy of the Japanese m111tary party was pursued 1n

other areas in China DOHIHJRA took r proci1nent part

1n lta development by pol1t1cal intrigue by threat

ot torce and by tte use of force

DOHIHARA acted 1p close association w1 th

other leaders of the m111tary faction -in the development

preparation and ~Jeecut1on of their plans to bring

Eaat and South Eaat Asia imder Japanese domination

When his special knowledge of China end his

capacity tor int1igue there were no longer required

he ire~ middotemployed as a General Officer ln the f isl~ in

middotpuruit ot the aims for which he had conspired He

took part in the waging of aggressive war not only

acdmt China but also against the u ssR and egainst

those OOQlltrlea against whom also Japan wa~d aggressive

war from 1941 unti1941 excepting themiddot Republic of Prence

1149

As to the ara waged aginst the usSR in 1938

an~ 1939 DOHIJLUU w~s a Lieutenant General on the

Generel Stett -h1ch had ov0rhead control or tno

Itlle Khassan fighting At Noronhan elernenis ot the

Arley he commandod took part in thet fighting

Js to the waging of war ag~inst the Republlc

of France (Count 33) the decision to wage this war

was mece by the Suprerbulle Council for the Direction or

1Jrar in Februry 1945 The accusec was not l party

to that c1ecision and the evidence eoes net establish

that ho took part in the waging or tht war

we fine him to be guilty of ccnspirampcy to

ffage aggressive war undr Count I and 0of waging

bullcgressive wars as chorgecl uncer Counts 27 29 31

32 35 and 36 middotHe is not guilty uncerbullCount 33

DCHilfaRA comm~ nc1ee the -7th Arca irrrgty from

April 1944 until April 1945 This corrrand included

lrlaya Suma tr~ Java anc for a time Borneo The

evicenca as to the extent of his resronsibility

for protecting priscnars of w~~ within the area of

his comrand fror murder and torture is conflicting

At least he was responsible for their surplies or

tc~d Pnd middotcocicine The evidence is clear that they

were grossly 111-treeted 1n respect of these su~plies

Pr11oner1 7ore atarvec ampnd deaths from malnutrition

ane food deficiency ciseases occurred at an appalling

ra~e hose con~1t1ons appliec1 only to prisoners or

war ind di~ not occur anong their captors It was

urged in defence trut the ~eterioration of Jarenbulla

war position 1n thtae areas lmlt tho scvermce of

cowunications iadl it 1~rossible to maintain better

surplios for ~risonors Tho eviltoncv ahm1s that

tood ant redicine was evdlablo 71hich ccullt hllvu

b~en used to relieve tho terr1bLe conditions ofmiddot

the pr1scnors Thcsi suprlies wore llthhol- upon

a rolicy for which DOHIFARA was responsible Upon

these findings of fact DOHIH~Ri I s offence 3 lls

rthcr within Count 54 than Count 55 Accorring~

he is found guilty unlter Count 54 3nd wo cake no 1nlt1ng

un~er Count 5

HASHIMOTO Kingoro

HSHIMOTO is indicted unccr Counts l 27 1

29 1 31 1 32 54 and 55

He was on Arny officer and early joinec

tho conspire cy H3 thoroa ftor 1middoturthcroc tho

achioTooont of its objects by all tho means in

his rc~1or Ncn0 of the conspirators neld Oro

oxtrcro vielIS than he cicl none was Tioro outspolrnn

in his statement of these views In the beginning

he advocated tho expansion of Jaran through tho

seizure of Manchuria by force of arrs hS tino

we11 on he acvocat0d tho use of force against all

Japan 1 s neighbours for tho accoPplisht1ent of the

aims of tho conspirators

Ho ms an orcent acr1irer of govornr1ent

by rilitary lt1ictatorship He detostoC1 the political

ptirties middotihich played scrre port in thu govcrncnt

of Japan ond opposed tho schemes of conquest ~hioh

the conspirators were dctcrn1ncd to effect Ho W3S

I principal in rmny of the activities by which thv

conspirators come ultiretcmiddotly to suppress the

opposition of the c1emocratic clements in Japan end

to control the government ithout tb1s ccntrol

their oggrcs5iVo schemes could net have been

sccoriplished Thus for ex3rmiddotple 1 he r1as one of tho

principals in the plots cf ilarch and October 1931

which v1Cre designoc to cvrthrow tho existing cabinets

on~ to establish cibinets in their place which would

support tho conspirators Ho was also a party to the

plot of lloy 1932 of which the object and result uu

tho assissiniticn cf Prerier Inukai who hod challpionod

dcoocracy and opposed tho policies or the conspir1tor1

His publications lnd tho activities of the societ1e1

he founded or supported were largely devoted to the

dcstructlon of democracy and tho establish~ent or 1

faro of government ~ore favourable to the use or war

for achieving the expansion of Jaran

Ho played sore part in pl9nning the occurrence

rf tho Jukden Incident so a to give the Arrry a

jretext for seizing Manchuria He clait1od sore of tho

credit for tho seizure of Manchuria ind for Japan

leaving the LeJgue of Nations

After its only years 1t was oiinly as a

propagandist that no figuroc in the execution of the

couspirccy H9 was a prolific publicist and contributed

to the success of tho conspiracy by inciting the

appetite of tho Japrnesc people for the possessions

of Japans neighbours by inflaring Japanese opinion

fer war to secure those pu~sessions by his advocacy

of an allinnco with Gorrwny anc Italy 11hich wero

bent on sioilar schones of expansion by his denunciation

of treaties by which Japan haa bounc herself to refrain

fror tho schct1cs of aggrlndiseront which were the airs

cf tho conspir~cy and by his fervent support of the

agitation fer a groat increase in the armanents of

Japan so that she right secure those aims by force or

the throat of force

He was a principal in tho foroation

of the ccnspiracy and ~cntributod lirgely to its

exccuticn

1s tc Count 27 hiving first plotted tho

seizure of renchuria by force of arms he thereshy

iftcr playGd sore port in the plmning of tho lluk-on

Incident so that it might serve as a pretext for

the seizure of Manchuria Being thus fully

apprised that the war against China was a war

of aggression and bein~ one of thosamp who had

conspired to bring about that war he did everything

within his power to secure its suc~ess For a

time he was in fact a military commander in the

field He thereby waged a war of aggression

against China as charged in Count 2

There is no evidence directly connecting

HASHillOTO with any of the crimes charged in Counts

29 31 32 54 or 55 The Tribunal finds him not

guilty on these Counts

The Tribunal finds HASHIMOTO guilty on Counts

lend 27

HATA Shunroko

HATA is charged under Counts 1 27 29 31 32 35

36 54 end 55

On the formation of the AbE CPbinet in August 1939

HATA assumed the post of War Minister which he held

continuously until July 1940 when the Yonai Cabinet fell

Though holding Cabinet rank for less then one year HATA

con+ributed substantially to the formulation end execution

of the agrressive plans bull As War 141nister he exerted

considerable influence on Government policy The war in

China was wageG with renewed vigor thf Wang Ching Wei

Govpoundrnment was esteblished at Nanking the plPns for

control of French Indo-Ch~na were developed and the

negotiations with the Netherlands in relation to matters

concerning the NetherlEnds East Indies were ccnaucted

HATA favored Japanese comination of East Asia end the

areas to the South To achieve this object he for example

Ppproved the abolition of political parties to be replaced

by the Imperial Rule Assistance Association end in

collaboration with Pnd eft(r consulting other high military

authorities he precipitated the fell of the Yonai CPbinet

thereby making way for the fulL alliance with Germany end

the establishment of a virtual totalitarian state in

Japan

Thereafter from KarGb 1941 es Commender-in-Chief of

the expeditionary forces in China he continued to wage

war in that country until November 1944

He continued to ~ege war egampinst China and the

Westpoundrn Powers as Inspector General of Military Education

one of the highest active military posts in the Jap~nese

Army

1155

When the Lake ]Olassan host111 ties occurred HATA

was 1n Central China and at the time or the Nomonhan

Incident he was Aide-de-Camp to the Emperor becoming

War Minister a little more than a week before the conshy

clusion of thet Incident The Tribunal 1s of the opinion

tba t HATA did not part1c1pate 1n the waging of e1 ther

of these wars

War Crimes

In 1938 am again from 1941 to 1944 when HATA was

1n command of expeditionary forces 1n China atrocittes

-re committed on a large scale by the troops under his

command and were spread ver a long period of time

Either HATA knew of these things and took no steps to

prevent their occurrence or he was 1nd1frerent and

11111de no provision for learning whether orders for the

humane treablent of prisoners of war and c1v111an11

were obeyed In e1 ther case be was 1n breach of his

duty as charged urrler Count 55

The Tribunal finds HATA gu1lty under Counts 1 Z7

29 31 32 and 55 He 111 not guilty under Counts 35 36

and 54

HIRAN1JlrfA K11ch1ro

HIRANUMA is indicted under Counts 1 1 27 29 1 31

32 33 35 36 54 and 55 Be became a member of the

c~~spiraey if not at the beginningshortly afterwards

He Was a member and from 1936 President of the Privy

Council until 1939when he became Prime Minister later

he served in succession as Minister Without Portfolio

an~ Home Minister in the second and third Konoye Cabinets

During the period when he was a member of the

Privy Council he supported the various measures coming

before that body which involved the carrying out of the

ag~ressive plans of the militarists As Pr~~ Minister

an~ as Minister he continued to support these plans

From 17 October 1941 until 19 April 1945 the

aceused was one of the Senior Statesmen At th9 meeting

ar Senior Statesmen held on 29 Nove~ber 1941 to ~dvise

the Emperor on the question of peace or war with the Westshy

ern Powers the accused accepted the opinlegtn that war

wao inevitable and advised the strengthening of public

opinion agal~st the possibility of a long war

At the meeting of the ~enior st~tesman held on 5

April 1945 the -accused strongly opposed any overtures for

peace and advocated that Japan should fight to the end

At all times covered by the Indictment HIRANUMA

was not only a supporter of the policy of the domination

of Japan in East Asia end the South Seas by forco when

necess3ry 1 but he was one cf the leaders of the conshy

spiracy and an active participant in furthering it~ rolicy

In carrying out that policy he WJged war against China

the Unitad States of Amorico the British Commo~~ealth

or Nations the Netherlands and in 1939 against the

ussR

The Tribunal finds the occused HIRANIDV guilty

on Counts 1 27 29 3132 rnd 36

Thero is no evidence directly conncctingmiddothim with

middotthe crimes chorged in Countsmiddot33 35 54 ond 55 we thcrffore find him not guilty on these counts

jIROTA Koki HIROTA is indicted under Counts lt 2 29

31 32 33 35 54 End 5~

HIROTA wes Fllcign Minister trnm 1933 until

lorch 1936 when he became Prime Minister Frgtm the

fall or his Cabinet in February 1937 for four months

he held -nl public ~ffice He was Flleign Minister

ogain in the First Konoye Cebinet until May 1938

Frlm that time forward his relation with public

affairs wes limited to attending m~ctings gtf the

Senior S_tatesmen (Jushin) trnm timo tomiddot time t_o adshy

vise ln the appintment ~f Prime Ministers ond on

other important questions submitted

Frnm1933 to 1938 when HIROTA held these

high offices too Japrnesc grins 1n Monchurio were

being consolidated end turned to tho odvontoge ot

Jopon ond too plliticol end econmic llfe of North

China vms being guided in order to separate it traa

the rest lf China in preparation for the dociinatigtn

by Japrn of the Chinese politicnl ond economic litemiddot

In 1936 his cobinet formuleted rnd odptcd thlt nrtionshy

al policy lt expansin 1n Ecst As1n c~ theuro Sl11theurom

Areas lhis policy lf tar-rcmiddotrching tffcct wcs evcntshy

urlly to leodmiddot to the wor bttmiddotbulleen Jopen end the Western

Powers in 1941 Also in 1936 the Joprnese aggressive

policy with reger~ to the usSR was reiteretedand

odvonccd culmin11ting 1n themiddot Ant1-Cociintern Pact

Frlt1 the 7th or Jul~ 1937 wlxn the wnr in

Chine was revived t_hroughout HIROTA1 s tenure f office

the ~ilitory operations in China received the full

support or the Cabinet Eerly in 1938 also the

real policy towarifa Chino was eleritied md every

eff~rt oade to subjugete Chine and abolish the

Chinese Notional Govenment bullind to replace it with a

government eomineted by Japan

In early 1938 the plan end legisletion for

mobilization of man oower industrial potential 1

enc natural resourcei was adopted This olen with

little change in essentiels wes the besis on vhich

the ireparetions to continue the Chine Wer enc for

weging further aggressive wars were cerried out

curing the succeeding yeers All these plens end

activities were fully known to enc supported by

HIROTA

Thus duringhis tenure of office HIROTA

apparentlya very eble men end a forceful leader

111es at times the originator and et other times a

supporter of the agrress_ive plans adopted end executed

by the military enc thl various Cabinets

On his behalf Counselmiddot in final argument

urge the Tribunal to c onsicer HIROTA I s consistent

advocacy of peace end peaceful or diplometic negoshy

tiation of cisputed questions It is true thet

HIROTA faithfUl to his diplomatic training consisshy

tently eovocated attempting firstly to settle cisputes

through diplomaticchannels However it is abundantly

cleer thFt in so coing he wes never willing to sacrishy

fice any of the gains or exectec gains mece or

ex~ecte~ to be mace st the expense of Jaoen 1 s neighshy

bours sntI he consistently egreed to the use of force

if oiplomatic negotiations failed to obtain fulfilment

of the Jspenese demands The Tribunal therefore canshy

not accept es exculpating this accused the cefense

offered on this point

The Tribunalconsequently fines thet at

leait from 1933 HIROTA p-ertici peted in the- colIon plan

or conspiracy to Voefe sgrressiVE wars As Fortign

Ninister he also perticipated in the waging of war

against China

As to Counts 29 31 and 32 HIROTA 1 a attitude

and abullvice as one of the Senior Statesmen 1n 1941 is

quite consistent with his being opposed to the opening

of hostilities again_st the Western Powers He held no

public office after 1938 ind played no part in the

direction of the wars referred to 1n these Counts The

Tribunal holds that the evidence offered does not

establish his guilt on these Counts

As to Counts 33 and 35 there is no proof

of HIROTA 1s participation in or support of the militar7

operations at Lake Chassan or in French Indo-Cbina in

1945

With regard to 111ar Crimes there is no evidence

of HIROTA 1 s having ordered authorized or permitted

the commission of the CTimes as alleged in Count 54shy

As to Counb 55 the only e~idence relating him

to such crimes denls with the at~ocities at Nanking in

December 1937 and Januar7middotand February 1938 As Foreign

Minister he received reports of these atrocities

immediately after the entry of the Japampnese forces into

Nanking According to the Defence evidence eredence

was given to these reports and the matter was taken up

with the war Ministry Assurances were accepted from

the ~er Kinistry that the atrocities would be stopped

After these as11urances wd been given reports of atrocitieemiddot

continued to come in for at least a month The Tribunal

is or opinion that HIROTA was derelict in his duty in not

insisting before the Cabinet that immediate action be taken

to putan end to the atroc~ties failing any other action

open to him to bring about the same result He was eontent

to rely on assurances which he knew were not being impleshy

1161

mcntcd while hundreds of murders violations gtf wgtmcn

and )ther atrgtcitics were being committed daily His

inction am)untcd to criminal mgligcncc

Tru Tribunal finds HIROTA guilty under

Counts 1 27 and 55 He is n0t guilty under

C)lllts 29 31 32 33 35 and 54

middot IOsectHlli9 IfP0 M HOBHINO 1s charged undo~ Counh 1

27 29 31 32 ~3 3St 54 andmiddot 5 Until the accused HOGilINO went to middot middot

Manchuria in 1932 he wu empl~ed 1n the 7$palle ae Department It Fineneebull He was sen~Jo Vancburta

by- his Government to become a Sejlio ott1da1 ct

the Konchulruo Finance _Kinietrr rillll of tile 11anchukuo

General Affairs Bureau By 1936 he had beco111e

Vice Chiet gt the Finance IUnistry o~ lloncbuNo end Chiet o the General Affairs Soctirm ~ttbemiddot

Netigtnal Affairs B_1ard nt Menchukuo In these

psitions he was able to exercise amiddot profQUld middot

influence upmiddoton the CCgtnomy fJt Menchuk~o andmiddot ltlid cxlaquosrt that 1nnuencc towards Japanese domination

ot the c0tnmercial end industrial dtvelopment or that country He operated in close co-op~rat1on

with the Commender or the Kwantung Arm1t the virtual

ruler of Manchukuobull In etfect 1 ngtt inname

hc was 11 fUnct1onary of that Army ~hgtse eoonmiddotgt1111Q

policy was directed to meking the resources or Manchukuo serve the warlike purposcsor Japan

Although he was nominrllya servant

J the Governcent of Manchukuo and bed been sn tor

~ ight years ho was recalled to Japan in l 940 to

become a Minister without Portfolio and President of tho_Planning Boardbull In-this position he was the

leader 1n the 9JCcial middot steps then being taken to

equip Japan tor the cant1nuat1onmiddotor the aggressive

war then being waged in Ch~ ond tor wars or

111

aggression then cjntclllPla~cd against otb)r

countries with possessi~s in East Asia

From April 19411 when ho left tho

Cabinet his ofticial runct1tnlLin ~nnection

with warlikemiddotproparations were reduce~ but not

entirely abandoned

Up-m the eocossion of the accused TOJO

as PrimeMinister in October 1941 HOSHINO became

the Chier Secretary rt he Cabinet and so~n after

a Councillor lf the Planning B0ard From this time

he wos in close associatimmiddot with tll the prepatetions

for the aggressive ar 3)l()edy dd~rmined up~ and

now shgtrtly _tl be waged againt those countries

attacked by Jepan 1h l)oCeuro~bltr 1941

Thr-iughout all the perbd frnm 1932 to

1941 he was an eocrgetic member of the cinspiracy

alleged Ul Count 1 or tho Indictciont and 1a

accrdingly ndjudgcd guilty under that c~untamp

Nlt only did he CJllspire to wage

aggressive war but in his successibulle official

positions ho tok a direct part in the waging of

agfressivc wars es set out in Cunts 27 1 291 31

and 32 under allot which also he is adjudged

guilty

He has not been proved to have

participated in the wars charged in Counts 33 end

35 and of thse is found not guilty

There is no evidence cgtnnecting him

with the crimes charged ill Counts 54 and 55 and

rf thoso tlso he is found nt guilty

1164

ITlGMI Seish1ro

The accused is eharged under Clunts

1 27 1 2 31 1 32 33 35 36 54 end 55

By the year 1931 ITAGAKI then a

Colonel on the Staff of the Kwantung Army hed

joined the conspiracy the illlllediate object of

which then was that Jnpen should seize Manchuria

by force of arms He fanned the agitation 1n

support lf th1s aim hemiddot helped t0 engineer the

so-called 11lukdcn Incident as a pretext for

military action he suppressed several attempts

to prevent thct military acti ln he autn-irised

and directed that militrry ection

He next played a principrl part in

the intrigues which f-stcrec the sham mlvement

for the incependencc of 1anchuria am which

r0sulted in the establishment -f the puppet

state of Menchukuo

He became VicE-Chief Jf Staff Jf the

Kwantung irmy in December 1934 end thcruifter was

active in setting-up puppet regimes in Inner

ongolia md NJrth Chinn He wished to extend

Japen 1s military occupation into Outer ~~ng0lia

t serve ns a threat tJ the tcrritJries of the

ussR He wrs -ne of the coiners of the phrlse

11anti-CJmmunism to serve ES a prctcxt for Jrpanese

aggression 1n North China

When fighting broke out at Ierco Polo

Bride 1n July 1937 he was spoundnt from Japan to

China where he toJk part in the fl~ht1ng as a

Divisional Commander He fav)urcd the expansion

of the crea of agpression there

He becamo Minister of ~ar in the Konoye

Cabinet in May 1938 Under him the attacks n

China were intcnsified end extendEcl Ho was a

party to the important mini stcrial cgtnferences

which decided to attempt to destroy the Natinnal

G)vernment of China end to set up a puppet regime

in its stead He then was largely responsible for

the preliminary arrangements which JOSJl tcd in the

set ting-up )f the puppet regime of rang Ching-YTei

He took part in the arrangeaents for the exploitation

of the occupied areas -if China for the bcnefi t

of Jrpan

As Minister )f 1far in the HIBtJflJMA

Cabinet he was rgain responsible f)r the prosecutigtn

of the war against China and for the expansion of

Japm I s pound1rmeoints In the Cabineuro t he was a strong

cdvacate of an unrestricted m1l1tcry alliimce a11ng

Japan Gerc-~ny md Italy

As ~ar Minister he tried by a trick

to )btain the cgtnsent ot the Eperor to the use of

force against the ussR at Lake Khassan

SubsequEntly at a Five Ministers Clnfcrence he

)bta1ned euth)rity t0 use such force He was still

~ar Minister during the fightin~ et Noo0nhan

He WRS v str)ng supporter of the

dpoundclaratigtn of Jqian 1 s so-called New Order in

Last Asia rnd the Suth Seas He rec0gnised thrt

the ette~pt t) set UD the New Order oust lead to

war with the ussR France and Great Britain

who would defend their posseurossions in these arcaa

l166

Fr~ September 1939 ta July 1941 he

carried on the war against China as Chief of Staff

of the China rxpeditionary Jrmy

Fr0m July 1941 to April 1945 he was

Comcander-in-Chief of the Army in Korea

Frm April 1945 to the date of the

Surrender he commonded the 7th Area Army with Headshy

quarters in Singapore His subordinate armies

defended Java SUtietra ~alaya the Andunan and

Nicobar Islands and Bcirneo

Having conspired to wage wars of

aggression against Chine the United States of

Atlerica the British Commonwealth tlll Ncthulands

and the ussR he took an active and important

pert in waging these wars Vhich he knew were wars

f aggression

The Tribunal finds ITJ-GAKI guilty n

Cunts 1 27 29 3I 32 35 and 36 He is not


War Crirres

The area which ITAGAKI coclfianded from

April 145 ta the Surrender included Java Sumatra

lialay the Andaman and Nicobar Islands end Borneo

Meny thousands of prisoners of war and internees

were held in camps in these areas during the above

perid

According to the evidence which he

adduced these camps save thgtsc in Singapore were

ngtt under his direct cocusnd but he was responsiblti

for the supply of food oedicines and hospital

facilities to theo

During this period the conditions in

these camps were Unspeakcbly bnd The supply of

f1Xl medicines and hospitel facilities was gr1ssly

inadequ2te Deficiency diseases were remprnt and

as a result any persons died every day Those

who survived to the date or the Surrender were

in a piticble condition When the camps were

visited after the Surrender no such Cnditions

prevailed among tho guardsmiddot

ITAGAKI 1 s excuse tor this atrocious

trentMent 0f the prisoners and internees is that

th( attacks or the Allies on Jnpanose shipping had

riade the transportation 1f supplies to these arees

very difficult 11nd that he did the best he could

with the supplies he had After the Surrender

however supplies gtf rood and ~edicinc were oade

rva1lable by ITIGAKI s Army to the c ocrps in

Singapore Borneo Java and Sul~tra The

explraiation tcndercmiddotd in evidence end ergulent for

ITAGJCI is that the J3pancse were expecting n long

wor and were c1nserving supplies This amounts to

a contention thot IThGAKI was justified under the

prevailing circumstancesin treating the prisoners

and internees with gross inhumanity The Tribunal

hes no hesitatigtn in rejecting the defense If

ITAGAKI being responsible for suplies to many

thousnds of prisoners end internees found himself

unable to maintain them for the future his duty

under the Laws f er wcs to distribute such

supplies as be had and me2ntire to inform his

superiors that nrrnngcoents must be made if

necessery with the Allies fo-- the support of the

prisoners and inter2es in the future By the

p0l1cy i-ihich he adlpted he is responsible for the

deaths r sufferings of th0usnnds 0f people whote

adequate maintenanc~ was his duty

The Tribunal finds ITAGAKI guilty n

Count 54 As in the cnse f DOHIHARA the Tribunal

makes no finding n Count 55

KAYA Okinori

The accusec KAYA 1Smiddotcharged uncor Counts 1 1

27 29 31 32 1 54 and 55 KAJA w~s a civilian

In 1936 he was appointcd 3 Councillor or

theManchurian Affairs Buro3u grta in Fobriwry 1937

ho becaro Vice Hinistcr of Fin~ncc In June 1937

ho was appcintod Fingnco Mjnister in tho first Konoye

Cabinet which position he ht-ld until fay 193e In

July 1938 ho becarir Adviser to the Finsnce Ministry

In July 1939 he was appr-int_ed a romber of the Asia

Development Comrrittec an~ in August of tht yoDr

President of the North Chine Dovelopron~ Company in

which position he ramplainec until October 1941 1 when

he bEcaco Fintinco Utnister in the TOJO Cabinet Ho

redgnod as Financo Minister in February 1944 1 but

again bocamo Adviser to the Fin~ncci m nistry

In middotthcao positions he took part inmiddottho

formulaticn of the aggressive policies of Japan

and i_n the financial eccnollic ond incustria 1

preparation 1pound Jepe n for the execution of tho so

pcl1cies

Thro11ghout this period prrticululy as

Fi~ance Minister in tho first Konoye and TOJO Cabinets

and as President of tho North China Development Cocshy

pany ho was actively ongaguc in tho preparat1cn

tor and the carrying out of aggrossivo wars in China

an~ against the vrestern Fomiddot~rs Ho as an active

rombcr or the conspiracy alleged in Count lend is

adjudgid guilty uncur that Count

In tho various positions hole by hie KAYA took

a principal part in the waging of aggressive wgrs

as alleged in Counts 27 29 31 and 32 or tho

Indictrent He is therefore adjuoged guilty llllder

those Counts

Tho evidence does not aiscloso KAYA 1s

responsibility fer war crioes and accorc1ingly he is

founc1 not guilty under Counts 4 and

KIDO Ko1eh1

The accused KIDO Koichi is cherged under

Counts 1 27 29 31 32 33 35 36 54 end 55 From 1930 until 1936 KIDO was a mem~r or the

Emperors household in the position or Chief Secretery

to the Lord Keeper of the Frivy Se~ Durinf this

~er1oc he wes awere or the true neture or the military

end p_oliticel ventures in llenchurie Atmiddot this tiMe

however he was not essocieted with the conspiracy

whichmiddot heel been instituted by the m111tary end their

supporters

In 1937 KIDO Jofoed 1he first Konoye Cabinet

~s aucampt1on 141n1ster end for a period vies Welfare

~iriieter On the acce~sion of HIRINUMA es Prime

_Minister in middot1939 KIDO continued es s member or the

Cebinet until Aufust 1939 lith the portfolio or Home

Atfeirs In this perioe from 1937 to 1939 KIDO eaopted

thbull bull1ews or the conspirstorsmiddotend cevote~ himself

who1eheertedly to their policy The w~r in China

hedmiddotentered into its second phase KIDO was zeelous

in the pursuit or thet wsr even resistinf the efforts

of the General Sterr to shorten the war bt ~~kinf terms

with Chirie Hewes intent on the comolete military

end political cominetion of China

Not only did KIDD thus sup~ort the ~lens of

the consoiretors in Chine but es Educ~tion llinister

he ep~lied himself to the cevelopment or a st~onrwershy

like spirit in Jepan

Between Aurust 1939 enc June 1940 ~hen he becsme

Lorder Keeper ef the Privy Seel KIDO wes active with

Konore in the ~evelopment of e scheme to replace the

existinr politicel parties bye sin~le ~erty of which

Konoye wes to be Fresieent ene KIDO Vice Fresieent

1172

This one party system was expected tq give Japan a

totalitarian system and thus remove political resistance to

the plans of the conspirators

As Lord Keeper of the Privy Seal KIDO was 1n

a specially advantageous position to advance the

conspiracy His principal duty was to advise th~

Emperor He kept in close bgtuch with political events

and was on terms of intimate political and pe~sonal

relationship with those most concerned His position

was one of great influence He used that inrluence

not only with tb8 Emperor but also by political inshy

trigue so as to further the aims of the conspiracy

He shared those aims which involved the domination of

China anl the whole of East Asia as well as the areas

to tm south

As the time approached for the commencement of

war against the western Powers KIDO displayed some degree

of hesitation because doubts of complete success were

entertained within the Navy Even in this state of

timidity KIDO was determined to pursue the aggressive

war against China and lent himself although now with

less confidence to the projected_ war against Great

Britain and the Netherlands and in case of need against

the United States of America vben the doubts of the

Navy had been overcome KID0 1 s doubts seem also to have

been removed He resumed his pursuit of the full

purposes of the conspiracy He was largely instrumental

1n securing the office of Prime Minister for TOJO ilho

until now had been a determined advocate of bunediate

war with the ~estern Powers In other ways he used

his position in support of sue~ a war or purposely reshy

frained from action which might have prevented it He

refrained from advising the Emperor to take any stand

i173

ag)inst war either at the lnst or ecrlipoundr when lt

might have been morE) effectivebull

The Prosecution hns tendered no evidence

pointing to guilt in KIDO for the wars referred to

1n Counts 33 35 andJ6

As to wor crimes KIDO was a member of the

Clbinet when the atrocities were committed at Nonk1~

Thpound evidence is not sufficient to attach him with

responsibility for failure to prevent them Dur1ngmiddot

the war ag3inst the Western Powers in ~941 anc1 there

efter KID0 1 s position was such th~t he cannot be held

ro spons i ble for the a troc1 ti~ s commt ted

KIIXJ-ts found guilty ot tho charges 1n Counts

1 27 29 31 and32 and not guilty under Counts 33 35

36 54 nnd 55

KIIURA Heitaro

CIMURA is incicted under Counts 1 27 29

31 32 54 and 55 KillURA ~n ermy officer during the greater

part or tho period under consideration ~as engaged

in administrative work in the Va~ Ministry cul~inating

in his becolling Vice Minister or War in April 1941

Later he was appointed Councillrr or the Planning Board

middot~nd Councillo~ ot the Total W31 Research Institute In March 1943 ho was relieVod or the post of Vice War

Minister enc in iugust 1944 he became Comronder-inshy

Chiet of the Burta Ares rty which post he held until

the 1urrender of Jopcn in1945

-Ouring his service as Vice 11ar inistermiddotin

olriost caily contact with the war Minister and otrer

Mlnj stars Vice mnist0rs and Bureau Chiefs he wu

1n a position to loarn and was kept fully inforoed of

allmiddot governoont d0cisions end acti~n during the crucial

negotiations with thl us~A He hod run knowledge or

the plans amiddotnd preparations for the Pacific yenor and the

hostilities in China Throuchcut he collaborated and

cooperated with tho War Minister and tho other Yini~tries

troo tit1e to tire giving advice based on his wide

experience wholeheartedly supporting the aagresshe plans

Though not a ledar he took part 1n the tormUlashy

middottion end develcpment or policies which were either

initiated by hirrseli pr proposod by_the 1lenral start

or other bodies 3nd 3pproved and supported bi hie In

this way- he was amiddot valuable collaborator or accomplice

in the conspiracy to wage aggressive war~

Concurrently with his activities as one of the

conspirators as CotlUlnd~r or a divis1on~n 1939 and 1940

then as Chief or Staff of the Kwantung trey ~nd later

as Vice war Minister he pleyed a protlinent part in

the crmduct of the war in China and in the Pacific

War Possessed with full knowledge of the illegality

of tho Pacific War 1n Augu~t 1944 ho took coIlll1and

of tho BurN Atoa Arcy and so continued until the

Surroncer

In a positive way he was s party to breaches

of the Rules of ~ar in thet ha approved the acploymcnt

cf prisoners in tDny instmces 1n work prohibited by

the Rules me in work uncer ccnditions resulting in

the greatest hlrdshir and tho de9ths pf thous9nds of

prisoners An oxoriple of th( latter CDSe is tho

ecplcyricnt of prisoners in the construction of tho

Burra-Siom Railw~y the orcers fer which w~ro approve~

ma pssed on by KIMUR

Furtherrroro with knmvL1r ge of the extent

of tho atrocities COL1itted by Japanese trc~ps in

all theDters of war in Aurust 1944 KDURA tock OV(r

corroJnd cf the Burno Area Arey Fror tho coto of his

arrival at his Rangoon Ho3cquarters nn~ 13ter when

his heacquortors wis tovc to Moulrroin the atrocities

continued to be corrittoc 10 an undininished scale

Ha tock no disciplinary neasures or other steps to

prevent tho crit1riissicn of atrocities by tho troops

under his cor~anc

It his boon urecc in KHURJ 1 s cofence that

when he arrived in Burm ho issuec ircors to his trinps

tc conduct thccsclves in 1 prcpor soldierly o~nner

and to refrain free ill-treating priscners In view of

the nature cnc1 extent rf the ill-treatc6nt of priscners 1

in rony cases one large scale within a few ciles of

his headquarters the Tribunal finds thet KilURA was

1176

negligent in his du~y to enforce th~ rules of war

The duty of an arwy conwmdermiddot in such circunstances

is not discharged by tho more issue of routine orders

if indeed such orders were issued His duty is to

take such steps and issue such orcers as will prevent

thereafter the commissibn of war crires and to satisfy

hi~self that such orders are being carried out This

he did not do Thus he deliberately disregarced his

legal cuty tn take adequate steps to prevent breaches

of the 1amiddotyenS of war

The Tribunal fines KIURA guilty uncer Counts

1 27 29 31 32 54 and55

KOIS0 1 Kunicki

KOISO is charged under Counts 1 27 29 31 32

36 54~ one bull

He joined tho conspiracy in 1931 by port1cipnting

1s one if the leec1ers of the lforch Incident the purpose

or which was to overthrow the Homaruchi Government and

put in office a g~vcrnncnt fnvourable to the occu~ntion

or Manchuria Therenftcr he rlayed a leering role in

the develo~ment of the Joranese plans for expansion from

Aurust 1932 when he was apointed Chief-of-Stoff of the

Kwantung Jrriy

s Chief-of-Staff of too Kwontung rmy from

August 1932 to Mnrch 1934 he prepare(]middot or concurred in

proposnls end plans submitted to the Governricnt through

the Viar Ministry for the political mil economi~ orrnnshy

ization of Hanchukuo according to the policy of the conshy

srirltors os adopted by tho JPOnesc Government It is

urred in his defence thnt in forwarding proposals and

lans to Tokye he cid so merely as Chief-of-Stoff rnd

that such action did not imort his personal opi_lovel

In view of his knowledge of the ngrressive plnns of

Jigtran the Tr1bun1o1l cannot nccert this lea He went

beyon~ the scope of the norrinl cutic s of a Chief-ofbull

Staff in advising 011 political nnd ccononic matters tbull

further these plans

lhile he was Chief-of-Staff there also Occurred

the military invos1on of Jehol anc1 renewed fighting in

tnnchuria

middot tater as 1verscas Uiriistcr in tho H1rnnume and

Yonai Cabinets KOISO supportc~- Pnq_ took pnrt in the

direction of tho war 1n Chna the beginning of the

occupation or French ndo-China and the negotiations inshy

tended to obtain concessions from end eventual economic

deminetion of the Netherlands East Indies middot

D1tring the same period he advocated the plan for

Japan to advance in all directions

In July 1944 KOISO was recalled from his post or

Governor or Korea to become middotPrime Minister n that

CPecity he urged end directed the waging of the war

against the Western Powers He retired as Prime Minister

to make way for the Slruki Cabinet in April 1945 when it

became clear that the bullar was lost for Japan

There is no evidence that he played any p11rt in the

hostilities at Nomohhan either by organizingor directing

them

llar cr1mu Vlhen KOISO became Prime Minister in 1944 atrocities

and other war crimes being ~ommitted by the Japanese

troops in every theater or war had become ~o notorious

that it is improbable that a man in KOIS0 1 s position

would not have been well-informed either by reason of

their notoriety or from inter-departmental communications

The matter is put beyond doubt by the feet that in

October 1944 the Foreign Minister reported to a meeting

of themiddot Supreme Council for the Direction of War which

KOISt attended that according to recent information

from eremy sources it was reported that the Japanese

treatment or prisoners of war left much to be desired

He further stated that this was a matter of importance

from the point or view of Japans international reputashy

tior and future relations He asked that directions be

issued to the competent authorities so that the Matters

might be fully discussed Thereafter KOISO remained

1179

Prime Minister for six months during which the Japanese

treatment of prisoners ond internees showedbullno improveshy

m~nt whntevcr This amounted too deliberate disregard

of his euty

The Tribunal finds KOISO guilty under Counts 1

27 29 31 32 nnd 55 He is not guilty under Counts

36 ond 54

fATSUI I Iwanamp

The accused MATStTI is charged under Counts 1 27

29 31 32 35 36 54 and 55 lATSUI was a senior Officer in the Japanese Army

and attained the rank of General in 1933 He had a

wide experience in the Army including service in thJ

Kwantung Army and in the General Starr Although his

close association with those who conceived and carried

out the conspiracy suggests that he must have been aware

or the purposes and policies or the conspirators the

evidence before the1 Tribunal does not justify a finding

that he was a conspirator

His military service in China inJ937 and 1938

cannot be regarded or itself as the waging or an

aggressive war To justify a conviction under Count 27

itmiddotwas the duty of the prosecution to tender evidence

which would justify an inference that he had knowledge

of the criminal character of tujt war This has not been

done

In 1935 1ATSUI was placed on the retired list but

in 1937 he was recalled to active duty to command the

Shanghai Expeditionary Force He was then appointed middotmiddot

Commander-in-Chief of the Central China Area Army which

included the Shanghai Expeditionary Force and the Tenth

Army With these troops he captured the city or Nanking

on 13th middotoacember 1937

Before the fall of Nanking the Chinemiddotse forces

withdrew and the occupation_was ofa defenceless city

Then followed a long succession of most horrible

atrocities committed by the Japanese ArDY upon the helpshy

less citizens Wholesale massacres individual murders

1181

rape looting and arson were committed by Japanese solbull

diers Although the extent or the middotatrocities wee denied

by Japanese witnesses the contrary evidence of neutralmiddot

witnesses or different nationalities end undoubted

responsibility is overwhelming This orgy of crime

started with the capture of the City on the 13th

Decenber 1937 and did not cease until early in February

1938 In this period or six or seven weeks thotbullsands or

women were raped upwards or 1001000 people were killed

end untold property was stolen and burned At the height

of these dreadful happenings on 17th December~ VATSUl_

made a triumphal entry intothe City and remained there

from five to seven days From his ownmiddotobservstiona and

from the reports or his steff he must have been aware or

what was happening He admits he _was told ot some de

gree of misbehaviour of his Army by the Kempeitai and

by Consular Officials Daily reports or these atrocities

were made to Japsnese diplollatic representatives in

Nanking who in turn reported them to Tokyo The Tribull

bunal is satisfied thst MATSUI knew whet wss happening

Hedid nothing or nothing effective to abate these

horrors He did issue orders betoremiddotthe csptura ot the

City enjoining propriety or conduct upon his-troops ftnd

lster he issued further orders to the same purport These

orders were or no effect as is nowknown and as he must

have known It was pleaded_in his behalf that at this

time he was 111 His illness wasnot sufficient to pre~

vent his conducting the m1litar1 operations or his comshy

mand nor to prevent his visiting the _City for days while

these atrocities were occurringbull He was in command of

the Army responsible tor these happen1n1rs~ He knew or them He had the power as _he had t_he duty to control

his troops and to protect the unfortunate citizens of

Nanking He must be held criminally responsible for his

failure te discharge this duty

The Tribunal holds the accused 1ATSUI guilty under

Count 55 and not guilty under Counts 11 27 29 1 31 1 32 1

35 36 and 54

1HNAlfI 1 Jiro

MIRAMI is c~arged under Counts 1 27 29 middot31 32

54 and 55

Ih the year 1931 ]INAMI was a General and from

April to December he was Minister of War Prior to the

Mukden Incident he had already associated hiPlsel_f l11ith

the conspirators in theiradvocacy of militarism of the

expansion of Japan and of Manchuria as the lifeline

of Japan He was forewarnedof the likelihood of

the incident occurring He was ordered to prevent it

He took no adequate steps to prevent it ihen the inshy

cident happened he described the action of the Army as

righteous self-defence The Cabinet at once decided

tbat the incident must not be expanded and lINAlI agreed

to put the policy of the Cabinet into effect bnt day

after day the area of the operations expanded and NINAPI

took no adequate steps to restrain the Axmy In the

Cabinet he supported the steps taken by the Army He

eerly advocated Japans withdrawal from the League of

Nations if that body should oppose the actions Japan

had taken in China The Cabinet decided that there should

be no occupation of 1anchuria and no military adminisshy

tration MINA knew that the Army was taking steps to

carry both those measures into effect but did nothing

to stop it His failure to support the Premier and

Foreign Jinister by taking steps to control the Army led

to the downfall of the Cabinet Thereafter he advocated

that Japan should take over the defence of anchuria

and Mongolia He had already advocated that a new

state must be founded in Manchuria

From December 1934 to ~arch 1936 he was Commandershy

in-Chief of the Kwantung Army completed the conquest

of Manchuria and aided in the exploitation of that part

of China for the benefit of Japan He ~as responsible

for setting-up puppet governmen~s 1ll orth China and

Inner rongolia under the threllt of military action

He was in part responsible for the development

of anchuria as a base for an attack on the usmiddotsR and for plans f9r such an attack

ue became Governor-General of Korea in 1936 and i~

1938 supported the prosecution ormiddotthe war afainst China 1

which he called the Holy War and the destruction

of the Nat1onal Govertlllent of China

The Tribunal finds MI~AMI guilty on Counts 1 and

27 He is not guilty of the charges contained in Counts

29 1 31 32 54 1 and 55

imo M1t1

The accused is indicted under Counts 1 27 29

31 32 33 36 54 and 55

He was a soldier and prior to holding the important

post of Chief of the Uilitary Affairs Bureau of the

linistry of War he held no appointment which involved

the making of high policy Further there is no evidence

that in this earlier period he alone or with others

tried to affect the making of high policy

When he became Chief of the yenilitary Affairs Bureau

he joined the consoiracy Concurrently with this post

he held a 111lltiplicity of other posts from September

1939 to April 1942 During this period plannine preshy

paring and waging wars of agression on the part of the

conspirators was at its height He played the part ot

a principal in all these activities

When ho became Chief of the lilitary Affairs Bureau

the fighting at Nomonhan was over He had no pert in

the waging of this war

~e was Chief-of-Staff in the Philippines when Japan

attacked France in French Indo-China in arch 1945 He

had no part in the waging of this war

middotThe Tribunal finds L1TTO guilty on Counts 1 27 middot29

31 and 32 He is not guilty on Counts 33 and 36

War Crimes

lUTO was an officer on the Staff of YATSPI from

~ove~ber 1937 to July 1938 It was during this period

that shocking atrocities were committed by the Arrrt7 ot

)ATSUI in and about Nanking We have no doubt that lTJTO

knew as lATSUI knew that these atrocities are being

oClllllitted over a period of many weeks bull His superior

took no adequate steps to stop them In our opinion

1186

MUTO in his subordinate position could take no steps

to stop them MUTO is not responsible for this dreadshy

ful affair

From April 1942 to October 1944 MUTO comnanded the

Secom Imperial Guards Divislon in Northern Sumatra

During this period 1n the area occupied by his troops

widespread atrocities were committed for which MUTO

shares responsibility Prisoners of war end civilian

internees were starved neglected tortured ani murdered

and civilians were massacred

In October 1944 MUTO became Chief-of-Staff to

Yamashita 1n the Philippines He held that post until

the Surrender His position was now very different

from that which he held during the so-called Rape of

Nanking He was now in a position to influence

policy During his tenure of office as such Chietshy

of-Staff a campaign of massacre torture and other atroshy

cities was waged by the Japanese troops on the c1 vilian

populationmiddotarn prisoners of war anl civilian internees

were starved tortured and murdered KUTO shares

responsibility for these gross breaches of the taws or

war We reject his defence that he knew nothing of

these occurrences It is wholly incredible The Trishy

bunal finis KUTO guilty on counts 54 and 55

OKA Taira smicrom1

OICA is charged in Counts 1 1 27 1 29 31 32 1 4

and ot the Indictment

OICA was an officer in the Japanese Navy In

October 1940 he was promoted to Rear Admiral and

became Chief or the Naval Affairs Bureau of the Navy

Ministry

OICA was an active member of the conspiracy during

his terrure of office as Chief of the Naval Affairs

Bureau from October 1940 to July 1944 In this office

he was an influential member of the Liaison Conference

at which the policy of Japan was largely decided He

participated in the formation and execution of the policy

to wage aggressive war against China and the Western

Powers

War Crimes

There is some evidence tending to show that OYA

knew or ought to have known that war crimes were being

committed by naval personnel against prisoners of war

with lihose welfare his department wes concerned but it

falls short of the standard of proof which justifies

a conviction in criminal cases

The Tribunal finds OKA not guilty on Counts 4

and 5 and guilty on Count~ 1 1 27 29 31 and 32

osg Hiroshi

OSHDiA is indicted under Counts 1 27 29 31 32

$4 rnd 55 OSHDU en Army ltfficer wrs enrrged during the

period under review in th~ dinlowtic field He wrs first

MilitPry Attrche or the Jepenese Embessy in Berlin ltter

being ~rcmoted to the post or Ambrsseaor Belding no

diplo111Ptic post for ebout one yerr from 1939 he returne4

to Berlin rs Ambrssedor ~here he remrined till the

Surrender or Jepen

A beli1vtr in the sucof ss of the Hitler Refime

frcrn his first rppointment in Berl~n OSHIMA exfrted

his tull efforts to rdvrnce the plrns cf the Jrprnese

militrry At times yoinr over the herd or the AmbeSSPbull

dor hr derlt directly with Fpreifn Minister Ribbentrop

in en encervour to involve Jrprn in r full militrry

rllirnce with Germrny Upon his eppointment rs Ambessrshy

dor he continued his efforts to tcrcr the rcceptrnce by

Jrpen ct e trerty which would rlign Jrprn with Gerrneny

rnd Itrly rrrinst _the Western Po~ers rnd thus open the

~ry for putting into execution the HIROTA policy In

furthrrnce cf the rrgressive nclicy ltf the Army fection

he rrp~etedly ~ursued r pclicy in opposition tc end

in Mfirnce cr thrt Cf his Foreign Minister

The Scvict-Gcrlllln Neutrrlity Fret tpoundmporrrily

blockc~ his scheme$ He then returned to TCkyo rnd

there supported the nroponents of wrr by rrticles in

newsprrs rnd mrgrr1nes end ty closely cooperrtinr

with tht Germen AmbtHrdor

OSHIKA was one or the principal conspirators and

consistently supported and promoted the aims of the

main conspiracy

He took no part in the direction of the war in

China or the Pacific War and at no time held any post

involving duties or responsibility in respect of

prisoners

OSHilAbulls special defence is that in connection

with his activities in Germany he is protected by

diplomatic immunity and is exempt from prosecution

Diplomatic privilege does not import immunity from

legal liability btgtt only exemption from trial by the

Courts of the State to which an Ambassador is accredited

In any event this immunity has no relation to crimes

against international law charged before a tribunal

having jurisdiction The Tribunal rejects this special

defence

The Tribunal finds OSHUA guilty under Count 1

He is not guilty under Counts 27 29 31 32 54 middotand 55

suo tenryq

The accused SATO Kenryo 1 is charged under C01111ta middot

l 2 29 1 31 1 32 54 and 55 In 193 SATO then a member of the Military Afta1ra

Bureau wAs promoted to the rank of Lieutenant Colonel

In that year he was appointed an Investigator of the

Planning Board Thereafter in addition to his du~ies in

the Military Affairs Bureau he had other duties not

only with the Planning Eoard 1 of which for a time he

was Secretary but also with other bodies in greater or

less degree connected with Japans war in Chi~a and its

contemplated wars with other countries

The Konoye Cabinet presented the General lobilbabull

tion Law to the Diet in February 1938 SATO wes e~ployed

as an explainer and made a speech before the Diet in

support 0f the measure

In February 1941 SATO was appointed Chief f the

Military Affairs Section of the Military Affairs Bureau

He was promoted to Major General in October 19410 middot In

Aprii 1942 he became Chief of the V111tary Artair

Bureau a position of considerable importance in the

Japanese Army This position he held until 1944~ Conbull

currently he held a variety of other appointments mostly

concerned with other departments or state whose activishy

ties he linked with the Ministry or War

It was thus nt until 1941 that SATO attained a

position which by itself enabled him to influence the

making of policy and no evidence has been adduced that

prior to that date he had indulged in plottin to

influence the making of policy The crucial queatioa

is whether by that date he had become aware that Japanbull

de1igna were criminal for thereafter he turtherod the

deTelopment and execution of theeo desfgns so fer as tw

bullbullbull able

The middotmatter h put beyond reasonable doubt by a

speech which middotsATO del~veradin AuFUst 1938bull He states

the Army point of ~iew on the war Jn China He shows

complete am111ar1tY with the detailed terms never

revealed to Chin UPOn which Japan was prepared to

Mttle the war against China These on the face or

them plainly involved the abolition or the legitimate

l()IOrnment or China recognition-or the puppet state or

Manehulruo whose resources ~ad been by this time largely

)XJ)lo1ted for Japanbull s benefit regimentation or tho

ec0nan7 or China tor Japans benefit and the stationing

of Japanese tloops in China to ensure that these illicit

gainbull would not be lost middotHe states that North Chine

would be put completely under Japans control and its

resources-developed for national defenceie to aid

in Japanbull s military preparations Ho predicts that

Japan will go to war with the ussR but sys she

bullbull111 select a chance when her armaments and production

hen Ileen eJCpanded

This spoech shows th11t SATO did not believe that

middot Japans actions 1n China had been dictated by the wish

to secure protection tor Japans legitimate interests 1n

China as theDefencemiddotwould have us believe On the conbull

tr-ery he knew that the motive tor her att11cks on China

bullbull~ to seize the ~ealth or her neighbour We aro of

opinion that SATO having that guilty kno~ledge was

clearly a member or the conspiracy from 1941 onwards

lberuarter in importan~ pos~s 1n the Goverment

and as an Array CoIllllander ha waged tiers or aggression as

charged 1n CCIIUlte 27 29 31 and 32

war cr1mes There is no doubt that SATO knew of the many

protests against the behaviour or Japans troops tor

these protests came to his Bureau and they were disshy

cussed at the bi-weekly meetings of Bureau Chiefs

in the War Ministry TOJO presided at these meetings

and he it was who decided that action or inaction

should be taken in regard to the protests SATO

his subordinate could not initiate preventive action

against the decision of his chief

The Tribunal finds SATO guilty on Counts 1

27 29 31 and 32 He is not guilty on Counts

~~~

1193

The rccuscd is chrrrcd unecr Ccunts 1 27 29 31

12 33 35 54 me 55

Js tc Count 1 his rcticns rrr chrllcnged when he

rs Minister tQ Chinr in 1931 rnc 1932 when he wrs

Ccunc1llor cf the BCpound rd cf Mrnchurirn Affrirs lhcn he

wrs Arnbessrdrr t0 the ussR frcn 1936 tr 138 when

he wrs llbrssrdcr tc Grert Britein frcM 1038 tc 1941 rnd

when he wr s Anbr ssrdcr tc Chinr during the years 1942

rnd 1943 There is n0 eviccnce tht he plryed rny ~rrt

in the rking cfpclicy rs C0unciller cf the Borrd of

14-nchurien Jffrirs For the rest ~c find thrt SHIGEMITSU

es Minister end poundnbrssrdrr never exceeded the functirns

prccr tc thesr cfficcs During the ycrrs ll-rve nnticned

he WPS n0t cne rf thE censpirrt0rs Indeed he rioertedly

grve rdvice to the Foreign Office v1hich lrs 0ppcscd to

the pelicies cf the ccnspirrtors

By the yer 1943 ~hfn he beereuro Foreifn Minister

the pclicy cf the c~nspirrtors to wege certrin wrrs cf

rggressirn hrc been settled rnd rs in ccurse of execushy

tion Thererfter there WPsect nc further fcrllllrtirn ncr

develClJMent cf thrt prlicy

The Tribunrl finds SHIGEMITSU n0t ruilty rn Ccunt 1

In 1943 his ccuntry wrs engrgcd in the ~rr in the

Frcific He wrs fUlly rwrre thrt sc frr rs JrpPn rs

Cncerncd thrt wtr wrs e wrr cf rrfressicn fcr he new

cf the policies --f the crnspirrtors which hrd crused the

wrr rnd indeed hrd rften r cviscd thrt they shculd net

be put intc effect Nevertheless he ncw plryed r prinshy

ciprl pert in ~rging thrt wrr until he resifnfd en 13th

lprU 1945

The Tribunal finds SrlIGEMITSU guilty on Counts

27 1 29 1 31 1 32 and 33 He is not guilty on Count 37

War Crimes

During the period from April 1943 to April 19471

when SHIGEMITSU was Foreign Minister the Protecting

Powers transmitted to the Japanese Foreign Office proshy

test after protest which it had received from the Allies

These were grave protests forwarded to the Protecting

Powers by responsible a~encies of state and in ~any

cases accompanied by a wealth of detail The matters

of protest were (1) inhumane treatment of prisoners (2)

refusal to permit the Protecting Powers to inspect all

save a few prisoners camps (3) refusal to permit the

representatives of the Protecting Powers to interview

prisoners without the presence or a Japanese witness

and (4) failure to provide information as to the names

and location of prisoners The protests were dealt

with in the Foreign Ministry in the first place Vhere

necessary they were passed to-other ministries with reshy

quests for information to enable the Foreign Minister

to reply to them

One cannot read the long correspondence between

the Japanese Foreign Office and the Protecting Powers

without suspecting that there was a sinister reason for

the failure of the Japanese military to supply their Forshy

eirn Office with satisfactory answers to these protests

or at the least that there was a case for an independent

inquiry by an agency other than the military whose conshy

duct was in question Protest after protest went unshy

answered or was only answered after months of unexplained

delay Reminder after reminder by the Protecting Powers

went unnoticed Those protests which were answered were

rnpoundt with0ut euroXCeption bye deniel thrt there 1fS Dnything

tc crlplPin cf

Now it wrs thE highest c1erru u11l1keuroly thrt every cne

cf the- crrn~lrints MlCe by responsible pe0ple rnd ecshy

crprnied by circuMstrnce t-nc1 c1eteil wrs crllpletely unshy

justified Moreover the refusel 0f the nilitt-ry tc ~Errnit

inspectirn cf crmis their rEfusrl tr perrit the

representetives 0f the Protecting Pcbullers to interview

pris0ners wi thcut the presence of e Jrpenesf wi tne-ss rgtnd

thdr fr ilurE tC1 provide c1etdls rf the prisnners in their

hrnc1s grVE rise tc thE suspicion thrt they hetI s0rnething

t0 hiee

ViE do no injust1cpound to SHIGI MITSU when we hrld thrt

the circUMstrnce~ es he knew theonrde him suspicious

thrt the trcEtment 0f the prisoners wes net rs it shculd

hrve be en Indeed r witness fFVe evidltmce fer hiri to

thrt EffPct Thereupcn he tork nc rceaut-tE steps tc hrve

the lPtter investifrted rlthrmiddotugh he FS r nc-nber 0f the

grvernnent bcrc 0vErheee respcnsibility fer thr bullelf1re

rf the ryriscners HE sh0uld hrve prEssed the r1ttcr if

necrssrry tr the print cf resigning in 0rder tr quit

hilself rf r respcnsbility 11iich he suspectec 1rs net

being dschrrged

Thuc is n0 evid( netmiddot thr t SHICEMIWU crderec ruthcrshy

izEc1 er ryErnttcc the crr~issirn 0f wrr criles er crilles

Ffrinst hunt-nity Th Tribunrl fines SHIGUUTSU net

fUilty rn Ccunt 54

The Tribunrl finds SHIGEPITSU guilty on Ccunt 55

In litigrtirn rf sntEnce we teke intc FCccunt thrt

EHlGIJITSU wrs in nr wry invclvcd in the fcrrvliticn of

the crnfpincy thEt he wqbulled nc wrr cf tffresson until he

be care Fnnign 1inisttr in Jpril 1943 by vhich tine

his CCuntry wr s eHllY invclvcc in e wrr which wrgtuld

vitrlly effect its future rnd in the ~rtter Cf wrr

crfrc s thr t tht nilitrry ccnryl_e tdy crntrrgtllec J F Plln

~hile ht ~rs Fcreign Vinistr sc thrt it ~rule hrve

reouirec grert rcsrlutirn fCr rny Je~Pnese tC CCndcrn

then

1197

SHIMADA I Shigetaro

Thi accused is chorrcc unccr c-unts l 27

29 1 31 32 1 4 ond

Until Octcbir 1941 SHIJADA pleyed nothing but

tho rnlo )f a naval officer cirrying out his cuties

os such one until th~t cote halt nc part in thi conspJrc-cy

In October 1941 he was a Senior Navnl Officer

eligible for the pecst of Navy llinistcr Re bccare

ll9vy Unister in the TOJO Cabinet anc hole that office

until Auust 1944 Fer o pcrLtl of six 1rnths fror

Febru9ry to hu~ust 1944 he was also Chief cf the Navy

Geniril St9ff

Frrr the forratirn rf theuro TOJO Cabinet until

tle 11cstrn fo-icrs wrre attoclrnc~ by Jarcn on 7th I

Deecrber 1941 ho tJok part in nll the cJcisions r3d~

by the consrirat-rs in plannin7 qnd l11unching that

attack Hu rove as his rellson for efcpting this

ectirsc of C ncuct that tho freezing orders _were

str1rngl1ng Japrn and w~uld gr9dually renuce her apility

to fight that there was cconoric anc nilitory

cncirclcrent 11 of Jnpon that tho United States of

-rcrica WlS unsynpathctic 3nc unyielding in the

ncgctiati~ns one th~t tho aid given by th0 Allfos to

China had raiscc bitter feeling in Jaran This cefence

lc9ves out of account the fact that the gains to

retain which ho was feterrincd tc fight ~erc 1 to

his JltneowlfJdge goins Jopm h3 icquirec in years cf

a[[r0ssivo w1r The Tribunal hs nlro~dy fully examined

this tcfonc0 1nc rejected it

lftcr 1ar middot-~13s cucliruc1 he playic a -rrinciral

pnrt in w~ging it

Tho Tribunal fines SHHIJDt guilty an Ccunts 1 1

27 1 29 31 nn1 32

Wnr Crircs

Src rost cisgaceful rassacrcs anc nurcers

of priscncrs were corTittec by rrcrbcrs of the Japamse

Novy in the isl3nds of the Pacific Oce~n 3n ~n the

survivors of torpccbelt ships Th0se ireriately

rcmiddotsponsiblo rangoc~ in rank frcr Adririls cownwrcs

The evi~ence hcwever is insufficient to

justify a finding that SHIltDA is responsible for

thesse natters I that he ororec 1 authorizec or porrritted

th0 ccnrissicn cf w3r crheS or that he know they

bull10rc boing coniittcd inc fllile- to toke acaquate steps

tc prevent their con1ssion in the future

The Tribunal fines SHI1LDA rct gu~lty en Ccunts

54 anc 5

SHRATCJRI T-shio

The accused is indicted under Counts 1 27 29 1 31 1

and 32

He entered the Japanese diplomatic service in 1914

He first comes int~ prominence as Chief of the Infnrnati-n

Bureau of the Foreign Office I which p-st he held froc

October 1930 to June 1933 In that position he justified

Japin 1 s seizure of Manchuria to the Press -f the world

No doubt it was dictated to hie that he should do so but

it is characteristic middotmiddotf the accused I s activities then and

thereafter thit he was not ccmiddotntent to perfrn whatever

night be his duties at the tioment Thus early he was exshy

pressing vievis on tiatters lf pclicy 1 vieHs which re11eived

consideration in high quarters He early advccated that

Japan should withdraw from the League if Natinns He

supported the setting-up of a puppet governtient in Manshy

churia From this period dates his supp-rt of the aims

of the enspirocy 1 a support which he crntinued to aff0rd

for many years and by all the aeans in hls power

He was Minister to Sweden froc June 1933 to April

137 Certain letters of his show his views at this tioe

In himiddots opinion Ru~sian influencemiddot should be expelled from

the Far Last by force if necessary and before she became

too strong to be attacked He was further of opinion that

such foreign influences as might middotbe thought to be harcful

to Japanese interests should be excluded from China and

that JapaneSlt diplomats should support the pnlicy of the

militariats He showed hi~sclf a whnle-heartcd believer

in aggressive war

Returning t- Japan he published articles advocating

a totaltsrian form of govornc( nt for Japan ~d an cxpDIlshy

sionist policy for Japan Germany and Italy

hen the negltiatilns fir an alliance am0ng Jopan had

Germany and ltdlycomrocnced he was epplintcd Ambassashy

dir to Rome ip Septeciber 1938 In these negltiations ho

collaborated withthe accused OSHIMA then Ambassador to

Berlin in support of the cgtnspirators who insisted on

a genePal military alliance among those countries He

went so far as to refuse to cc~ply with the 1nstruct1ns

of the Foreign 141n1ster who wished a more limited a111~ncc

only He and OSHIMA threatened to resign if the wishes of

the Clnspirators were nlt mlt

When Japan delayed t)o long and Gcr11ony signed a

non-aggression pact w1 th the u s S R the negotilltions

brnkc down for Japanese opinion Cmm0nly regarded this ai

a breach lf the Anti-Clmintern pact SHIRATCIRI returned

t Japim vhere he carried on propaganda designed to excuse

Germanys nctiln and to prepare the way flr -the general

military nllionce with Germany and Italy which he still

ttought necessary to support Japcnesc exprmsionist nims

In his properanda at one t 1me or another he ad vacated a 11

the objects of the conspiratrs1 that Japan should

attack China that Japon should attack Russia that Japnn

should ally herself with Gcr11any and Italy that she sould

take determined actin against tho cstern Powers that

she should establtsh the New Order11 1 that she should

seize the chnncq 0ffered by the Eurlpean 11flr to odv1mce

ti the South thatmiddot she sh~uld attack Singapore ~nd so

on This propaganda was Clntinued while he wes advisor

to the Foreign Offfce fr)m August 1940 t0 July 1941

He b0ccmc ill in April 1941 and re~igned the posi tion

of advisor to the Foreign Office in July of that ycEgtr

Thereafter he plays no iciportant part 1n events The

Tribunal finds SHIRATORI-guilty on Countmiddot l

H~ n~vcr occupied such~middot posit1Qn os W)llld justify

i finding thnt he wogcd lflY m1r f oggrcsion The

Tr1buruil finds SPIRATCllI n~t guilty middotn c~unts 2 29 31

nnd 32

1202

SUZUKI Tc 11chimiddot is chrrged in CCunts l 27 29 _31

32 35 36 54 and 55 0f the Inaictritnt

SUZUKI wos it soldier A-s e Lieutenant CClltne) end

llcmiddotrobcr cf the Jlilitery Affeirs Bureau in 1932 he wes en

ective lcmbcr Cf the er nspirecy After the essessineti0n

cf PremiEr Inuluai in Mey 1932 he said that similer ccts

Cf viClcncr rule recur if neVI Crbinets llcre crgrnizcd

undeuror prliticel lcec1crshi-p and he fev0red the fcrnctiCn

cf E cceliticn gcvcrnmrnt The ltbject lfS tc secure e

lCvcrnmcnt which WlUld sucrt thr schcnc s ltf the ccnshy

spiret0rs eee1nst China

During his service with the Bureau hcinsistec that the ussR ymiddotes thr ibsClutc cncmy Cf JEorn End Essistcd

in the prcper1t1Cns then bring mede tr WElC aurcssive

wer egainst thet Prwcr

There is nr evidence thet SUZUKi perticipetcd_in

weging ~er ega1nst the USSR et LEkc Khe~sen end there

is nc evidence thet he pert1clpeted in v-1eg1ng 0 -r erefnst

the ussR er the MngClien Peqles 1 Republic at

Ncn0nhan

In NCVCnbcr 1937 SUZUKI bCeMe e Mrjrr-Gcncrel He

Es c-ne cf the c-rgen1zcrs and hf ed cf the pell ticel end

admjnistrativc div1s1cn Cf the As1e Dcvclcpncnt BCerd

As such he ectivcly furttcred the exol0itrtiCn rf the

perts 0r Chine occu~_ied by Jepan

When thr Sccc-nc1 Krnryc Cabinet WES terned tr crmshy

pletc the ~ilitery d0ninrtirn nf Japan and tc prcseshy

eutc the mcve tc- thf S0uth SUZUKI bccnle Min1steuror

With0ut Prmiddotrtfrlir End rnc rf the C0uncillcrs ltf the

Tlttel Wer Rcscerch Institutc Kcnoye rcphcc d HOSHINO

by SUZUKI as President 0f the Plenning Brerd SUZUKI

c0ntinucd in thet positfon until the fflll cf theuro TOJO

Gebinct rn 19 July 1944

As Frcsident cf the Plenning Brcrc end Minister

Viithrut PcrtfClic SUZUKI re-fulerly rttcndcd the

rnectinrs Cf th LieisCn GCnfcrcncc the virturl prlicy

nekinf brc1y fer Jppen SUZUKI vrs ircs(nt et nest cf

th in~rrtent crnfcrcnccs lcrdinf te the initiEtinf rnd

wrfing rf errrc ~sivc lrrs efeinst the lllicd Pcwcrs

At thesE crnfcrrnccs he rctivEly suaryertce thr crn~pirPcy

There is nr rvieencc thrt the rccuscd VE~ rcsarnsiblo

frr th cr~rissien cf etrrcitics

We fina 5UZUKI fuilty E~ chrrgrc in Grunts l 27

29 31 rnd 3~ enc nrt fUilty rf Grunts 35 36 54 end

55

Thr accusce TOCO is incictcc undEr lrunts 1 27 29

31 32 36 54 rnc 55

TOGOs principrl es~rciEtirn with the crires chrrrcd

rgrirst hiM wrs rs Frrcign Ministrr in the TOJO Cillinrt

frrn Octrbcr 1941 until Scptcribcr 1942 v1hen he resigned

End lrtcr in the Suzuki Cebinct rf 194~ in which heuro else

ectcd rs Frrrign Minister During ~he intcrvrl between

his re S1fnrt1rn Encl rer~rintmcnt he lyec nr J)Ert in

public life

Frcn the eftc rf his first ep9rintrncnt until the

rutbrcek cf the Pecific 11er he perticipetE e in the plnshy

ring end prcperinr frr thE 111rr He ettcncca Cebinct

meetings end crnf(reuronccs end crncurrcd in ell cecisirns

eerptrd

As Fcrcign Ministl r he 9lrycd e leeel ing rclc in the

ncrctietirns viith the United StEto irruliFtcly ilrEshy

CEting the rutbrcrk cf the vbullrr end lent hinsclf to the

plrns cf the prrpcncnts rf wer Thr cuplicity nplrycd in

thrsc nqirtietirns hes bun tult 1th crrlicr

After the rutbrcek rf the Frcific Wer hE 1r-llibrFtcd

with rthcr ncnbcrs rf the C1binct in its crnduct rs wrll

ee in the v1r ging rf the VJrr in Clina

In rdditirn tr the ecffncc crmrn tr rll the rcshy

cuscd cf cncircltnrnt rnd ccrncnic strrngulrtirn rf

Jrpen which hes been dclt v1ith elsewhere TeJO lfeds

spccirlly thrt he jcincd the TOJO Crbinct en the assurshy

rnce thet every effrrt wrule be Mrac tr brinr the nrgrshy

tirticns with the United Strtcs tc F successful crnshy

clusirn He strt(s Urthcr thet frrn thr drtc rf his

trkinr rffic he rppr1cd the Army end wu successful in

rbtrininf frrr thcr- crnccss1rns middoth1ch enebleC b11 tegt

keep the nerotiEtions rl1ve However when the neroshy

t1rt1ons feiled pn~ ~er becrre inevitrble rrther thon

rpound~ifn in ~retest he continuec in office end supnorted

the wrr To do rnythinf elspound he srid woulc hVE been

cov-1rrdly However hb lrter 2ct1on coMiletely nullifies

this pler In SepteMber 1942 he resirnee over r dispute

in the Cbinet rs to the trertMent of occuryied countries

Werre cisposea to judge his ection rna sincerity in the

one crse by the srre considerrtions sin the other

There is no proof of eny cririnrl rct on TOGOs prrt

es rllerea in Count 36 His only nrrt in relrtion to

thr t count VF s to sifn the post we r rrzeeMent between the

ussR rnc Jqrn settlinf the bounarry between lfrnshy

churie rnd Outer Mongolie

Wcr CriMq

Up to his resignetion in 19A2 TOCO rooerrs to hrve

encervored to sEe to thpound observrnce of the Rulfls of WEr

He prssec on such protests rs crMe to hir for investishy

frtion rnd in svvercl instPnces rrMecirl Mersurcs were

tken poundt thf tire of his resifnrtion ctrocities coMshy

r-middoti tted by the Japmese trcols hrc not become so notorious

rs to ~ermit knowlecre to be imnuted to hiffi

In the sprinf of 1945 bullhen he returnee rs Foreifn

Miristrr there wrs ther rn Pccurulrtion of protest~ bullbullhich

he prsscd on to the proper euthor1teuros ThE Tribuncl is

of o~inion thrt thre is not sufficient proof of TOC-Os

nerlect of futy in conn~ct1on ~1th ~Pr crires

The Tribunal fin0s TOC-0 ru1lty on Counts 1 27 29

31 rnd 32 He is not Euilty on Counts 36 54 1 rnc ~5

TOJO Hideki

The accused is charged under Counts 127 29 31

32 1 33 1 36 54 and 55 TOJ) becane Cbie-ot-Staff of the Kwantung Army in

June 1937 and thereafter was associated with the conshy

spirators as a principal in almost all of their activities

He planned and prepared for an attack on the

USSRj he recommended a further onset on China in order

to free the Japanese Army from anxiety about its reaT in

the projected attack on the ussBs he helped to organize

Manc~uria as a base for that attack never at any time

thereafter did he abandon the intention to launch such an

attack if a favourable chance should ocpur

In May 1938 he was recalled from the field to

become Vice-Minister of War- In addition to that office

he held a great number of appointments so that he played

ari important part in almost all aspects of the mobilisation

of the Japanese people and economy for war At this time

he opposed suggestions for a peace of compromise with

China

He became Minister of War in July 1940 and thereshy

after his history is largely the history of the successive

steps by which the conspirators planned and waged wars of

aggression agoinst Japants neighbours for he was a

principal in the making of the plans and in the waging or

the wars He advocPted and furthered the aims of the

conspiracy with ability resolution and persistency

He became Prime Minister 1n October 1941 and

continued in that office until July 1944

As war Minister and Premier he consistentl7 supportebull

the policy of cong_uering the Nationa 1 Government of China

1207

of devEloping the resources of Chine in Jepen 1 s bEhrlf

end of reteining JrpenesE troops in Chine to spfegurrd

for Jepen the rEsults of the wer egeinst China

In the nqotietions which Orecedeurod the ettEcks of

7th teuroCEJ1ber 1941 himiddots resoluteuro ettitude virs thrt Jepesn

rust secure terms which woulc )1euroserve for her the fruits

of her aggression egeinst Chinr md which would ccnduce

to theuro estblishrnent of Jepan 1 s domintion of Eest fsie

end theuro Southern Arees All his grEEt influence wes

thrown into the supryort of thrt policy The importPnce

of the leedinr nrrt he pleyed in sfcurinr the dEcision

to go tower in sunnort of thrt policy ctgtnnot be ovErshy

estimted He beers rnrjor resrycnsibility for Japen 1 s

criJ1inel ettrcks on her nEighbours

In this t~ial he defended ell these attecks with

hfrdihood elleging thrt they ~ere legittrnete meesures of

Seurolf-defense We hrve rlreedy derlt fully with thrt olea

It is ~hqlly unfounded

fs to Count 36 there is no evidence thet TOJO

occupied eny officiel position which would render him

responsible for the wrr inbulll939 as cherred in Count 36

The Tribunel finds TOJO guilty on Counts 1 27 29

31 32 and 33 end not ruilty on Count 36middot

Wrr Cr1mq

TOJO wes heed of theuro Wrr Ministry which wrs chrrred

with the crre of prisoners of wrr rnd of civilien internees

in the theetre of wrr end with the supryly of billets

food medicines end hospitrl frcilities to them Hewes

middotherd of the Horne Mlnistry which wes chrrrec withe

similrr duty towerds civilien internees in Jrpen Above

rll hE Vf1 heed of the GovernmEnt hich wes chrrrea with

continuing rEsponsibility for the crre of orisoners end

1208

e1bull1l1tn internees

The bPrbrrous trcrtmcnt or pri~onEr~ ne internees

wrs well known to TOJO He tonk no r~e~uete ite~s to

Unish offenders rnc to prevent the corM-ssion of sim11Pr

offences in the future His rtt1tude to~middotrrds the Brtrn

DHth lterch ~1ves the key to hi concuct towrrlts these

crptives He knew in 1942 sorething or the conditions

or thft nrrch end thrt meny prisoners hrc cied rs e

result of these conditions He die not cell for reshy

)ort on the inciaent Vhen in the Fhilippinrs in 193 he

mrce perfunctory inouiries rbout the mrrch but took no

rction t1o one FS punhhld His explenetion iii thrt

the co=rndrr of P Jroenese Army in the field is riven

emission in the perforllEnce of ~hich he is not Ubject

to specific orders from Tokyo Thus the herd of the

Government of Jeprn knowinrly end ~ilfully rrfusec to

rErforll the luty which ley UOon thet Governrent of

rnforciny perforJ11rncpoundgt of the Lews of rr

To citr emothrr outstrnciny exrMple he rc1vilej thrt

prisrnerl of wrr shoulc be uscc in the construction of

thc Burnt-SieJI Rr 1lwey dr silnrd for itrrtqic curposes

He nede no procr rrrrnfements for billetiny rnd fcedinf

thr prisoners nr for erring for those bullho becrrr sick

in thrt trying clillfte He lerrned of the OOOr condishy

tion of the Orisoners employed on the project rnc

sent en officer to investirte We know the crercful

concit1ons thrt invest1yrtor- J11Ust hrve founa in the mmy

crm~s rlony the reilwry The only step teken es r result

of thrt invcstirrtion wrs thpound triPl of ~neuro co~peny

COllllPndeuror for ill-trertmcnt of ~risontrs Nothing wrs

eont to iMrovc conditions Deficiency ~lsccses rne

strrvetion continued to kill off the prisoners until

the end of the nrojEct

Strtistics relrtive tc the high cler~h rrte from

Mrlnutrition rnd ether crusES in priscrers of Fr ctMDS

were ciscussed et ccnferrnces over which TOJO presicecl

The shrcking condition of the priscners in 1944 1 when

TOJObull s Ctmiddotbinet fell rnC the enormous number of oriscnen

ho hrd ciec froM lrck of focc- rnd medicines is ccnshy

clusive proof trn-t TOJO tock no prouer ste~s to crre fer

them

Fe hrve rcferrec to the ettituce of the Jrncnese

Army towrrds Chinese prisoners of wrr Since the Jr~rshy

nese GovErnmEnt ltlid net rECOfnise thE IncicEnt rs e

wrr it wrs rrgued thrt the Rules of Wer die not eooly

to the fightinf rnc thrt Chinese ceptivEs were not

entitlEd to the strtus rnc rights of prisoners of ~rr

TOJO knew end did net cisrpprove of thrt shocking rtshy

t1tuee

He berrs rEspcnsibility fer the instruction thrt

prisoners who diltl not ~erk shchld net Ert bull We hrve no

doubt thrt his repErtec insistenc~ en this instruction

crnltuced in lfrge Mersure to the sick- rm lOundecl be inf

driven to ~erk rnc to thf suffering rnd cerths which

resulted

le hrve fully refrrec to the reesures which weremiddot

trken to prevent knowledge cf the illbulltrertment of prisshy

cnersmiddot rerching the outside worlcl TOJO bet rs respcns1shy

bili ty for these mersures

The Tribunel fines TOJO guilty under Count 54 We

MEke no fincing under Count 55

The accused UMEZU is cruirfed under Counts l 27

29 31 9 32 36 54 end 55bull

UMEZU 111_as en Arrrq officer While he was in colllland

or Japanese troops in North Chine from 1934 to 1936 he

continued the JepanesE euression in -thrt country ereinst

the northern provinces he Sft up a pro-Jepenese local

rovernmcnt enc under threat ct force compelled the

Chinese to enter 1nto the Ho-tlmZU Agreement of June 1935

This tor a time limited the power of leeitimate governmentmiddot

or China

UNEZU was Vice-linister of Wer from March -1936 to

Mey i98 while the National Policy Plans of 1936 end the

Plan fQr Important Industries of 1937 were cecicec u-oon

Thesf were Army plens end were one of the prime causes

ot the Pacific War

In January 1937 when the Imp~riel Mandate to form

a new Cebinet wes fiven to Gfnerel Ugaki UMFZU played

middot en important part in the Armys refusal to countenence

Ureki as HIROTAs successor Because of this opposition

Ugeki was unable to form e Cabinet

Vihen the fightitlf in Chine broke out anew in July

1937 et Merco Polo Briere this rccusec knew enc epproved

of the plans of the conspirators to cerry on the wer

UtIZU was a member of the Cebinet Planning Boerc es weli

es of many other boercs endcoT11lissions which larfely

contributed to the formuletion of the- euressive plens of

conspirators enc to preparations necessary for the

cxEcution of these plans

In Dece~ber 1937 TOJO es Chief-of~Staf or the

Kwentung Army sent to UM ZU plans for pNperc tion for

1211

the cttrck on the u~ssR nndbttr 1lrns fo1middot thr

strcnfthtning cf thr Kwrntung frrty rntI olrns for in

strlltiCnB in Inner Mrngrlir which TOJO strtictf wcPe

of vitrl iMoortrnce both in the nrrprrrtion for wrr with

the ussR rncl in conncctirn with thr lrr with Chinr

lihile middotUMl ZU WPS CoMnfnder of the Kwrntung Army

frltlrn 1939 to 1944 he continuce the ltirectkn of the

cconoMy of MrnchukuC so rs tc serve the purposes of

Jrpen plrns were rnPde for thr occupPtion of Soviet

turitorie s end l)lflne were rlso mrcle for thr Mili tpry

rdrtinistrrtion rf the Soviet rrer~ to be occupictI rnd

officer~ were srnt to the occupietI rreas inthe SCUth

to stutly the rnili tny rdm1nistrr t1on thert with r dew

to using thr inforllll1tion thus Cbteinr~ in thc Soviet

territories

The evitlence is ovpoundrwhclrn1ng ttrt the rccusc_d lCS P

rncmbEr of the cnnspirrcy bull

Vlith ufcrence to Count 36 the fighting rt NrMltnhen

hrtI bcrrn before he tltltk comru-nd of the Kwrntung ArMYbull

He wrl in coMMrnd Cflly r VEry ~EW drys bemiddotfore the fighting

cer ~ea UlEZU servelt rs Chief of the Army Gencrrl Sttff frori

July 194 until the Surrender He thereby olrye~ P prinshy

ciple pPrt in thrmiddotwgng or thr- wrr PgFinst Chinr rnc

the We~tern Powers

Wer CriMcs

There is not sufficient evifencE thpoundt l1EZU wr~ rcsshy

pCnsible fQr the cc~rdssicn of etrccites

The Tribunrl find11 UMEZU fUilty on Counts 1 27- 29

31 rnc 32 He is nct yuilty Cn CCunts 36 54 Pnt 55degbull

l212

1

2

3

4

)

6

7

8

9

10

11

12

13

14

16

17

18

19

20

21

22

23

24

2)

I Undar the Charter t~e Judgment I have rPed tbull

the Judgment of the Tribunal

Tile Jember for India d1laent11 rrom tho laoHty

Tudg111ent and as fild a 11tatelent of his reasons for

such d1sse11t

The members for Frarioe and the Netherlands

d1ssent as to part only from the majority Judment and

have filed atate~ents of their reasons for 11ueh ~1ssentbull~

The lembfll for the FhiliJ)l)ines has fUed a

separate opinion concurring 1111 th the lllajorHy

Generally I share the view of the major1tT ae

to the factst but without recording anv dissentbull I have

filed a brief ~tate~ent of mY reasons for upholding the

Charter andthe jurisdiction of the Tribunal and of some

general oonri1derattons that influenced ~e tn deedtn on

the sPntenoe1 bull

These ~oouments will be part of the Record and

wtll be available to the ~upre~e Collllander to Defflnse

Counsel epcl to o~~ers who may be concerneilbull Defense

Counsel have ap~l1ed fer e re~~ng tit ~urt of thflle

aeperete opinions but the Tribunal had already considere

th111 latter and clecided that thPv 101ld not be so read

The Tribunal adheres to this decidion

The accused will be removed from the doc~ and

tnen returned sin~ly fer sentence in the order in 1hich

1

2

s 4

6

7

8

9

1

12

13

14

u 16

17

11

19

20

21

22

23

24

25

the1r names appear in the title ot the Indictment

he three accused who are too 111 to attend the

trial today-will be eentenced in their absence after

thoee accused who are ~reeent have been sentenced

To enable the aocused 11ho ere present to be

presented tor sentence in the order stated we will

edj0Urn for fifteen minutes

(Whereupon at 1530 Er recess was taken

until 155 after which the proceedingswere

resumed as follows)

1

2

4 or

6

8

1214

WlRoAL bullF THE COURh The Intelnational

ilitary Tribunal hr the Far East 1s now resumed~

THE PRESIDENT In accordance with Artict l5-h

Charter the International lillitary Tribunal

the Far East will now pronounce the sentences

accused convicted on middotthis Indictment

Accused ARAKI Sadao on the Counts of the

ndictment on which you have been convicted the

nternational ~ilitary Tribunal for the Far East 9

10 entences you to imprhonment fer life

Accused DOHIHARA Kenjt on the Counts of the11

12 ndictment on which you have bee~ convicted the

13 ternational lllilitary Tribunal fbullr the Far East

14 entEinces you tO death by hanging

15 Aecused HASHI~OTO Kingero on the Cunts ot

16 he Indictment on which you have been convicted the

17 nternational i1l1tsr1 Tribunal for the Far East

18 entences you to imprisonment for life 19 ~cused HATA Shunrcku on the Co~u of

20 he Indictment on which you have been convieted the 21

nternational ililitary Tribunal for the Far East 22

entences you to impris~nment fer life 23

Accused HIRANUMA Kiichingt on the Cctmt of 24

he I~dictment on which you hlve been convicted the 25

nternational Military Tribunal for the Far East

sentences you tc ~rtsonment f~r life

1215

I 1 I Accused HIROTA Kok1 1 on the C9unts of the

2 Indicttent on which you have been convicted the

3 International idlitary Tribunal for the Far East

4 sentences you to death by hanging

Accused HOSHINO Naoki on the Counts of the

6 Indictment on which you have been cJnvicted the

7 International ~ilitary Tribunal for the Far East 8

sentences you to imprisonment for life 9

Accused ITAGAKI Seichiro on the Counts of 10

the Indictment on which you have been convicted the 11

Inte~national ~ilitary Tribunal for the Far East 12

sentences you to death by hanging13

14 Accused KIDO Koichi on the Counts of the

15 Indictmentbullon which you have been convicted the

l6 International Military Tribunal for the Far East

11 sentences you to imprisonment for life

18 Accused KIMOA Heitaro on the Counts of the

19 Indiotment on which you have been convicted the

2o International igtilitary Tribunal for the Far East

21 sentences you to death by hanging 22 Accused KOISO Cuniaki on the Counts of the 23

Indictment on which you have been convicted the 24

International ~ilitary Tribunal for the Far East 2)

sentences you to imprisonment for life

lfU6

3

4

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Accused JATSVI~ Iwane on the Counts of the

Indictt1ent on wh1ch you have been convicted the

International Military Tribunal for the Far East

sentences you to death by hanging

Accused u~NAlU J1ro on the Counts or the

Ind1ctCTent on which you have been convicted the

International Liiilitary Tribunal for th~ Far East

sentences you to 1wpr1sonment for life

Accused aUTO Akira on the Count$ or the

Indictment on which you have been convicted the

International ~ilitary Tribunal for the Far East

sentences you to d~ath by hanging

Accu~ed OKA Takazumi on the Counts cf the

Indictruent on which yoA have beeh convicted the

International middota11tary Tribunal for the Far East

sentences yo~ to imprisonment for life

Accused OSHIIM Hiroshi on the Counts of the




Accused SATOt K~nryo on the Counts of the Indictment on lhich you have been convicted the


sentences you t~ imprisonment for lite

1217

2

3

4

~

6

7

8

9

10

11

12

l3

14

u

16

17

18

19

20

21

22

23

24

25

Accused SHIGEuTISU iamoru on the Counts of

the Indictment on w1ich you have been convicted the


sentences you to imprisonment for seven years as from

the date of arraignment

Accused SHIMADA Shigetaro on the Counts of

the Indictment on which you have been convicted the

Internati nal dlitary Tribunal for the Far East


Accused SUZUKI Teiichi on the Counts of

the Indictnent on which you have been convicted the

Internati)nal Military Tribunal for the Far amplst

sentence~ you to imprisonment for life

Accused TOGO Shigenori on the Counts of the

Indictment on v1hich YlU have been convicted the

International w111tary Tribunal for the Far East

sentences you to imprisonmEnt for twenty years as from


Accused TOJO Hideki on tqe Counts of the

In~ictment on which you have been convicted the

International 1Ji1itary Tribunal for the Far East


1218

The Tribunal sentences the accused YAYA

2 SHIJlTORI and UiEZU on the Counts on w1ich they have

3 been convicted to imprisonment for life in each case

4 The Tribunal adjourns

5 (Whereupon at 1612 12 November 6 1948 the Tribunal adjourned) 7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

bullbull aao 18

~middot ~y l1tr-~~middotmiddot1 7V Crandi

_[~ ~~~tio~shy d --------middot

JUDGMENT

INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST

ANNEXES

JUDGKENT

INTERNATIOJAL XILITARY TRIBUNAL FOR THE FAR EAST

ANNEXES

TABIE OF ltDNTETS

ANNEX NO ill ~

Abulll The Potsdam Declaration l

A-1-a Japanese Qualified Acceptance A-1-b Repl7 by Secreta7 of State to Japanese Qualified Acceptance 7

A-1-c Final Japanese Acceptance 9

A-2 ~s trument or Surrender bull bull bull bull 11

Abull5 Moscow conference Agreement bull bull 15

A-4 Special Proclamation Establiahment of an International MilitacyTribunal for the Far Eastbullbullbullbullbullbull 16

A-5 Charter of the International lrilitacy Tribunal for the Far East 19

A-6 Indio tment bull bull bull bull bull bull bull bull bull 29

JUDGENT

INrryUJ4~JrPAJ lIIITAZ TRIBUNH FCR TTE FAR EAST

TH- ~rTSDtl DECIfRnICN

26 July 1945

iCCIT 1TI0N PBIDS Cli GCVErwS TJlITED STATES I TJNIT3D UNGD0 I IFD CHH1A

(1) lfe--the President of the United States

the ~resident of the National Government of the

Republic or Cin middot end the Prime inister of Great

Brrtain representing the hundreds of millions of

our countrymen have conferred and agree that Japan

shall be given an opraquoortunity to end this war

(2) The prodigious land sea end air forces

of the United States the British Empire end of

Chine neny times reinforced by their armies and air

fleets fron tte west ere poised to strike the final

blows upon Jaran This military rower is sus a ined

and insnired by the determination of all the Allied

Nations to prosecute the war against Japan until

sbe ceases to resist

(3) The result of the futile end senselessmiddot

German resistance to the might of the aroused free

peoples of the world stands forth in awful clarity

es an example to the people of Japan The might

that now converges on Japan is immeasurably greater

then that which when ep-lied to the resisting Nazis

necessarily leid waste to the lends the industry and

the method of life of the whole German people The

full application of Olll militazy power becked by our

- 1 shy

resolve will mee1f the inevitable end complete

destruction or the Japanese armed forces end just

es inevitably the utter devastation of the Japanese

homeland

(4) middot he time hescome tor Japan to decide

whether she Ytill continue to be controlled by thoe

self-willed militaristic advisers whose unintelligent

calculations heve brought the Empire of Japan to the

thresh~ld ot annihilation or whether eho will

tpllo~ the path of_reason

(5) Following ere our terms We ~111 not

deviate from them There ere no alternatives We

shell brook no delay

( 6) Thero must be e11m1nated tor ell time the

authority and influence or those who have deceived

end misled the people or Japan into embarking on

world conqueet tor Ye insist that e new order of

peace cocurity end justice will be i=ossible until

irresponsible nilitamprism is driven from the world

(7) Until such e new order is established~

until tiere i~ convincing rroot that Japan e wershy

makin~ power is destroyed roipts in Japanese tershy

ritory to bo desirnated by the llies sh~ll be

occupied to secure the achievement of tho basic

objoctlvos we ere here setting forth

8) The torris of th Coiro Dccleration shall

be carried out end Japanese sovereienity shell be

limit~d to the islands ot Honstu liokkoido Kyushu

Shikoku end such ninor islands es we determine

(9) Tho Japanese military forces etter beins

compl tely disarmed shell be )ermittcd to return to

- 2 shy

their homea ~1th the opportunity ~o lead~peacerul

end productive lives

(10) ie do not intend thEt the Jepe11ese shell

be enslaved 88 8 race or destrored 88 8 nation but

stamprn Justice shell be mcted out to pound11 wer crlminelt

including t~osc who hPve visited cruelties upon Olll

priscn~rs Tbe le~cnesa Government shell remove all

obstacles to tbe r~v1vrl end strongtherilngof demoshy

cratic temiddotndsncics emonc the Jenanose aople Fredo11

cf speech of rel1r1on I end of thollfht es well as

respect for the fundcmentel humen rights shell be

established

(11) Ja~on shall be permitted to mo1nto1n such

industries ss will sust1in her economy end purmlt

the exaction of Just rtperttions in kind but not

those v1hich would nebls her to rr-erm for war To

this end eccess to es disti1111uished trom control

of raw motoriels shell be rermltt~d Eventual

Jepenese particiption in world trade rehtions

shell be parritted

(12) The occupying forces of the Allies shell

be yen1ithdrewn from Je~cn rs soon fS thee objctives

hPve been r ceomplished rmiddotnd thrrc hlt-s bein estft blishcti

in nccordrnce with th~ freely expressed will of trt

eEnese poople e ne~cefully inclined end responsibh

governncnt

( lJ) middotbullre CP11 UPOil the government of Jeptn to

rrcc11m now the uncondltlonil surrender of r11

Jcpenese ~rmed forces rnd to provide proper and

edequote oesur~nces of thsir good rc1th in such

rctlon The lltern~tive far Jeptn ls prompt nd

utter dostructiori

-3-

AlNEX NO A-1-o

JUDGMENT

INTERNATJONAL MILITARY TRIBUNAL FOR THE FAR EAST

JAPANESE UALIFIED ACCEPTANCE

LEGATION DE SUISSE Washington n c Sir August 10 1945

I have the honor to inform 7ou that the

Japanese Minister to Switzerland upon instructions

received from his Government has requested the

Swiss Political Department to advise the Government

of tre United States of America of the following

In obedience to the gracious COITDlland of

his Majest7 the Emperor fho ever anxious to

enhance the cause of Rgt rld peace desires

earnestl7to bring about a speed7 termination

of hostilities with a view to saving mankind

from the calamities to be imposed upon them by

further continuation of the war the Japa1elie

Government several weeks ago asked the SOviet

Government with which neutral relations then

prevailed to render good offices in restoring

peace vis -a vis the enemy powers Unfar tuna t_eshy

17 these efforts in the interest of peace

having failed the Japanese Government 1n conshy

formity w1 th the august wish of His ttajest7

to restore the general peace ani desiring to

put an end to the untold sufferings entailed

b7 war as quickl7 as possible have decided

- 4 shy

upon the following

The J~p~nese r-overnmant rre rendy to

ccept the terms enumerrteurod in th- joint

drcl~rrton which bullEs issued ft otsdmiddotm on

July 26th 1945 by the heeds of the Governmonts

of the United St tts Gret t Br itdn ~nd Chin

nnd 1-ter subscribed by tha Soviet Govornment

with the undorstbullncinz thrt the srid doclcrshy

tion does not comprise ~ny de~nd which prejushy

dices the prerogbullmiddottives of His Ejeurosty ts

Sovereign nuler

Tba 0 -rnese Governcnt sincerely hope

h~t this understtnding is wcrrcntGd nd desire

keenly th~t bull n explicit indic tion to th1 t

effect will be speedily forthcomine

In trr nsmi ttinp the r bove messr re the J(pmiddotnese

Iinistar rddod thbullt tis Governraent begs the Governshy

ment of the Tritd St~tes to forwrrd its cnswer

through the intcrmedimiddotmiddotry of Switzerlrnd Similr-r

requests ~re buing trnsmitted to tho Cmiddotovornments

of rrert Britin middotn~ the ~nion of Soviet Socirlist

Republics through the intermedfrry of Sweden bull s

we11 S to the Covernment of Chin~ through the intershy

mcdhry cf Switzerlrnd The Chinesa 1-inister t

Berne h~s bulllredy been informed of the foregoing

through the ehrnnel of the swiss oliticrl Deprrtshy

ment

Plcise be rssured th t I c~ rt your disposl

~t rny time to rccept for nd forwtmiddotrd to my Governshy

m~nt the reply of thcmiddotGovernnent of the Cnited St 0 te~

- 5 shy

tccept S1r the renewed r ssurrnces ot my

highest considerrtion

lh() Fonorcble J~mes f Byrnes s Grossll secret~ry ot Stete

Cherge d 1ttl ires ~d interim ot SW1 tzerlcnd

- 6 shy

JlliEX NO J-1-b

JUDGlENT

INT1RNTIONL IILITay TRIBUNAL FOF THI FJR ElST

REPLY BY SECPLTRY OF STTE TO JJPfuESE CULIFIED ieCCEPTJjCJE

Auust 11 1915

Sir1

I hnve the honor to ~cknowledre receipt of y)ur

note of Auust 10 nnd in rc~ly to inforri you thrt

the Prcsitent of th lnitcd Sttes h~s directed rie

to send to you f~r trrnsrrission by y)ur r0vcrnncnt

to the JlJnese G)vern1ent the follminp r-essire In

brmiddothnlf of the Govcrnncnts of the United Strtcs the

Uni tcd Kinrdoo the Union of Sovkt $)cidist

neublics rnd Chinni

1th rcpr-rd to the Jr-rncgtsc Governricntbulls

rcmiddotSS1fe lCCPtinp the tcri-s ~f the Fotsdri roclcshy

mrti 1n but Cmiddotgtntdninp the strtfmcnt 1 with the

understinclinp thot the stid dcclnr~tion dx s not

comprise rny deoond which rejudicesmiddot the prerontives

or His Majesty cs P sovcrcirn ruler 1 our rosition

is ns folloi-1s1

Fr)ri the riomc-nt of surrender the ruthrity

of the- Er1perr nd the Jnnesc Govcrrnirnt to rule

the stotc s~all be subject to the Surei-~ Clrinrnder

or the llied iov1crs who v1ill t-ke such sters rs he

decr-s roper to cffc ctute the surrender tcrlbullS

The Emperor will be requirec1 to riuth0rize ond

c-nsure thpound sir-nature by the Govcrnrient of Jrrrn nd

the Jn~onese Irirerinl General Hrndqurrtcrs of the

- shy

surrender terns necessary to ccrry out tho proshy

visions ot the ctsdan r~cleretion and shell issue

his couiands to ell tte ~aanesa llilitcr- mvcl

end eir authorities en~ to ell the forces under

th~ir control whoravor locrtod to cease octiva

opcrctions rnd to surrender their trns cnd to

issue suet- otter orders ts tte 3urrelle Cor1itndor

n y relulre to -ltive effect to the surrender terms

Ifll~dietelmiddot unon the surrsnder tho Jarenese

Governnent shell trcnsort rtscners of Vii r end

clvilim int ornees to pleces of s foty cs directd

whera thQ~ cen quickly bb plLced cboerd Allied

trrnsrorts

ThG ultiwt forr1 of eovernnont of Jcpcn

sh~ll in occcrdtnce with the ~otsdcm Decl~rrtion

be cstablisbcd by the freely cxrressed ~111 of tho

Jcpampnesa ~~oplc

Th rr1Gd forces of the Allied iowers will

re r-ln in s--n until the bullurroros set forth in the

otsd~ll declerr tion ore 1middotchlcved

Acccrt Sir the ronewad rssuronces of ry

highest consider~tion

r middotox r-rnssli Ctrge d Jffioires fd Interpound of

Switzcrlnd

- 8 shy

1JU1EX NO 1-1-c

JUDGIENT

INTERNJTIONL MILITARY TRIBUNiL FOR TEE FJR EAST

FINbL JbPIJESE ACCEPTANCE

LBGATION DE SUISSE bullwASHINGTON DC

Aurust 14 1945

Sir1

I have the h~nlr to refer to ylur note of

Aurust 11 in which you requested me to trcnsmit to

oy Government the re~ly ~f the Govcr=nts lf the

United st~tes the United Kinrdom the Union or

Slviet Slcialist Rc~ublics end Chine to the ressape

frlm the Jcpcneso a~vcrnoent which wcs com~unicntcd

in my n~te of August 10

lt 2010 todoy (Swiss Tine) the Jnpcnese

Minister to Switzcrlcnd conveyed the followiflishy

written strtclient to the Swiss Govcrnoent for trrnsshy

1issiln to the four Allied Glvnnmcnts1

Comtiunicrtion of the J~rrnesc Governnent

of Aurust 14 1945 cddressed to the Governoents

of the Unitcd Stetes Greet Britain the Slviet

Union ~nd Chinas 1171th reference to the Jcprnesc Governshy

rpound n11s hote lf 1uust 10 tqrardinl thE ir

nccer~cnce ~r the ~rovisi~ns of the Potsdam

Dcclorrtiln ~na the reply lf the Governments

f the United St~tcs Great Britain tho

Swi1ot Union l)nc Chini srnt by Jrnericn Sccreshy

t~ry f st~tc Zyrncs under the date of AUJUSt 11

- 9 shy

the J~pcnese Governricnt h~vc tho honor to cocshy

nunictc to the rovernnents of the four powers

rs follows

l Fis l~jcsty the ErrEgtror h-s iesued

rn nnerhl rescri~t rcfrrdine- Jprn s ccccptshy

nca of the nrovsions of thamp Potsd2c Daclcrcshy

tion

2 Fis Lr Jc sty the Jmperor is prcprrtid

to ~middotuthorize ~nd cnsur the signtture by his

Gcverrwunt cnd the Imperil-I Gcnerrl Herdqucrters

of the necessmiddot ry terris for crrry1ng out the

provisions of the fotsdc Deel rr tion Eis

r jesty is bull lso repf red to issue his coonrmiddotnds

to r-11 the nilitrry nmiddotvcl rnd middotir uthorities

of Jltpn degnd ell th forces uncicr thtiir control

vherever loc tcd to cs~ se ctive opertions to

surrender -rllS rnd to issue such other orders

s rny b required b the 5urrma Conrl nder of

the lli(d Feroes for th~ execution of th

bull bove-ncntioncd tcrls

1capt lr th- r~newtd rssurrnces of my

hiFhest consictertion

Grrssli Chrrge d middotrrires middotrd interim

of SWitzerlr nd

1r ~x Grssli Chmiddot rge abull rr~ ires middot d InteriL~ or

3yeni tzerlr nd

- 10 shy

A~TJIl TC J -2

JlJDG E-T

HTmmiddotmICITAL )III~RY TRIBUNtL FCR TH FAR EAST

e acting b command of and in behalf of the

ELlperor cf Jaran the Japanese ~overnment en~ the

Ja~anese Imperial General Feadouarters hereby

accept the provisions set forth in the declaretioc

issued by the heads or the Governments of the TTnited

States C ine end Great flritain on 26 July 1945 at

rotsdeo and subsequently adhered to b) the Union

of Soviet Socialist Re~ublics which four powers

ere hereafter referred to as the Allied ~ewers

e hereby proclain the unconditional surrender

to tte Jllied rowers of the Jarenese Imperial General

Heacq_uarters end of all anenese armed forces and

ell arMed forces under Jaanese control wherever

situated

e hereby collllend all Japanese foroes wherever

situated and the Je~epese people to cease hostilities

forthwith t(l preserve enc save fror- daoate ell

ships Eircreft and Eilitery ahd civil property

end to ccMply with all requirecents which may be

irroosed bmiddot the Supreme Cotlllenltler for the Allied

Powers or by agencies of the Jaranese Government at

his direction

middote hereby collllanc the Japanese rr~erial General

Peodquarters to issue at once orders to the Comshy

manders of ell Jaenese forces end all forces under

- 11 shy

middotJaanese control vherever situated to surrender

unconditionslly themselves and all forces under

their control

e hereby corllland all civil military end naval

officials to obey end enforce all proclsmetions

orders end directives deerued by the Supreme Comshy

mender for the Allied ~ewers to be proper to

effectuate this surrender end issued bmiddot hio or under

his authority and~~ direct all such officials to

re~~in at their posts end to continue to perform

their non-combatant duties unless specifically

relieved by hi1 er under his author ty

middotmiddote hereby undertaYe for the ELperor the

JaTienese Government end their successors to carry

out the provisions of the otsdan Declaration in

~cod feith end to issue whatever orders and teke

whatever action nay be rerured bl the Suprene

Corllonder for tte Allied rowers or by ony other

designated rspres~ntative of the tllied ~ewers for

tlie ~-urose or riving effect to that Decl1ration

e hcrebi corlland the Japenese Inerial

rovernrent ond the Japanese ImTierial General headshy

quarters et once to liberate all allied prisoners

of Mr end civilisn internees now under Japanese

control end to provide for their ~rotection cere

lillintenence and illllediete trans)ortrtion to places

es directed

~he euthority of ths m~eror and the Japanese

Government to rule the state shall be subject to

th~ 8upreme Colllllcnder for ths Allied Powers who will

tike auch steps as he deems proper to effectuate

- 12 shy

these terms or surrender

51gned et TokO Bsmiddot Janen at 0904 on the

Second dry of September 1945

By Command find In b6 alf of the Emnoror of Japan end the Jepanese Gov3rnment

Ycshirro Umezully Cornrnd endn behe lf of the JAFtnese lnperitl Genersl Hecduerters

fcCftod ct Tytyo E~ Te pan Et 0908 on the

~eccnd dry of lt1ertairbor 1945 for the ttnited Stctes

Reublio of Chine United fingdoP1 rnd the Union of

Soviet kci~list Republics e-nd in the interests of

the other Tnited Nrtions rt lier with Jopcn

C l NiMit z Unlted St~tes Representtive

Hsu Yung-ChFnll

Bruce Fr-ser United Kinqcon JepresentEtive

lieuten~nt renerrl K Derevyrnko Union of ~ovlet Soolrllst RepublicsRepresent~tive

T bull Blrmy Corimiddotcnwer-lth of fustrlic RepreBEnhtive

I bull toore Cos lr ne DoMinlcn cf eenfdf lepresentctrve

le Chrc ~rovl~icnsl Gov~rnment of the French Republic qerrescnt~tive

- lJ shy

C ~ 1 Helfrich flngdom of the ~c~hcrlmiddotncs Reprsent~tive

Ltonmiddotrd middot Isittmiddot Doninion of Pew Zcmiddotlmiddotnd Rcnrcsentctive

~ccptin the terms set forth in tho De~l r shy

tion issued br the heds of the Goverll1lcnts of the

1Jni tcd st tes Grert Eritcin ind Lhin on July 26

1945 r-t otsdru nd subsequently ~dhered to by the

Union of ~oviet Soci list Re~ublics I hva commnde4

the lmiddot J nose Irperil Governm-nt ~nd the J1p~ nese

lllperi l Gener~ 1 He dqu~rter13 to sign on my behlf

the instrument of surrender presented by the Supreme

ColDlmiddot nder for the llied owsrs 7nd to issue Generfl

Orders to the lil1trry bullnd IIbullvbulll forces in cccordrnclt

with the direction of the Supr5lilC Comm ndw- for the

llied Fowers I co=rnd rll my people forthwith to

cerse hostilities to lbully down their irms nd fbullithshy

fullr to c~rry out middot11 the provisions of the instrushy

rent of surrcndor middotnd th Generrl Orders issued by

the ry~ nese Im~erirl C-encrbull 1 lier dqu~ rters thereunde

- 14 shy

JNNEX NO J-3

JUDGMENT

INTLRNATIONAL MILITRY TRIBUNJ FOR THE FAR EA-

MOSCOV CONFERENCE AGREE-ENT

The Forei rn Ministers of the Union If Soviet

Scicl1st Republics the United Kinrdom and ~e United Stetes of ncricn met in Moscow frrr December

16 to December 26 1945 in ncc0rd with the

decision of the Crimea Conference poundOnf1rmed nt t~

Berlin C0nference thet there shuld be er ind ic conshy

sultnt11ll between them At the meetinfs of the 3

Foreign Ministers discussions took plnce on nn

informnl nnd erlorntory bnsis r-nd crrecmrnt wns

renched on the follow1np questions bull

bullbullibullbull

i The Supreme Commnltkr shdl 1ssuc nll

Orders for the inplmiddotmcntati ln of the Terms of

SurrendEr the Occupatigtns end control of J~)~n

nnd Dirc-ctives supplercmiddotntnry thereto In middotoll cases

action will be cnrricd cgtut uncer me throurh the

Supreme Commender who is the s0le Excmiddotcutive ruth0rity

for the Allied Povers in Joprn He 1ill consult nnd

id vise vii th the Council in ndvnnce of thc is sunnce

gtf Orders on mnttcrs of substance the rxirencies

of the situation permittinr his decisions upon

these octtcrs shall be controllinr

middot

- 15 shy

mrtJC T( -4

Jl JYl TJ-1T

=rcr middotr ircr middotmiddotmiddotmiddot1rr~r

JTltlISP~T ( 11 1 TCI IIIT1Y TRI~UNL

FOR CU~ FR ~ST

ViHlES the United Ltetes end the Netions

allied therewith in orposing the illegal wars of

aggression of the middotxis fJetions have froll time to

tine made declarations cf their intentions that

war crininals should be brought to justice

17 middot the Governnents of the middot111ed -ewers

et war with Japan en the 26th July 1945 at ~otsdam

declared as one of the terns of surrender that

middotstern Sustice shall be meted out to all Yer crimshy

inals including those who hove visited cruelties

upon our ~risoners

F~ middot b~middot the Instrument of Surrender of

Tenen eirecuted et ollt~middoto lay Jaran on the 2nd

lterter1er 1945 the signatories for Tapan by

colnllenc of and n behalf of the un~a~or enc the

re~anese Government accented the terms set forth

in such Declaration at otsddm

FE1 middot by such Instrument of Surrender the

authority of tle Srnperor and the Ja~ anese Government

to rule the etate of middotr_aen is made subject to the

Suprene Cv~bullbuller for the bull-llied owers who is

suthorized to take such steps as he deems proper

tc- effectuate the terms of surrender

- 16 shy

HEREbull 5 the undersigned has been designated by

the lied overs as Suprelle Colltander for the

llied ~obullers to carry into effect the general

surrender of the Japanese arned forces

middotmiddot~middot S the Governments of the United States

Great lri tain -nd russia at the middotoscoy Conference

26th Decer1ber 1945 having considcrei the effectushy

ation by Jaan of the Teris of surrender with tte

concurrence of China have agreed thet the Supreme

ColMander shall issue all Crders for the implamenshy

tetion of the Terns ot Surrender

rC1middot11 THffSFORl I Douglas Hae rthur BS

Supreme Co~mender for the llied rowers by virtue

of the authority so conferred upon ne in order to

imlement the Term of Surrender which requires the

meting out of stern justice to war criminals do

order and provide as follows

RTICl~ 1 There shall be established en

International 1-ilitery Tribunal for the Far est

for the trial of those persons charged individually

o~ es members of oranizations or in both capacishy

ties yith Qffenses which include crimes against

peace

middotR~ICI~ 2 The Constitution jurisdiction and

functions of this Tribunal are those set forth in

the Ghnter of the International lilitiry Tribunal

for thpound ~er Vest a~~roved by mo this day

middot~~JCI~middot3 Nothing in this Order shell

prejudice theJurisdiction of any other internatione

netlonel or occuretion court conriission or other

tribunal established or to be established in Japan

bull 17

or in any territory or a United Nation with Which

Jann has been at war for the trial or war

criminols

Given under my hand et Tokyo this 19th dey

of January 1946

be bullt Iso RTHUR Gontrol of the rmy United State$ rmySupreme Commender for the llied Powers

bull

- 18 shy

ArJllEX NO bull A-5

JODGMBIU

CHARTER

OF THE HJJill~ATICNH lILITARY TRIBUNAL FCR T~o FPR EAST

SECTICI~ I

COSITlJICN CF TRIBU1~~L

ARTICIE 1 middotTribunal Established The Intershy

national Yilitary Tribunal for the Far East is hereshy

by established for the just ano prompt trial and

punishment of the major war criminals in the Far

East The permanent seat of the Tribunal is in

Tokyo

4ITIC1E 2 embers The Tribunal ehall c 0

onsistmiddot

of not less than six ne~bers ruir ncre than eleven

members appointed by the Supreme Commander for the

Allied ~ewers from the names submitted by the Signashy

tories to the Instrument of qurrender India and

Phe Commonwealth of the Philippines

AlTICLE 3 Officers and Secretariat

a President The Supreme Commander for

the lllied Powers Shall appoint a Member to be

President of the Tribunal

b Secretariat

(1) The Secretariat ot the Tribunal

shall be composed o~ a General

Secretary to be appointed by the

Supreme Commander tor tle llied

Powers end such assistant seersshy

bull 19 bull

tariee clerks interpreters erd

other personnel as may be necesshy

sary

(2) The General Secretary shall organshy

ize and direct the work of the

Secretariat

()) The Secreteriet shell receive ell

documents addressed to the

Tribunal maintain the records or

the Tribunal provide necessary

clerical services to the Tribunal

end its members and perform such

other duties as may be designated

by the Tribunal

JRTICL 4 Convening and uorum Votinl1 1 and

bsence

a Convening and luorum When as many as

six members or the Tribunal are present they may

convene the Tribunal in formel session The

presence ore majority or ell members shall be

necessary to constitute e quorum

b Voting All decisions end judgments

of this ~rlbunel including convictions an~ sentenshy

ces shall be by a maJorit7 vote or those members

or the Tribunal present rn case the votes are

evenly divided the vote or the ~resident shall be

decisive

c Abseaoe Ir a member et any time is

absent a~d afterwards ls able to be ~resent he

shall take part in ell subsequent proceeding~

unless he declares 1n open court that he is disbull

- 20 bull

quelitied by reeson of insutticient middottsriiliarity with

the proceedings which took place in his absence

SllCJICN II

Jll~ISDICTINT HD Gll1-~AL ~OVISIOTS

ltRTICIE 5 Jurisdiction Cver ersons end

Offenses The ~r1bunel shall heve the power to try

and runis~ Fer e~tern wer cri~inals who es indivshy

iduals or as members of orranizetions ere charged

with offenses which Lclude Criries against Peace

Tbeefol_lovinr acts or eny of them are crimes

coni~e within the jurisdiction of the ~ribunel for

which there shall be individual responsibility

a Criries against Peace Namely the

planning ~reparation ni_iation or waging of a

declereo or undeclared var of aggression or a war

in violation of intern~tionul lew trerties agreeshy

ments or ossurpoundnces or perticipction in o common

plr n or cc nspirr cy for the occon91iehment of lny of

the foregoing

6 Conventionel ~r ~rires Nenely

vioLtions ot the lrws or custocs of wer

c CriJ11es rrrinst -uw nity Nrmely

curdor extcrmintion enslvcment deportrtion

nd other inhum-ne ~cts committed before or during

the w~r or pereeoutions on politicrl or rtciEl

grounds in execution ot or in connection with my

crime ~ithin the urisdiction of the Tribunrl

whether er not in violbulltion of the domestic 1w of

the country -here perp1tr( ted Le~dcrs orgnizers

lnstig~tors middot nd rccomplices prrticipbull ting in the

- 21 shy

tormuletion or executiomiddotn of a common plan or conshy

spiracy to commit any otmiddotthe foregoing crimes ere

responsible tor eil acts performed by any person

in execution or such plan

RTICL~ 6 Responsibility of Accuse~ Neither

the official position at any time of en ecc~sed 1 nor the feet that an accused acted pursuant to order

of his government or ot a superior shall of itself

be sutficient to free such accused from responsibil shy

ity tor any crime with whi~b he is charged but euch

circumstances may be considered in mitigation of ___

punishment it the Tribunal determines that jus~ioe

so requires

ARTICLE 7 Rules of Procedure The Tribunal

may draft and amend rules of procedure consistent

with the fundamental provisions of this Charter

AR~TCLE 8 Counsel

e Chief of middotcounsel The Chief of Counsel

desieneted by the Supreme Commender tor the Allie4

Powers is responsible for the investigation end

prosecution of charges against war criminals within

the jurisdictionmiddot of this Tribunal and will render

sue~ legal assistance to the Supreme Commander es

is appropriate

b Associate Counsel Any United Netion

with which Japan has been et war may appoint en

~ssociate Counsel to assist the Chief of ~ouneel

SECTICN III

FAIR TRIAL FO~ ACCUSED

ARTICLE 9 Procedure for Feit Trial In order

- 22 shy

t~ nsure fair trial fo~ the accused the following

procedure stell be followed

a Indictment The indictment shell

consist of a plein concise and adequate statement

of each offense charged Each accused shall be

furnished in adequate time for defense a copy of

the indictment including ~ny amendment end of this

Charter in a larguage understood by the accused

b Language The trial and related proshy

ceedings shell be conducted in Eglish and in the

laniuage of the accused Translations of documents

and other papers shall be provided as needed and

requested

c Couns~l for Accused taph accused

shall have the right to be represented by counsel

of his own selection subject to the disapproval

of such counsel at any tifle by the Tribunal The

eccused shall file with the General Secretrry of

the ~ribunal the name of his counsel If an accused

is not represented by counsel and in open court

requests tJe Blbullpointment of counsel the Tribunal

shall designate counsel for him In the absence

of such request the Tribunampl may appoint counsel

for an accused if in its judgment such appointment

is necessery to provide fer a fair trial

d Evidence for Defense An accused

shall have the right through himself or throurmiddoth

his counsel (but not through both) to conduct his defense inclbulliding the right to examine any witness

subject to such reasonable restrictions as the

Tribunal may deterMine

- 23 shy

e Production of ~vidence for the

Defense An accused may ap~ly in writing to the

Tribunal formiddot the Tgtroduction rf witnesses or of

documents The anplication shall state where the

witness or document is thou~ht to be looated It

shall also state the facts nroposed to be proved

by the witness or the document and the relevancy

of such facts to the defense If the ~ritunal

grants the a~plication the Tribunal shall be given

such al d in obtaining nroduction of the evidencemiddot

as the circumstances reouire

ARTICLE 10 Applicetions end Hotions before

Trial All motions epplicatioqs or other requests

addressed to the Tribunal prior to the commencement

of trial shall be made in writing end filed with

the General Secretary of the Tribunal for action

by the Tribunal

S11CTICN IV

J(1RS 0F JRIBTPI ~~D COTDTTCT CF TRIAL

AR~ICLll 11 ~ The Tribunal shall have

the newer

a To summon witnesses to the trial to

require ther to attend and testify and to question

them

b To interrogate each accused and to

~ermit comment on his refusal to answer any question

o To require the production of documents

end other evidentiary material

d To require of each witness ampn oath

affirmation or such declaration ea is customary in

- 24 shy

the country of the witness end to adminiter oaths

e To appoint officers for the carrying

out of any task designated by the lribunal includshy

lng the Ower to Jave evidence taken on corunissicn

AR~ICIE 12 Conduct of Trial The mribunel

shall

a Confine the trial strictly to en

expeditious hearin of the issues raised by the

charges

b Take strict measures tQ prevent en7

action which would cause any unreasonable delay and

rule out irrelevant issues end statements of any

kind whatsoever

c ~rovide for the maintenance of order

at the trial end deal summarily with any contumacy

imposing eppropriete runishment including exclushn

of any accused or ~is cou~sel f~om some or all

further proceedings but without rrejudice to the

deterninPtion of the charges

d Dctcrminamp the mental snd physicel

ccp9city cf en7 accused to riroceed to trial

f8J1E 13 ~vidcnce

e Adgt1issibilitv The Tribunal shell not

be bound bv techniccl rules of evidence It shall

rdopt ~nd ~ply to the gre~test possible extent

expeditious end non-trchnic1 procedure middotnd shr11

dmit ~ny evidence which it deems to hve proktive

vrlue All rur1orted dmissions or stctemcnts of middot

the Cousod re cimissible

b RelGv~ nee Th Tri bun_l m7 r_oquire

to be informed of tho m turc of - ny evidence before

- 25 shy

1t is otteredmiddot-111 order to rule ut1on the relev1 rice

c Specific evidence Pdclssible In

prrticulir ~r~ without limiting in middotny wmiddotmiddoty the

scope ot tbe foreroing gonerrl rules the tolhwing

ovidonce m~y be rdmittcd

(1) A document rcgbullmiddotrdlcss of its

security cl~ssitic~tion nd

without root of its issumiddotnce or

sign~ture which l6~rs to th

Tribunrl to h~ve beonsigntd or

issued by bullny officer dop rtraent

ltgcncy or mtnbcr of thi bullrmed

forces ot rny goverruncnt

(2) A -lt~middott t cl pc(rs to the

Tribun-1 to hrvo bean signed or

issued by tho InternPtiondegl Rod

Cross or r member thcreot or

by r doctor of medicino or n7

medicrl sGrvice personnel or by

rn investlg-tor or intollige~co

officer or by ~ny other person

who middotppers to the Tribunrl to

hrvc nersonPl knowledge ot tha

llltters continod in tho r port

J) An eftidavit deposition or other

signed statement

(4) A diary letter or other document

including sworn or unsworu steteshy

ments-which appear to the Tribushy

nal to contain inforlll8tion relat shy

ing to the chmiddotarge

- 26 shy

(5) A copy of e document of lther

seclnch1ry Evidence lr its contents

if the oripin~l is not immediately

nvPileble

d JudiciPl Not~ce The Tribunal shall

neither require prof of rccts or common knewledpe

nor or the authenticity of ~rricial ~~vernment

~ocuocnts and reports or rny nation or or the proshy

cecdins records end findinrs or militnrymiddot or other

arencies or rny er the United Nations

e Records Exhibits llld Documents The

transcript or the procecdinps rnd exhibits end

documents submitted to theTribun~l will be filed

with the General Stcretary ormiddotthc Tribunal end will

constitute plrt or the Record

RTICLE 14 PlPee or Triel The first trial

will be held at Tokyo end eny subsequent tria~s

~111 be held et such rleces a$ the Tribunnl decides bull

poundIlTICLE 15 Course of Trial Proceedings The

-proceedinfs et tho Trial will take the fcllowing

C1JUISel

a The indictoent will be read in court

unless the roadinf is waived by all accused

b The Tribunalmiddot will ask each accused-

llhothtr he pleads ruilty er not ruilty

c The prosecution and each accused (by

counsel only 1 represented) ~ay ~ake a cmcise

opining stotencnt

d The prosecution ond defense may ofter

evidence nnd the admissibility or the same shall be

dpoundtermined by the Tribune~

- 27 shy

e The rrosecution end each accused bf

coun~el only if represented) JTl8Y examine each

witness and each accused who elves testimony

r ccused (by counsel only if represhy

sented) MSY address the Tribunal

g Tho prosecution may address the

Tribunal

h The Tribunal will deliver Judgment

and pronounce sentence

SECTICm V

JUOOI1INT ~TD 3a~~CE

RTICLE 16 Penolty Tho Tribunal shall have

the ower to im2ose upon an accused on conviction

death or such other ~unisrunent as shall be detershy

runod by it to be just

RTICI~ 17 Judgment end Review The Judgment

willmiddotbo onnounced in open court end will give the

reesons on which it is based The r~cord of the

triampl will be transmitt~d directly to the Supreme

Collllander for tho llied ewers for his action_

Sentence will be carried out in accordance with the

Order 9f the Supreme Commender for the llie_d Powqe

who mBy et ony time reduce or otherwise elter the

sentence except to increase ts severity bull

By comm1cnd or GenErl UooRTliUR

RICH1RD J MiREHLL llljor GEnerrl General-Steff cmiddotorpe

Chief of Steff

OFFICIL

s Bl Fitch B l FITCH

Brigrdior Cenorel 1 GD middot djutrnt General

28 bull

ANNEX NO A-6

JUDGMENT

WTIWATirNAL mIITAtv TRIBUNAL FOR THE PAR EAST

INDICT1NT

THf llTTlD STNJES CF AERICA TtE REPUBLIC OF CHINA

THE T~TIID YINGDO CF qEftT BRITAnr AND UCRTHERN

I~EI~D Tl-TE rmrorr CF SOVIET fCCIAUST R)lPT1J3LICS~

TFli COl~C1llUTF OF ~USTRAUA CArADA THE REgtUBLIC

OF fRAlTCE ii KIYGDrl 01 THE NETHERLAlDS NEW

ZlALAm nDI A AND Tl-~ COlJONWEALllI CF liE

PFILirgtn~s

bullAGAINST shy

A~AKI Sedao DCFIARA Kenji liASHDlOTC _Kingoro

FfTA Sunroku FIRANUMA K11chiro HIROTA Koki

HCSRnro Naciki ITGAKIbull Seishiro l7AYA Okinori

KIDO Koichi KDURA Eeitaro rcrsc Kuniaki

~~fTST1I _Iwene lATSTJCPA Yosuke MDTflI middot Jiro

HOTO llkire NAGAPO Osemi CKA Takasumi OKllllA

Shume1 OJlnfA Hiroshi S-TO Ienryo ffiIGlITSU

Memoru SPnrnA Shiretaro SP-IRATORI Tosh1o

~TZJ~I Teiichi TrGC Shigenori TCJO Hideki

UEZU Yoshijiro

Defendants

INDICJ1Ell

In the years hereinafter refe~red to in thie

Indictment the internal and foreign policies middotor JapaL

were dominated ane directed by a cr~inal militarshy

istic clique and such policies were the cause of

serious world troubles aggressive wars end great

- 29 shy

damage to the interests of reace-loving peoples es

well as the interests of the 1apanese peo1e themshy

selves

~he ampind of the Jananese people wes systematicshy

ally poisoned with harmful ideas of the alleged

raciel superiority of ~aran over other peopls of

Asia and even of the whole world Such parllamentarl

institutions es existed in Japan were used as impleshy

ments for widespread aggression and a system similat

to those tren established by Hitler and the Nazi

party in Germany and by the Faicst party in Italy

was introduced The economic and financial resourtef

of lapan were tc a large extent riobillzed for war

a lJiis to the detrinent of the velfare of the Japanespound

pao~le

A conspiracy between the defencants joined in

br the rulers of othr aggressive countries naLely

Tazi Germany anc Fascist Italy as entered into

The rmiddotain objects of tis consiiracy vmiddotas to secure

the dominetion and exrloltation br the aggressive

States of the rest of tte world end to this end

to collllit or encourage the co~mission of crires

against peace war crimes end criries against humanshy

ity as defined in the Charter of this Tribunal thus

threatening end in~uring the basic principles of

liberty end respect fer the hunen personality

In the _rrorotion end accor1plishment of that

achene t~ese defendants taking advantege of their

power and their official positions and their own

personal ~restige and influence intended to and

did plan prepare initiate er vege aggressive ver

- JObull

against the United States of America the Republic

of China the United Kingdoll of Great Pimiddotaain ampnd

trorthern Irelend the 1Tnion of Soviet 50cialist

Republics the Cort1rtonwea 1th of Australia Canada

the Renublc of France the Yingcom of tre Nethershy

lends Pew Zealenc India tte CoJ11onwea 1th of the

Philippines end other reaceful nations in vioetion

of international law es well as in violetion ol

sacred treat- cotJni tme_nts obligetlons and assurshy

ances such plan ccnteu~leted end carried out th~

vibhtion of recognized custoras end conventions of

war b murder in~ niaiming anlt ill-treating prisoners

of war civilian internees end persons OL the high

sees denyine theM edequate food shelter clothing

medicsmiddotl cere or other alrroprifte attention

forcing them to labour under inhwane conditions

end subjecting thera to indignities exploit to

Japans benefit the llenpower snd economic resources

of the vanquished netions plundering public end

private ))ropert1- wantonly destroying cit tms

end villPges beyond eny justification of m1~~tery

neceesity nerretrate mess murder rape pillege

brigEndage torture ampnd other barbaric cruelties

uron the helpless civiliun populetion of the overshy

run countries increampse tre influence and control

of the- mil1t1Jr nnd navel grours over Jepcnese

government offic lels Fnd egencies psyl)hologicelly

prepare Japan-se public opinion for argressive warshy

fare by establishing so-celled ~ssistcnce Societies

teaching netionelistic policies of expansion disshy

seminetinr w~r proprgende end exercising strict

- Jl shy

control over the press rnd redio set up puppet

governuents in conuered countries conclude rlilit-ry

aliicnces with Germn~middot rnd Itrl to enhnce by

military 1ight Jfnrn s progrtrime of expansion

Therefore the cbove nr-ned N2ticns ty their

undersicned representntives ~uly cppoi~ted to

renresent their respective Gover=ents in the invesshy

tigction of the chorges cgcinst end the prosecution

of the middotIe-jor We r Criminrls iiursuent to the Potsdm

Decl~rton of the 20th Jul 1945 end the Instrushy

ment of Surr-rnder of thE 2nd Septerober 1945 0nd

the Chrrter of the Tri bun 1 hereby 0 ccuse cs guilty

in the respects hsrein~fter set forth of Crimes

igcinst Oeece 1rr Grines rmiddotnd Criries gninst wn1mshy

ity ond of rommon Pl1-bullns or Conspircies to collJlit

these Crimes 211 cs defined in the Ch~rter of the

Tribuml end rccordingly n~me rs Defendnts in this

cruse end cs indicted on the Counts hersin1middotfter set

out in which their n-middotns respectively qipe( r ~11

the [bove-n_med individurls

GRCUP NI CRI89 AGAIST FE CE

The following counts charge Crimes against

Feece being Pcts for which it is charged that the

persons naned and each of trem are indivi~ually

resnonsible in accordance with Article 5 and particshy

ularly frticle 5(a) and (b) of the Charter of the

International ilitary Tribunal for the Far East

and in accordance with International Law or either

of them

- J2 bull

CotTNI 1

P11 the DefendMts together ~1th divers other

persons between the let January 1928 and the 2nd

September 1945 participated as leaders organizers

instigators or accomplices in the formulation or

Axecution of a common rlan or conspirac~ and are

resnonsible for all acts performed by themselves

or br anr )erson in execution of such plan

The object of such ~lan or ccnsniraci was that

Japan should secure the military naval poll ti cal

and economic dorinetion of East bullsia and of the

Pacific and Inaian Oceans and of all countries and

islands therein end bordering thereon and for that

nurpose slould alone or in combination with other

ccuntries hevinf sillilar objectii or who could be

indicecl or coerced to foin therein wage declared

or undeclared wer or wars of aggression and war or

wars middotin violetion of international lew treaties

agreements and assurances ega~nst eny country or

countries which might oppose that ~urpose

The whole of the ~articulars in Appendix A

of the Treaty Jrticles in Appendix B end of the

ssurances in bullppendix C relate to this Count

CCUNT 2

~11 the Defendants toqether with divers other

persons between the 1st January 1928 and the 2nd


instigators or eccomrlices in tbe formulation er

execution of a cormiddotUlOn 1an or conspiracy and are

resgtonsi ble for ell acts perforr1ed by themEelves or

by an3middot person ln execution of such plan

- 33 shy

The object of such_pian or conspiracy wes that

laren should ascure the military navel political

end economicmiddot dominction of the rovinces of Lieoning

Kirin Heilunpkieng end lehol bein~ perts of the

Re)ublic cf Chine either directl~ or by establishshy

ing a separate state under the control of Jenen

end for that rurpoae should wage declared or undeshy

clared war or wars of aggression end war or wars

in violation of internationai law treaties agreeshy

ments and assurances against the Republic of China

The whole of the Particulors in ~ppendix 1

the following rrreaty rticles in lpendix P Nos 1

to 6 inclusive 8 to 14 inclusive 22 to JO inclusive

32 to 35 inclusive and tlie following ssurances in

~ppendix C Nos 1 to 8 inclusive relate to this

Count

cmrr-1] 3

All the Defendants together with divers other

oersons betveen tbe 1st January 1928 and the 2nd

September 1945 particpeted as leaders organizers


execution of a corimon ilan or consbull~racy Fnd are

resionsible for all acts perfoned bi ttemselves or

b1 inymiddot )erson in execution of such plan

The object of such plan or conspirscy wes that

Japan should ~ecure the military navel political

and economic doffiinetion of tha Reutlic of Chins

either directly or by estblishingmiddot separate state

or stctes under the control of Japcn Pnc for thct

~urpose shoulc wage declared or unceclared wrr or

- 34 shy

wars of age-ression end wer or vars in violation

of international law treaties agreements and

assurances agein~t the Rerublic of China

The whole of the Particulars in Appendix l end the sane Treaty rticles and ssurances as in Count

2 relate to this Count

CCTJNT 4

11 the Defendants together with divers other

persons betwemiddoten tle stmiddot Zanuory 1928 and the 2nd

Senterrber 1945 participated as leaders organizers

instieotors or eccomrlices in the formulation or

execution of a comrion lan or cons1gtiracy ind ere

resnonsible for ell sets performed by themselves or

b any person in execution of such plin

The object cf such plan or ccns~iracy was that

Jenan should secure the 11ili tary nuvel political

and economic do11nation of East sia and of the

Facific ond Indian Oceans tnd of ell countries end

islands therein or borderinpound thereon end for thet

purrose should alone or in coabim tion with other

countries bovine sniler objects or who could be

induced or coerced to Join therein wage declared or

undeclered wer or we-rs of aggression and wer or

wars in violPtion of internationhl la~ treaties

egreerents )nd assuu-nces egt-instmiddot the Pnited Strtes

of neric11 tre British Conmonwealth of Nutions

(which expression ~herever used in this Indictment

inoludes the UnitedKingdom of Greot Britsin end

Northern Ire lend the Commonweel th of bullustrelil

CFOds Jew ZePlond South ifiicE India Burma thbull

- 35 shy

I~P lay States end all other narts of the Eri tish

Erpire not serarately represented in the League of

Nations) the Republic of France the lingdom of

the letherlends tre Republic of China the Republic

of Portueel the Kingdom of ~hailand the Cororronshy

wea 1th of the Philippines ana tle tTnion of Soviet

Socialist Reublics or such er them as might oppose

trat ptlIJOOSB

Tle whole of the Particulars in Aopendix A

end of the ~reaty Articles in A9pendix P and of the

Assurances in Appendix C relete to this Count

CCUtT 5

~11 the Defendants together with divers other

persons beteen tJie 1st lanuer 1928 and the 2nd

September 1945 rarticipated es leaders organizers


execution of a conunon plan or conspiracy and are

responsible for all acts performed by themselves or

by an person in execution of such plan

The ob1ect of such plan or conspirec was that

Germany Italy end apan should secure the military

navalmiddot politicalend economic doriination of the

whole world each having special domination in its

own sphere the sphere of Japan covering East tisie

the Pacific and Indien Oceans and all countries end

islands therein or bordering thereon end for that

nurnose should mutually assist one another to wage

declared or undeclared war or wars of aggression

and war or wars in violation of international law

treaties a~reelents end assurances against any

countries which might o~~ose thet ~~rpose and parshy

ticularly against the United States of America the

British Comraonwealth of Nations the Renublic of

France the 1ingdcm of the Netherlands the Republic

of Uhina the Republic cf Portugal the Kingdom of

Thailand the Commonwealth of the Philippines end

the Union of Soviet Socialist Renublics

The whole of the Particulars in Appendix A and

of the Treaty ~rticles in lppendix 1 and of the

Assurances in ppendiz C relate to this Count

CCUNT 6

hll the Defendants between the 1st January 1928middot

and the 2nd September 1945 planned and prepared a

war of aggression end a war in violrtion of intershy

national law treaties agreSlents andassurances

against the Renublic of China

The followingSections of the Particulars in

lppendiz rros l to 6 inclusive end the same

Treaty rticles and Assurances as in Count 2 relate

to this Count

COTThT 7

lll the Defendants between the 1st January 1928


war of aggression and a war in violation of intershy

national law treaties agreements end assurences

against the United States of rmerica

The followine middotsections of the Particulars in

1ppendiz middot Nos 3 4 5 6 7 9 and 10_ tle folJowshy

ing Treaty ~rticles in Appendix B Nos l to 10

bull 3T bull

inclusive 17 to 19 inclusive 22 to )5 inclusive

end 37 and the whole of the f surences in ppendix

C relate to this Count

CCUNT 8

Ill the Defendants between the 1st Jenury

1928 end the 2nd September 1945 planned and preshy

pared a wer of aggression end e war in viohtion of

international law treaties agreements end assurshy

ances epeinst the lTnited lingdom of ltlreet Britein

end Northern I~elend enc ell rerts of the British

CommonwePlth of Nations not the subject of separate

counts in this Indictment

The following Sections of the ~erticulors in

lpehdix middotbull N~ J 4 5 6 7 9 End 10 nd tbe

fcllowine Trepoundty 1rticles in ppendix B Nos 1 2

5 10 to 19 inclusive 22 to JO inclusive 32 to

)5 inclusive 37 and J8 and the whole of the

bullseuronces in 0pendix C relate to this Count

C(ITJT 9

All the Defendentsmiddotbetween the 1st January

1928 fnd the 2nd September 1945 plEnned end preshy

prred e war of eggression Ende war in violcticn of

internntion~l low treaties egreements anQ assurshy

ences geinst the Cor1nonveilth of ustralie

The sene Sectiofts of the Portioul~rs in

ppendix rnd the some Trety middotrticles poundgtnd ssurshy

~noes rs in Count 8 relrte to this Count

- JS shy

COTHT 10 bull

middot11 tl-J e Defencrrts between the 1st Jonu~ry 192

end tbe 2nd Seutember 1945 plnned cnd prepmiddotred e

wFr of nRression ~nd WPr in vlolbulltion of intershy

nctionamiddot1 l~w tre 0 tics rgreeuents rnd essurampnC6S

cpPinst Rew 7eelrnd

The s~le Cections of the ~rticulirs in ~ppudi

Z end the SEmiddotme Trety rticles end )ssurrnces fS i1

Count 8 relcte to this Count

CCTT 11

111 the Delend~nts beteen the 1st J1middotnurgtry 1921

rnd the 2nd Se~tcober 1945 plnned and prepcred

war of oegression ~nd c wrr in viot~iion of intershy

ntioIel lr-w treeties rgreenents rnd essuronce

rgoinst c~nd3

The srme Sections of the ~rrticulfrs nprendi

middot end the s~ne Trerty rticles nd ssur-nces- rs in

Count 8 relFte to this Count

CCITI 12

f11 tto Dcofendnts between tbe 1st i nury 92

ena tr e 2nc Sef)tenter 1945 ~lenned ~nd nrapired 8

wor of -egresson ind c Wr n viohtion of intershy

nrt~omiddotmiddot--1 lrmiddotw trampcties Fgreenents ~nd cssur~middotnces

against India

The ssroe Sections of the rarticu~ in ~ppendiJ

and the sar-e Treaty rticles end ssurarces as 1

Connt 8 relate to this Count

~ 39 shy

C()TJT 13

~11 the Defendants between the 1st JenuPry 192

and the 2nd September 1945 planned end nrepered a

war of aggression and a wer n violction of intershy

national law treaties agreenents end assurances

against the Corironwealth of tle rilirmiddotnines

The sane Sections of the ~artcul9rs in ppendil

and the ss~e Treaty ~rticles end tssurances as in

Count 7 relate to this Count

CCTTT 14

11 the Defendants between the 1st 1enuary 1928

and the 2nd September 1945 ~lenned aad prersred a

wer of aegression znd a wer in viclEtion of intershy

national law treet-ies egreeraents end assurauces

arainst the Kingdol of the ~TeterlEltnds

The following Sections cf the Particulars in

ppendix ~ 11os J 4 6 7 9 and 10 the follcwshy5 ing Treaty rticles in ppendix R Nos 1 to 5

inclusive 10 to 18 inclusive 20 22 to JO inclusivf

32 to 35 inclusive 37 a~d 38 end tte f ollovin~

sur~nces in ~-pendix C tlos 10 to 15 inclusive

relate to this Cou~t

CrTl 15

11 the Defendnts between t~e 1st January

1928 end tr e 2nc1 Se[lterber 1945 planned end

~repered a var of fression enc a wer in violeti_on

of internetional la~ treities aerreerents end

assurences agaicst the Rerublic of ~ranee

~te following Sections of the Particulors in

- 40 shy

ppeniix middot osbull 2 3 4 5 6 7 9 and 10 tre

folloving Treaty ~rticles in ipendix B Nos 1 to

5 inclusive 10 to 19 inclusive 22 to 30 inclusive

and 32 to 38 inplusive and the follobulling Assurmceio

in ppendix C os 14 and 15 relate to this Count

COTl 16

11 the Lefendants betveen tle 1st anuary

1928 and the 2nd Sentember 1945 1anned and preshy

rsrecl a war of afgression encl a buller in violation of

international lew treaties agreements and assurshy

ances apeinst tte Lingdcm of Theilend

The following Sections of the ~erticulers in

ppendix bull Nos 2 3 4 5 6 7 9 and 10 and

the followin Treaty middotrticles in middotpenCix B lJos

3 4 5 JO end 32 to 38 inclusi~~ ~elate to this

Ccunt

crHT 17

111 the Defendants between the 1st January

1928 and the 2nd September 1945 planned end rreshy

rered a wer of afgressl en and a r in viohtion of

international lav treaties i_reerents ond assurshy

ances qeinst t~ e ncn of Soviet ~ocialist

Renublics

Tre followinr Sections of the amprticulars n

bullnendix bull Nos 1 to 8 inclusive ancl the folluing

Jreety middotrtic] es Lmiddot lenclix B os 1 to 5 inclusive

10 to 18 inclusive 32 tc 35 inclisive 39 to 47

inclusive Pnd middotmiddotssurence Ho 13 in npendix C

relEte to this Count

- 41shy

CCF 18

middothe Defendents 1KI DCFIR RfSHIMOTO

I1 bullm1- bull IT bullotTI Kcrsc rJI I cKrt 11IGELITSU

TC10 and middot~rzu on qr ebout the lftth Septerber 1931

1nit1eted a wer of aggression and a warin violation

of internetionel law traaties egreeLen ts und

assurances egainst the Republic cf China

Rection 1 of the Terticulr in ppendix

ond the followinf Treety rticles in trpendix f3 ~cs 1 to 5 inclusive 11 to 14 inclusive 22 23

25 30 40 to 43 inclusive rehte to this Count

CC1t 19

The Dereridfnts CllI I lCFIRR p middotSPIClO

fTbull RIl~ll PI1CTmiddot EOSfHO IT~KI I1Y IGDO

HTqlJ TTT( SUZUKI TOJC ind UMEZU on or about

the 7th July 1937 initiated a ~er of aggression

rnd e wrr in viohtion of internc-tionel lrw tre~ties

Egreea~nts nd 2ssur2nces egtinst the Republic of

Chine

Section 2 of t~e ~rticulpoundrs in ~rpendix ~ the

same rety middotrticleuros rs in Colrnt 18 nd the folloving

tssur~nceuros in middotnnenrx C os 3 4 ~nd 5 rel-te

to this Count

err_ 20

he Defandmiddot rts DCPJ l PilTJl FrCTmiddot

FCll-fIPO ybullmiddotr I~IDlt ITIJRI lUTC ~GYO OK~

r~~ Smr siT111nr S~ZUI TC0C ~nd TC70 en or

bullbcut the 7th Dscecter 19Ll 1~itiatee ~frac12~r of

rg~r0se ion ~ rc ~- wltr in viol tlcl cf internt i_onc 1

- 42 shy

bull lew treeties middotrreenents end cssurnces grinst

the United Stltes of merice

Section 9 of the Terticulers in Pendix

the follow in~ Treatmiddot r~icles in npencix S ifos

1 to 9 inclusive~ 19 22 tQ JO inclusive )3 34 end

37 and the whole of the t~surances in 1ppendix C

relate to this Count

ccrn 21

The same Defend9nt~ es in Count 20 on or about

the 7th December 1941 initiated e var of aggression

an~ a wer in viol2tlcn of international law treatie~

agreellents en( assurances aga~nst the ~orllonvealth

cf tte Trili-pines

The sane Jart i_cbullilere Treat~middot frticles and

~ssurances 1s in Count 20 relate to this Count

CCIJT 22

The ssLe Defencl11ts as i- Coant 20 cn_ or about

tbe 7th Decelber J941 iitiated a var of aeressicn

ana a war in viol2tion of internat~unal las treatie~

agree1nents and assurances afainst tbe ritish

rcnnonwealth of Natcns

Section 9 cf tte Perticalr s in ppendix

thegt follovinf Treaty rticles in pnenciix B Nos

J to 5 inclusive 19 22 to JO ~nclusive 33 and 37

and the hole of the ~ssurences in rppendix C

relate to tr is Cobulltnt

Tte lefendsnts tlrI )CEIPmiddotq 1IPrmmiddotmiddot

- 4) shy

HIROTA HOSHINO ITICKI KIDO W TSUQKJ liUTI

NCJNO SHIClITSU end TOJO on 0r ebout the 22nd

Se~tember 19~0 initieted ewer of errression end

e ~Br in violetion of international lEw treetiFs

egreements end essurences efeinst the Re~ublio of

Frence bull

The seme Perticulers Treety Jrticles end

Ps~urences sin Count 15 relrte to this Count

CcUfilZh

The srne tefendants es In Count 2J on or Eboui

the 7th Decembfr 1941 initietec ewer of errression

and a ~Pr in violetion of internetione le~ treeties

egreements enc assurances e~einst the Kinrdom of

Theiland

Section 7 of the Particulars in A~pencix A end

the following Treety Jrticles in Appendix B Nos l

to 5 inclusive 33 34 36 37middotend 38 relete te

this Count

QOUNT 25

The Defendents ATJgtKI DOHIHJRA HJTA HihANUMA

HIROTA HOSHirO ITJCJII KIDO MATSUOKJ Mi TfUI

SHIGUITSU and SUZUKI curing July end August

1938 inititec ewer of Pffression end ewer in

violetion of internetional lautrerties egreements

enc es~urences by ettecking the Union of Soviet

Socielist Re~ublics in the eree of Lake Khasan

The serne Perticulers Trerty Articles end

Assurences es in Count 17 1 relate to this Count

- 44 shy

CCTTTlT 26

The Defendents middot-~YI )CHlli1U HT BIRcll

ITGU(I lIDC HIS lTiTTI lTSUCK 1 ~UT0 SUZUmiddotI

0GC TCJO end nnztr durin the summer cf 1939

initiated a war of sgrression and a vsr in violoticn

of international lev treeties agreements and

assurances by attacking the territory of the

J~npolian Peonlebulls Republic in the area of the

Kha1khin-Gol River

The same eirticulars Treaty rticles and

ssurcnces as in Ccunt 17 relate to this Count

C(TJT 27

11 the Defend5nts bet~een the lEth Septenber

1931 end the 2nd September 1945 waged a wer of

aggression 8nf a bullrr in viol~tion of intern~tionel

lew trecties fgreenents and assurances flfeinst the

Republic of Chine

The seme Perticulars Trety rticles snd

~ssurrnces ~sin Count 2 rel~te to this Count

C(T~T 28

11 tte Pefend~nts between the 7th July 1937

end the 2nd Setenber 1945 wared s wer of aggresshy

bullsion nc1 r ymiddotr in viol~tion of internctioncl ltw

trertilss egreerJGn ts end ssurnces rgiinst the

Re~ublic of Chine

The SfMe Perticulcrs Tre~ty rticles 8nd

ssurrnces -s in Cmiddotunt 2 relute ~o this Count

- 45 shy

CCUlT 29

ll the Defendents between the 7th DecElllber

1941 ~nd the 2nd September 1945 wnged 6 wrr of

rggression end c Mr in violation of intermtionel

law treaties agreements end assurances against the

United~tates of tmerica

The following Sections of the ~articulers in

pp end ix i1 os 4 middot to 10 inclusive and the sane

Treaty ~rticles and ~ssurences as in Count 20 relate

to this Count

COlP1 JO

Lll the Defendsnts between the 7th Decenber

1941 and the 2nd Spte~ber 1945 waged a war of

aggression end a war in violetion of international


Corlllonweslth cf the ~hili~pines

The same Particulars Treaty ~rticles and

1ssurances as in Count 29 relete to this Count

crrJl 31 middot

Ul the Defendrnts betveen the 7th December

1941 and the 2nd Se1Jtember 1945 waged a Viar of

apgression and a wer in violatiog of internationalbull

law treaties agreerents end assurances against

the Pritish Corinonviealth of Nations

~he followin~ Sections of the ~articulars in

Appendix J Nos 4 to 10 inclusive and the same

Treaty bullrticles end ssurances as in Count 22 relate

tc this Count

- 46 shy

CCTTJ 32

All tte Defendants between the 7th December

1941 and the 2nd September 1945 waged a 11r of

aggression and a war in violation of international

law trestles egreeuents end assurances agenst

tte Kingdom of tce lf1therlands

The same Particulars Treaty ~rticles sne

rlssurances as in Count 14 relate to thisCount

CC 33

The nefendsnts tRTi 001smiddotnmiddot IRNUt

FIlCT~ FNFnH lTlYI YID0 ~TSTTCK IUTO

1GW0 SIG~I5 end TCJC en end after the 22nd

Septelber 1940 vaged a war of algressipn end a

war in vbullolltion of ~nternetional law treaties

arreenents end assurances against the Republic of

France

The same Particulars Treaty ~rticles end

cssurances as in Count 15 relate to this Count

middot CCUNT 34

_11 tre Defendants between the 7tl Decemberbull

1941 and tbe 2nd September 1945 waged a war of

aggression end a war in violttion of international

law treFties agreenents and assurances against

the lingdon of Treilend

middot Tte sene erticulers and Treaty rticles as

in Count 24 rBlete to t~is Ccunt

CCIDT 35 bull The smiddotme Defendants ss in Count 25 during th

- 47 shy

SWmer of 1938 waged a war of aggression and a war

in violation of international lew treoties agreeshy

nents an~ assurances against the Union of Soviet

Socialist Republics

The same Particulars Treaty rticles end

lssurences es in Count 17 relte to this Count

CCUc 36

The seme Defendunts ss in Count 26 during the

surller of 1939 eged a Yer of aggression in violashy

middottion of intermticnfl lew treaties egreements poundmiddotnd

essurlnces egeinst the rmiddotonrolifn Peoples Republic

and the Union of Soviet Socielist Renublics

The SFMe Flrticulers Treaty lrticles end

ssurr-nces ts in Count 17 rele te to this Count

ltmCUlt TWO U1DEl

The following Counts chrrfe the crimes of

raurder enltl conspirecy to murder being ects for

wlich it is chi-reed thtt the persons nmed rnd ecch

of thim rre individully responsible being poundt the

seoe tine Crirnes cgcinst eoce Conventionil Wer

Orines ~nd Crimes poundguinst Humeni ty contnmiddotrJ to ell

the 1J-ragrrhs of rticle 5 of the s~id ChArter to

Internrtionmiddotl Lrw ~nc tc the middotaoL1estic lews of ell

the countries where cor-oi tted including Jrbullpr-n or

to one or ~ore of them

CCl 37

The Defendints DCPIF cl FTR 1JTnt FIRCT

- 48 shy

HCSFINC KAA I(ID0 lIlURA ~me tAGATC CYA

0SrA S~( iltJlADA SJZTTlG 00( end JCJC togethe

~ith divers other per~ons between the 1st iune

1940 and the 8t~ Decet1ber 1941 rarticipated es

leaders organizers insti~ators or accoLplices in

the formulation or execution of a corilon rlan or

consnirecy end are responsible for all acts pershy

formed b themselves or by any person in execution

of such plan

The object of amp4ch ~lan or conspiracy was unlewshy

full~middot to kill and murder the persons described

below by initiating unlegful hostilities against

the United States of bmerica the rorutonwealth of

the rhlippines the British Colraonwealth of Iletions

the Kingdom of the lfotherllnds nd the Kingdoa of

The llend sne unlewf111ly orcering causing end ershy

ciitqng the ermed forces o JaJen to attack the

territory ~ti-s ~nd eir1lenes of tbe said netions

er sore of tJierl et tiL1es when Japan vioulu be et yeece

vith the said cstons~

che r-erscns intenled to be lilled end rurdered

were eJl such rersons both members of the armed

forces of the seid nationsand civilians es might

te~nen to be in the places et the tues of such

attacks

The said hostilities end attacks were unlawful

bscause they ~ere breeches of Treaty Article 5 in

Anpendix B enf the accused enc the said armed forces

of Japan could not therefore acquire the rights of

lawful belligerents

The accused ~nc each of the~ intended that such

- 49 shy

hostilities stoulc be initiated in breach of such

Treaty ~rticle or were reckless vhether sucb Treaty

Article would be violoted or not

COTT JS

he Defendante DltHIFARA FIP~~1um nroT ~

V(l~I0 ~6t iITJC IlT~~ ATSUCKA fJTO r~GUO

CK~ (ltHD~ STC SHD~~DA suzrnI TOQO ond TOJO

to~ether with divers other ~ersons between t~s 1st

J1me 1940 and the 8th De~erruer 1941 partici)Jtted

as le6ders organizersmiddotinstgators or accomylices

in tle forllulrtion or executicn of o COLlJon rlan or

cons~irac~ end are resnonsibla for all acts pershy

formed by ttemselvss or by sny person in execution

cf such 1an

The object of suchJJlon or consnirecy wes unshy

lawfully to kill and murder the persons described

belov bibull initiating unlawful rostilities tgainst

the Uni tecI States of tmerico the Comronweal th middotof

the Thilip~ines theuro ~ritieh Cormonwealthof Notions

the Kingdon of the etherlcnde and tre l(ingdcm of

Thai lent end unlewftlly order inf causng and pershy

nittinc the armed forces cf Jicen tmiddoto attack the

torritor~ ships oud airlanes of the soid notions

or sone of treuroll

The middotersons intended to be killed enc murdered

were all such ~ersons both oembers of the aroed

forces of the said natons end civiliens as mifht

happen to be in the olaces at the tiues of such

attacks

The said hostilities ond attacks ware unlawful

- 50 shy

because they were breaches of Treaty Articles 6

7 19 33 34 end 36 in Appendix Bena the accused

end the said armed forces of span could not thereshy

fore acquire the rir-hts of lawful b~lligerents

The accused end each of then intended that such

hostilities should be initiated in breech of such

Treaty ~rticles or were reckless whether such Treaty

Articles or any of then would be violated or not

C0T11 9

The same Defendants es in Count 38 middotunder the

circumstances ellered in Counts 37 end 38 by ordershy

ing ceusinr end ermitting the armed forces of

Japan to attack tle territory ships and airplanes

of the United States of America with which bullnation

Jinien was then et peace at middotPearl Harbour Territory

of Hawaii on the 7th December )941 at about 0755

hours (Pearl Harbour time) unlawfully killed and

murdered Adniral Kidd and ebout 4000 other oembers

of the naval end nilitary forces of the United State

of America lnd certaii civilians vJiose nanes and

nurnber ere et present unknown

CfTmiddotT 40

Tee sane Defendants as in Count )8 under the

circur1stances elle~ed in Counts 37 and )8 by ordershy

ing causin~ end rerrnittinR the armed forces of

Japan to attack the territory end airplanes of the

British Conmomealth of Nations 1th which nations

Japan was then et reece et Iota Eahru Kelenten

on the 8th December 1941 et about 0025 hours

- 51 bull

(Singapore ti11e) unlawfully killed and murdered

certain menQers of the aroed forces of the Pritish

Commonwealth of Nations whose names end number are

at present unknown

comrr 41

The same Defendants as in Count 38 under the

circ110stances alleged in Counts )7 end J8 by ordershy

ing causing end rerr1ittini the a rfled orces middot of

la pen tc etteck the terri tor sb 1ps end airplanes

of the ritish Comnonwealth cf Nations with v1lich

nations Janen was then at peace at Rone Kong on

tte 8th Decenber 1941 at ebout 0800 tours (Hong

Kong time) unlawfully killed and murdered certain

members of the armed forces of the British Coraonshy

wealth of nations whose names end number are at

present unknown

CCTTNT 42 The same Defendants es in Count 38 under the

circumstances alleged in Counts 37 end 38 by ordershy

ing CIJUSing end pernitting the arHed forces Of

Jepan to et tech H IS ETRiL a ship of the British

ComtonY-eelth of lpoundtio_ns with which nations Japan

wes then rt eece et Shibullnghei on the 8th December

1941 et cbcut OJOO hours (Shcnghei tine) unlawshy

fully killed r nt rurdered three members of the navel

forces of the ~ritish CoILlonweelth of Nations whose

names ere et present un1ltnovin

52 shy

crT1T 43 the som~ Dcfcndcnts os in Count 38 under the

ciroumstFnces alleged in Counts 37 end 38 by ordershy

ing causing end rermittin~ the armed forces of

Jeren to ettecl the territory of the Corimonvmiddotealth of

the ~hilipnines vith which nation Japan was then at

peace et Deveomiddot on the 8th December 1941 et about

1000 hours (anila time) unlawfully killed and

murdered certain mElllbers of the armed forces of the

United States of America end of the armed forces end

civilians middotor the comiddotlLlomealth cf the Ihilippines

whose nomes end number ere at TJresent unltnown

CCUNT 44bull All the De1endents together with divers other

persons between the 18th S~pternber 1931 and the 2nd

Septenber 1945 ~erticipeted as leo~ers organizers

instigetors or eccollTJlices in the 1orruletion or

execution of a coJnon plan or consiiracbullmiddot end ere

resryonsible for ell Acts performedmiddot by theuselves or

by any person in execution of such plan

The object of such plan or consiracy was to

)rocure end permit tte- riurder on a wholesale scale

of prisoners of wer MEfubers of tht ermed forces of

countries opposed to Je~ Egtn vho id-ht le~ down their

erlls enc civilians who niht be in the rower of

Jepcn on land or sea in territories occuried by

Jaron end crews 01 shi s destromiddoted bmiddot Japinese

forces in ruthless ~ursuit of victory in the unlawshy

1ul wrrs in which Japan was or would during the

said period be ~1J8oged

- shy

CCGNT 45

The Defendcnts ARAKI L~S-Il-CTC FATA EIRJJlUlA

prqc-r abull IT ~GtYI Y- f A JIDo HATSUI mrrc SUZTTKI

rnd UHEZP on the 12th December 1937 rnd succeedinf

dcys by unl 0 wfully oreering ciusing nd peroitting

the rrmed forces of Jqfn to ctt~cl ~he City f

NPning in breach of th3 Trerty Articles ~ientiond

in Count 2 hereof tnd to slr-ughter the ihhabitents

contrcry to internrtioncl lcw unhbullwfully killed

rnd Murcered Many thousands of civili~ns end disermed

soldiers of the Re~ublic of Chine whose nemes nd

number 01re rt preEent unrnovm

CCTfT 46

The sme Defenccmiddotnts i s in Count 45 on the 21st

Cctobor 1938 end succecding dt1y s by unlswfully

ordering CUsing rnd rern11tting the rrr1ed forces

of Jrrcln to ittck the City of Canton in breech of

the TreAty ~rticles montioncd in Count 2 hereof ~nd

tc sbuehter the inheibi tilnt s contrrry tci interndegtiollf

lcw unlawfully killed r nd nurdered l~rge numbers

of ~ivilisns end disvrmed soldiers of the Republic

of Clini vhose nrmes r rc number cre st present

unknown

C(TJ 47

The scme Defendcnts rs in Count 45 prior to tte

27th October 1938 end on succeeding dsys by

unlawfully ordering cuusing ~nd pern~tting the

nmed forces of Jrpon to cttcct the City of Hcnkow

in breech of the Trenty ~rticles mentioned in Count 2

- 54 shy

bereof and to slaughter the inhabitants contrary to

internatioal law unlavfully killed and Murdered

lerge nllllbers of civilians end disar1ec solciers

of the Oepublic of China wtosa narces and nU1ber ere

et Tresent un1middotn9wn

C01-l 48

The Defendants EATA rrnc 1crso StTC SlIGEshy

EITSTT Ter end mrzu prior to the 18th June 1944

end on succeeding days by unlawfully orderi11euro

causine and arnitting the erled forces of Japan to

attack the City of Changsha in breach of the Treaty

Articles nentioned in Count 2 hereof and to slaughter

tle inhlbaents contrary to internaticnal law unlawshy

fully killed and murdered nany thousands of civ~lians

end di sarnec solders of tte Republic of China

whose nales and ru11tbcr ere tt resent unknown

COHFT 49

Tte S~ne Defencants as in Count 48 prior to

tte ett luiust 1914 ampnd on succecdin[ days by

unlamiddotfull order ins csusin[l end pe t tin the

eried forces of caigtan to attack the City of lengyen

in tre rrovince of H11nen in breach of the Treaty

trticles mentioned in Count 2 hereof end to slaufhter

the inhebi tents contrary to intermitioal lampv unlawshy

fully killed and nurdered large nuribHs of civilians

enc disarmed soldiers of the Republic of China whose

neMcs and nunber erE it present unknown

- 55 shy

CCTTIT 50

The seme Defendants as in Count 48 prior to

the 10th Noveirber 1944 and on succeeding days by

unlawfully orderine causing and pernitting the

arr1ed fo~ces of Japan at attack the Cities of Kweilishy

and Liuchow in the Province of Kwangsi in breach of

the Tre~ty Articles mentoned in Count 2 hereof and

to sleUfhter tte inhabitants contrary to internatiom

-law unlawfully killed end murdered large nuabers

of civilians and disarmed soldiers of the Republic

of China whose names and number are at present

unknownbull

cnTNT 51

The Defendants ARAYI DCEIHARA HATA IlAtUMA

I~G~YI IGDO 1ciso lmiddotATffiTI 14Tsrroy 1middott~C

SUZUKI TCGC TOJO and IDEZU by ordering causing

and permitting ~he armed forces of Japan to attack

the territories of Hongolia and the Fnion of Soviet

Socialist Republics with whicl nations Japan wamps

then at peace inmiddot the reeion of the Khalkbin-Gol

River in the summer of 1939 unlawfully killed and

murdered certain merobers of the armed forces of

onolia me the rrnion of Soviet Socialist Republics

wlose nElti1euroS and nunber are et present unknown

ccmiddotJNT 52

The Defendants ARAII DrHIHARA HT11 FIRANUJIA

FIRCt FCSFTHO ITAGAI-I KIDO l1ATStTCKJI l~TSUI

SEIGlI15CT lttZTJKI and TOJO lJy ordering causing

end permitting the armed forces of Japan to attack

- 56 shy

the territory of the Union of Soviet Socialist

Re1middotublics with Vhich nation Jarien was th~n at peace

( in the region of lake Lhasan in the months of July

and August 1938) unlawfully killed and murdered cershy

tain me1bers of the ermed forces of the rrnion of

Soviet Socialist Rebullmiddotublics whose names tnd number

are at present unknown

GRCPP TIIRpound ccvmiddotrrrbullmiddotn tR CRIS M-Ti CRIES N~middotST Fll1t7IT

The following Counts charge _conventional ier

ir~lles enlt Crir-es egelnst EunaniJy beins acts tor

wrich it is charged that the persons na~ed and each

of them are individually resnonsi ble in accordance

with trticle 5 and particuierly ~rticle 5 (b) end (c

of the Charter of the Interneticnal iilitery Tribune

for the Far East and in accordance with Intershy

national Law or either of them

CCU-T 53

The Defendants DCRIFRA ~Tt -(SJjUC

ITGA1I IAl lILC rc1~~ Iorso urc NtG~NO

CY~ CSHrmiddot~ S~TO SI-IGTSl) mutD STTZULI TOGC

TOJO and UlEZU together with divers other persons

between the 7th Decellber 1941 end the 2nd Se]ltember

1945 ~articipnted as leaders organizers instigashy

tors or accololices in thE formulation or executlon

of a corllon plan or conslirecr and ere res)onsi ble

for all acts perforMed by therselves or br any

rierson in execution of such plan

The object of such olari or consiracy yen1es to

order authorize and r ermit the Co 4ctanders-in-Chief

- -57 shy

ot the levaral Japanese naval and nilitary forces

in each of the several theatres of war in which Japan

was then engaged and the officials of the Japanese

Har inistr~middot and the parsons in ctarge cf each cf

the canps and labour units for prisoners of war and

civilian internees in territories of or occupied by

Ja)an and the military and civil police of iapan

and their respective subordinates frequently and

habitually to co=it the breaches of the Lawsmiddotend

Custcms of 11~ar as contained in and proved by the

Conventions assurances and ~rectices referred to in

l~rendix D against the ermed forces of the countries

hereinefter named end againet many thousands of

ori sonars of war end ci vi liens then in the rower of

Jenan belonpin~ to the Tni ted States of America the

British Colonwealth of rations the Republie of

France the Kingdom of the Netherlands the Cormonshy

wealth of the Flilipines the Republic of China

the Republic of Fortugal Bnd the Union of Soviet

Socialist Republics end that the roverru1ent of Japa1

should abstain from takin adequate steps in accordshy

ance vd th the said Conventions and assurances end

Laws and custot1s of ~er in order to secure observenc

end prevent breaches thereof

In the case of tre Republic of China the said

plan or consryirecy began on the 18th September 1931

end the following Defendants participated therein in

addition to those above-named ARAI HASFHOTO

RAlll~ ~(~ lATSTJ middot~Tsnrn1 ~TlrlI

bull 58 shy

C0PNl 54

The Defendants DOFiJEAR~ H~TAHOffiINO ITAGAKI

KAYA Kif-0 YIMURA KOISC MUTO NAGANO OKA OSHIMA

SATC SFIGlITSU 1RIMADA flJZUYI TOGO TOJO and

UEZ1J between the 7th Deceober 1941 and the 2nd

Septeuber 1945 ordered authorized and permitted

the same ~ersons as oentioned in Count 53 to co=it

the offences therein mentioned end thereby violated

the laws cf War

In the case of the Republic of China the said

orders euthorities end permissions were given in a

period beginning on the 18th September 1931 and

the following Defendants were responsible fer the

same in addition to those named above A~AII

FASED0TO PIRUJTJrA FIROTA HATSI AT-UOKA

CCFNT 55

bull The Defendants DCFIB~RA HAT HOSE-INO ITAGfiKI

KrA iID0 YIHlTRP KCIS0 EUTC NAGfNC OKA Ofxllll

S~TC PIGIlITCTT Sl-DiD~ ampJZUKI TCGO TOJO and

tn~zu between the 7th December 1941 end the 2nd

September 1945 being by virtue of their respective

offices responsible for securing the observance of

the said Conventions end assurances and the Laws and

Customs of ar in respect af the armed forces in

the countries hereinafter named and in respect of

many thousands of prisoners of war end civilians then

in the power of Japan belonging to the United States

of rmerice the British Comrn0nwealth of ~fations

tte Republic of France the Kingdom of tle Nethershy

- ~9 shy

lends the Cormonwealth or the hilippines the

Republic or China the Republic of Portugel end the

Union or Soviet socialist Republics deliberotely

rnd recklessly disregorded their legal duty to1toke

rdequete stops to secure the observonce end prevent

brerohes thereof rnd thereby violcted the lows of

wrr

In the case or the Republic of China tha said

offence begFn on the 18th September 1931 and the

following Defendi-nts were responsible for the same

in addition to those nemed above JRtKI FtSHICTO

FRJPlr HROT- ~~-ToTI HTltTOK~ INJI middot

11herefore this Indictment is lodged with tte

middot Tribun~l poundnd tJie chcrges herein mrde agllinst the

ebove-nomsd Defendants ere hareby presented to the

Tribunal

Joseph B Keenan bull Chief of Counsel acting on behalf of-the

United Strtes of merico

Hsiang Che-Chun

~s sooiete Counsel acting on bah lf or the Republic of China

I s Comyns Cirr

ssocilte Coulsel eoting on behclf of the United fingdom of Greet Brtt11in Pnd Northe

Irelond

S bull Golunsky

ssoc1rte Coubullsel ncmiddott1ng on beholf of the Union of Soviet SoerCl1st Re1)ubl1cs

6Q shy

A J 1nsfeldshy

middotmiddotfsocirte Counel rctine on beh0lf of the Comrionwc~lth or ustrelie

II G folen

r ssociete Counsel t cting on behelf of C(mida

Robert bullneto

ssociate Counsel acting on behelf of the Reublic of ~ranee

W G F BoegerhOff ~ulder

ssocirte Counsel rcting on beholf of the Kingdom of the Netherlands

R H quillhm

Jssocitte Counsel Pcting on behrlf of New Zerlrnd

pbullpGovinds lenon ~ s Comyns Carr

ssociete Counsel ccting on behlf of Indi e

edro Lopez

tssociate Counsel actinF on behelf of the Col1Dlonwerlth of the Philippines

- 61 shy

APPENDIX J

SUirlllarized Particulars sho~in the principal Matters

and Events upon which the Prosecution will rely in

support of the several Counts of the Indictment in

Groun Cne

SECTION 1 1

ILIT1 AGGRESSIN HT lANCHURIA

From January lst 1928 onwards there was a plot

in the Japanese Arm~middot and particularly in the lwantun

Army s~nrorted by certain civilians tomiddotcreete an

incident in 1anchuria which should form a pretext

forIepen to conquer occupy and exploit that Country

as the first ste~ in a scheme of eominetion which

later extended to other parts of Chine to the terr1-

tory of the Union of Soviet Socialast Republics

end ultnately to a wider field aiming to make Japer

a dondnent power in the World

The major events in the execution of it were

About 18th September 1931 Following a long

period of infiltration end consequent friction

Je]lenese troons blew ur a portion of the South

anchurien leilwey falsely accused Chinese troops

cf doing so attacked thet end thereafter pro~resshy

sively end repidlr carried out a Ililitery occupation

of the Chinese provinces of Liaoning Kirin Heilungshy

kieng end Jehol (the north-eastern provinces)

About )rd January 1932 Japanese forces occushy

pied Chnctow in sri te of e ssurance given by their

~oreigh Office to the United States on 24th November

1931 that they would notdo so

- 62 shy

Beginning about 18th Jeruary 19Ji Japanese

nevsl and later military forces attacksd the

Chinese in Shanghai

About 28th to 29tb January 19)2 Jaosnese

bonbed Cbsps1 middotat 1215 am

~b0ut 1st Febtusry 1932 Jeysnese viarships

shelled l1smlng middot

Jurin 1932 Jspen set up a separate puppet

novernrient in the said ~rcvinces enc on 15th Ssptsmshy

b~r 1932 officially recognized it

The 1BSn~ss Government which cals into power

on 13th December 1931 and ell subsequent Japanese

Governments adopted supported and continued thismiddot

sggre_ssion end its grsdusl extension over ether pamprtE

of Chins

Jsren delivered no declsrstion of 1ar against

Chine nade no effort to settle the alleged dispute

by pacific means or by mediation or arbitration

rejected on 5th February 1932 an offer of mediatio

by the United States Greet Britain enc ~ranee

refused to Gdopt the repcrt ampnd recommendations cf

the Lytton Commission apTJointed by the League of

Nations of which Jspen end Ctins were members ormiddot

the resolutions of the League and on 27th ]~rch

1933 reslgned froll the League

Cn 18tr ADril 1934 Jersn announced her absoshy bull lute opposition to sny foreign interference in Chins

other than her cwn

On 1st lerch 1934 Jspsn caused Henry Ju Yi to

be in~tslled es the norinal ruler of the so-celled

Stats of JisncbuJuo Nevertheless large Japanese

- 63 shy

crmies continued down to the 2nd September 1945 to

be mdntcined in these t0rritories using th1am s t

bmiddotse for further rggression ~nd to control together

with J_-p~ nse civi lifn offici ~ls the whole Governshy

ment industry nd finrnce thereof

SECTINT 2

1ILITAR GG1ESSINT IN lW REST 0F C-INA

Jor nesc rggressiCn geinst Chin entered r new

phc oe on July 7th- 1937 when her r_rmy invdod Clinc

south of the Grot r11 [nd htr goverruient ndoptcd

supported lt nd continued the rggresslon 111 subshy

sequent J~~~ncse Governments did the scme

Subsequent mbull_ jor events in this ph~middotse wore

-~bout 19th to 25th septembar 1937 Jrpmiddotnese

forces bombed r~cnking rnd Cc nton r nd deli bcrc te ly

killed lmiddot rge numbers of civilLns

- About 13th December 1937 J-p nese forces

c~Dtured fnking slruhtcred mcny thousnds of

civilimiddotns na committed other outr~ges

During 1940 J~prn Sbt up r- soprrto puppet

Governrotnt in those vrts of Chinbull (other thrn the

four north-o stern privinces _ bove-mcntioned) which

sh- then occuied clriming to be the Nbulltion l

Government of the Reuublic of Chinr middot-nd middotbout

0th November 1940 offic1~ lly rccognizod it bullbull rgbullin J~pmiddotn delivered no dcclrrction of wbullr on

Chinr m~de no rttcmptmiddottc settle the lleged dispute

by pbullcific mcns or by medi~tion or ~rbitr tion

refueed on 25th September 1937 to prticipte in

the Frr Erstern fdvisory Cotllllittee of the Lccgue of

Nr- tions rltcfused on 27th October middotnd og-in on 12th

Novzmbor 1937 to ~tt~nd the Conferenceheld t

Brussels of trG other signmiddottories to the Nine-Power

Trerty of 6th Febru~ry 1922 or to qiscuss its

rppliomiddottion refused on 22nd September 1938 to sit

with the Lemiddotguc of H tions to medirte her disrute

with Chin middotnd on 4th Povcmber 1938 decl red thst

the scid Nin~-Fower Trety WS obsolete

Jrpmiddotn continued her militbullry ~ggression in

Chim by cmiddot pturinz rnong other cities Frnkow on

the 27th October 193~ Ch ngshr on the 18th June

1944 Hsn~y-ng on tre 8th tugust Kweilin on the

10th IovmiddotJbcr nd liqchow on the 11th November of

the Sle yemiddotmiddotr r-nd deliber tcly killed lcrg~ numbers

of civ1li 0 ns bull nd committGd othor outrbullges in erch of

the cities ~fori-mmtioned

SECTION 3 ECPT(IC 1 0GRESSJQ-T I CIW lTl) GRlltTFR imiddotsr middotsrmiddotbull

During the period covered by this Indictment

~pmiddotn est~blished ~ gbncrrl superiority of rights

in f-vour of her own ntionmiddotls which effectivamply

eremiddot ted 111onopolics in comrercimiddotl industril middotmiddotnd

finmiddot ncil enterprisas first in lmiddot nchurimiddotmiddot nd 1 ter

in other prts of Chinmiddotmiddot whch c aa under her dominshy

rtion nd exploitad those rcgioiis not only for the

Gnr fobmen t of JmiddotmiddotO n nd those of her nction ls pmiddotrshy

ticimiddot ting in thosG entsrnrises but s -rt of

scheme to 1leken the resist nee of Chiflr to exclude

other -middot tions middot nd n middotticnmiddotls nd to provide funds

nd munitions for further I ggression

li5 shy

This plmiddotn middots w~s the intention of soll~ rt le st

or its oripintors both on its economic rnd militry

side err dumiddot 11 cc me to embrce siuilmiddotr designs on

the remmiddotinder or ~-st si~ middotnd CCOPnio

LntGr it WS officibulllly exprnded into the

Gretcr E st middotsi- Co-Prosperity Sehemc ( a title

designed to cover up ~- scheme for completeJpmiddot nese

dominrtion of those -rcmiddots) -nd Jbullmiddotpmiddotn declmiddotred thrt

tris wbullmiddots tho ultimrte rurpose of the militcry

ocinpr ign

The sbullme org nizltions rs re mentioned in

Section 4 hereof were used for the ~bove purposes

SECTION 4

lrTHCDS CF CCRRTrTI(W tD C0RCINT Tmiddot CFH middotrm OTHltR OCClI~D T~RRITORI~s

Durin the whole period covered by this

Indictment succossive Jrpnese Governments through

their llilitmiddotry 11d nvrl commmiddotnders ~nd civilLn

(gents in Chinmiddot nd other territories which they

hmiddot d occupied or dt3signed to occupy pursued (l systemshy

r tic policy of wemiddotmiddotl-ening the nmiddottive inh-bitmiddotnts will

to re~ist by ~trocities middotnd cruelties by force nd

thre~ts of force by bribery nd corruption by

intrigue r mongst loo~ l poll ticirns nd generr ls by

directly bullnd indirectly eneourmiddotging inerebullsed proshy

duction middot nd importmiddotbulltion of opium nd other nmiddotrcotios

-nd by promoting the Sle nd consumption of such

drugs middotmong such peole middot The Jrpr- nose Govlt1rnment

secretly provided l 0 rge sums of noney which togotht

with bullrofits rroll thegovernment-sponsored tr~rrie

- 66

in opillll end other narcotics and othermiddot trading

ectivitiea in such areas frac12ere used by agents of the

Jananese government for all the above-mentioned

~urposes ~t the seme time the Japanese Government

was actively participating in the rroceedings of the

League of retions Co=ittee on Traffic in Opium and

other Dangerous Drugs and desrite her secret

activities above-mentioned professed to the frac12orld

to be co-operating fullj _with other meL1ber nations

in the enforcement of treaties governing traffi~ in

opiwi end other narcotics to which she was a party

This participation in end sponsorship of illicit

traffic in narcotics was effected through a number

of Japanese goverruiental organizations such as the

lenchurian Affairs Board the Chine Affairs Board

end the Southern Region Affairs Soard which were

combined in 1942 to form the Greeter East Asia

inistry and num-arous subsidiary organizations end

tradin~ companies in the various occunied end soshy

eelled independent (puppet) countries which were

ope~ated or su~ervised by senior officers or civilshy

ienjaProintees of the Army fnd the Navy

Further reve1Ue trom the above-mint ioned

traffic in opium end other narcotics was used to

finance the ~reparation for end waging of the wars

of aggression set forth in this Indictment and to

establish end finance the nuppet ~overnments set up

ly the Japanese overnmeht in the various occuried

territories

- 67 shy

SECTION 5

G-0YRL tgt- ~R TIt Fr1 middotR

Vtith a view to future wars of aggression and in

order to prevent other nations frolll interference in

her war cf aggression alre9dy in prog~ess against

China ~a~9n frorn 1st January 1932 onwards strength

ened her nsvel military nroductive End finenci9l

preperetions for war In particular but without

li~iting th0 above alle~ations

(e) t~VH

bout 29th December 1934 she denounc

ed the 1ashington lkvtl Treaty efter an

unsuccessful attenpt to persuade the other

Signatories to agree to a common upper

limit of global nrvsl tonnage for her own

obvious cdvvntege

bout 23rd J~ne 1936 she refused to

adhere to the London Nevel Treaty

On or about 12th February 1938 she

refused to reveal her nlbullVel building pl1cns

on request by the United St9tes Britein

~nd France

t rll times she secretly increased

her nev~l strength

middott Ell times end especiolly throughout

1941 she Made secret n~vrl plans for the

eurprise attacks which ultimetely toek

place on December 7th-8th 1941 on Pearl

Harbour Sngepore Hong Kong 11aye end

Sh~nghei Od for similer attacks on other

plscemiddots in the Pccific tnd Indien Ccens end

- 68 shy

and on the territocy of the Union or soviet

Socialist Republicsmiddot

(b) MILITARY

Japan continuall7 and progressivel7

increased the size of her arm7 not onl7 as

required for her war of ag~ression against

China but to a larger extent for the purshy

pose of other wars of aggression On the

6th April ~9amp9 she passed a general

Mobilization Law and tmreafter put it

into effect

(c) NAVAL AND MILITARY

Japan cont lnual 17 and progress i vel7

fortified th islands for which she held a

mandate from the League of Nations

Treat7 Articles violated 15 17

18 31

(d) PRODUCTIVE

Japan continuall7 ard progressivel7

increased her capacit7 tor the production

of munitions or war both on her Oiln tershy

ritor7 and in terrltories occupied or conshy

trolled b7 her to an extent greater than

was required for her war of aggression

against China for the purpose of other

wars of aggression

(e) FINANCIAL

The finance for all the above-mentioned

purposes was provided pa rtl7 through the

Budget b7 taxation partl7 by loans ani

partly from the profits of the exploit~ttons

bull - 69 shy

as described in Section 3 herect and

particular y of the sae of narcotics as

described in Section 4 hereof

SECTION 6

THE ORGANIZATIOll OF JAPANESE POLITICS AND PUBLIC OPINION FlgtR WAR

Two provisions incorporated by ordinance or

custom in the Japanese constitution gave to the milishy

tarists the opportunity of gaining control over the

Governments which they seized during the period

covered by this Indictment

The first was that not only had ttw Chiefs of

Staff and other leaders of the Army ani Navy direct

access at all times to the Emperor but they had

the right to appoint am withdraw the War and Navy

Ministers 1n any Government Either of them could

thus prevent a Government from being formed or

bring about its fall after it was termed In Kay

1936 this power was further increased by a regulashy

tion that the Army and Navy Jlinisters must be senicr

Officers on the active 11st EG the fall of the

Yonai Government on 21st quly 1940 and of the Third

Konoye Government on the 16th October 1941 were in

fact brought about by the Army 1n each case they

were succeeded by Governments more subservient to

the wishes of the Army

Thbull seconi was that although the Diet had the

right to reject a Budget this did not give them

control because 1n that case thbull Budget of the

preceding year remained in force

- 70 shy

middotDurlnr thls middotperiod suchtree Porlie~cntary

lnstutiti~ns es preVi)USly existedwere rttdUnlly

stamped )Ut and a system simllti to the Fascist or

Nazi mooel introducedbullbullThis took derinite shllpe

with the f)rm~tion n 12th October 1940 of the

I11per1al_ Rule Asslsttnce AS9cintion am later or

the I11perlal Rule Assist~nco Political Society

Durlnr thi~ p~ri~ 0 virorus compain r inciteshy

ment to expansion was carried

on in themiddoteorlier

part t the period middotby individual writers end speakers

but rrnduolly this ceme to be orfanized by Government

artnc1es which elso stamped out tree speech tnd

writing by opponents ~r this policy A large number

t sctetics some secret wasalso rormed_both 1n

the Army end Nevy and amonr civilians with similar

objects Opposition to this policy wes also crushed by assassinations ~r lecding politicians who were

n)t considered surrtcicntly friendly to it ond by

rear end threats of middotsuch nssassinatioos The civil and especially the military poiice were else used to

suppress oppositi-m to the wnr policy

The educnti)nal systeos civil military and

nnval were used to ln~ulcate e spirit or totnlishy

t~rienis~ crgrcssion~ desire tor war cruelty and

hatred r ptential e~emies

Successive Japanese_ Governments from early 1n

1936 onwards cultlvcted close relati)ns with the

- 71 shy

totlitr-ri n iovers 1n Luro1gtc Germny rnd Itrly

which hrrboured simil~r designs in relrition to thmiddot

rest middotor the world to those of J~pn in relrtion tomiddot

--~st middotstmiddotmiddot ~nd the Indirnmiddot rrtd Tltc1t1o Ocerns bull

On ToveJ11ber 25th 1936 middotthey signed tli ntishy

Comitermiddotn Pc otmiddot--~ith r middot~e~ret middotJmiddototo~oi nd r Aecret

ilitry Trt1ty directed osmiddott~n~1t1 cgdnst tho U~i6n of Soviot cod11~t ~epubHca i-nci ccimmunis111

~ but ( oturlly designed ~ lso a ( prelude to joint

~gressivc rotion ~n rcnerr 1

v~rious countries under th domin--tion of middotxis middot - ~ -~ bullbull

Powers including the lUppot govrnments of Jnnshy middot1middot bull shy

chukuo _~nd th~ Nr nking Regime in Chinr wer~ degdmi ttlt

to the ~nti7Comintcrn lot

middotuust 1939 extensivE-negotitons werecondilctampd

between J~n r-erm~_ny_~nd Itr-ly rorthe estbullblishbull

ment ofmiddotn econoru9 politiccl bullnd militbullry cllince

On 26th urust 1939 Jmiddot prri throufh her rubrs~

a~dor in 1fshineton ssured middotthe United Stf tea of

Jllericr tht she hbull d decided to b~ndon ny further

negotirtions with middotrerlilny nd Itrlymiddot relctive to

closer rel(tions under the middot nti-Cornintern Jgtbullct bull

rrefoti- tions between Jmiddotpn nd middotGerm ny for the

esteblistmGnt of middotmiddotn econonic politicmiddot l ~nd milikry

pound111nce were resumed in July 1940

Between 13th middot_ugmicrost nd 22nd September 1940

rfterthe rmistice in June 1940 between Germrny

rntl the middotut~oritylimiddotter to be knownFs ths Vichy

1rovernmerit of Fr~ nee subservient to Germ~middotny nd

bullfter the occupction by Germmiddotny of 1( rge prrt of

- 72 shy

frr nee Japan inciuced and_ coerc~d the general gover

ment of Frenchmiddot Ineo-China to enter intomiddot agreements

with herfor mUitary end econ~mic concessions inmiddot

that country and especially the northern parttliere-

of On 22nd-September 1940notwithlltanding agree

ments aigned onthe samedey Ja-enesetroops

attacked French Inda-Chinese uni ts and were met thmiddot

strong re$lstance

en 27th Se)tember 194Q Japan signed the Trishy

Partite Jact vith Germny and ltaly middot

In theearly pert of 1941 Jepentaking advantshy

age or a bounclary dispute raised by heiland against

French Indo-China purported to ect es mediator or

erbitrator_therein butactually brdughtebout a

settlement unduly fevoureble to Thailand middotwith amiddotview

toobtaining heraidin or submission to future

aegression end atthe serre time madefurthermiddotdemands

for military and econonic concessions in French middot

lndo-China bull~be said settlements were finally conshy

cluded on 6th-9th imiddotay 1941

Collllencinlmiddot in the middotletter nertmiddot of February 1941middot

Jel)en and Ger111any conducted negotiations on the

subjept of oint Elli tary ction against middotlgtLgapore

and the territor~ of ot)ler Nations_

On 1st July 1941 German Italy and ell middot middot

Governments subservient to- them inother European

countries at the request of Jepan recognized the

so-called National Government of middotthe Republic ofbull ~

China

On the 12th July 1940 a Friendship Treaty bullmiddotas

signed between Jepan and Thailand

- 7J shy

7romJay to July 1941 Japan further induced

end coerced the general ~overnment or French Indoshy

China to allow Jananese troops to land establish

naval and air baaas end ~enerelly obtain control

over qouthern lrench Indo-China The main purose

on this occasion wee toprovide bases for aggression

directly against the Pritish Common-vealth or lTetions

end the Dutch est Indios and indirectly against

the United States of merica The said agreements

were finally concluded on July 21st and 29th 1941

on which date Japanese forces landed at Saigon

established navel and air bases end generally took

control ofFrench Inda-Chine

Throughout the ebove~mentioned dealings with

Freech Indo-Chine Je~en used the help or Germany and

Italy by coercion upon the Vichy Government cs well

es direct threats or ill6gel force to ettein her

ends

By way o reaction to this aggression and threat

tf furtheraggression the United States of merica

on July 25th end Great Britoin on July 26th froze

the assets ofJapan and Chinemiddotunder their control

rnd opplied other eoon01110 middotpressure agdnst Jcpan

On 25th Tovembermiddot 1941 Jsp1n renewed thlt ~ntishy

Oollintaln rgtect with secret clausesmiddot

Cn ormiddotobout tho let DecGL1ber~ 1941 Jopen

invokillP the Tri-ortite Poet requested Germany nd

Itcly to declare War on the United States after the

beginning of hostilities end tht1t a No middotseperilte

Peace Treety be entered into

On 5th December 1941 Jep4iressured the United

- 74 shy

Stetos ot merico thrt troop movements in French

I_ndo-China were Drecautionery masures

On December 7th-8th 1941 Jspen mPdesurprise

rttecks on territories ot the United States ot

merica the British_ Commonwuelth ot Nctions l1nd

Thdlond usin~ in tbe two latter coses French Indtgtshy

Chinr~ br ee s

Cn the 11th Deceiibcr 1941 Jc pen_ Germiiny rnd

Itrl signed to opbullrbull to Totce rr ct

On 18th Jiinurry 1942 middotc rili ter1 Convention

botween Jbullmiddotn~n cermrny bull_middotnd Itrly wrs signed in Berlin

From 19)6 to 1945 close milittr ncvtl econshy

omic nd diplomc tic co-oper~ tion rmiddotnd oxch nge ot

intormrtion were maintcfned between the r bove three

oountriea t the request ot ~ermnn Jpon trom

the b~ginning ot the wr on December 7th-8th 1941

rdoptcd the Germn polic~ ot r~thless submrrina

Wtrt~re middotnd the destruction or crevs or ships sunk

or o-ptured

By the thre~tenins middotrttitude bullhich Jrprmiddotn mdnshy

tc ined tro111 19)9 to 1941 grinst the Uni_ted Stmiddottoa

or bulliaeriobull the British Cocimonwe~lth otNtions

the Kingdom ot the letherlrnds no the Rerublic ot

Frnce middotnd trommiddot1939 to 1945 (g~inst the Union ot

Soviet Seel~ list Republics 1d by her incru- sing

oonccntrtion ot tr~o~s in regions oonv~nient tor

middotrttrcks Ul)on them she dirtctly bullmiddotssisted Germmiddotny

nd Itnly in their middotw- rs tginst those n tions even

while she rem~inpoundd nominrlly neutrrl

- 75 shy

SECTION 8bull

jGGRESSION AGAINST THE SOVIET UNION-

In the course of many years Japan was continushy

ally preparing war a11d performing11cts of aggressionmiddot

against the Soviet Unhn

bull bull1bull Having faHed ~ he-middot attempt Jo capturemiddot the

Soviet Far East in the period between 19181922 bull

Japan did n~t apan1on the idlao~capturingthe

Soviet areas situated east of theLake-Seykalmiddot

SincltJ 1928 the Japanese GereaJ Steff hld been

planning a war of egfressim against the Union of

Sbullviet ~ocial1~t Republics eager to take advantage

of a chance to start this waz bull

An importrt step ii- th1preparetion nfa war ~

of aggression arainst the Union of Soviet Sochlist1

Republics was t~El ocltupation_of lanchur1a~ 1931 _bull

which a~ we_l~ as KGrea was transformed into a mili 1

tary base for a1tacking the Unio~ or icvi_et SociRlist

Republics in a numbPr of years Railroads and_ highshy

ways vere constructe~ in anchuria after l93~ of

stratPgic importancmiddote and ran towards the frontier of

the Union of Soviet Sociali~~ Rep1bl1cs The -bull

strength of the Kwantung Army ha~ been jncreased middot ~~~ bull bull~ middot _~ J_~j -- --~

from twa divisions in 1931 to fifteen in l94~ bull ~ ~) 1 - ~

A great number of new airfields fort1f1e~ gt middotmiddotmiddot_- ~~middot~

areas dumps barracks sea and river ports destined bullbull bull ~middot bull i ~ middot t lt bull - bullbull bull bull bull

to serve in the war of aggression against the Unicn bull bull bull J bullbullbull - bull bull bull bull bull - ~

of Soviet Social~st Republics were built

In ~anchuria the war industry develop~d at a

fast rate Areas adjacent to the Union of Soviet

Socialist Republics frontier were being colonized

- 6 shy

by Japanesereservists with the purpose of strengthshy

middotening the Kwantung lrmyat the moment of mobilizashy

tion Propaganda in the press b radio etc r

directed against the Soviet Union was carried on

111tenselr middotOn Lanchurian-territormiddot Japan organized

and supportedmiddot on a large middotscale ehments from lussian

emigrants hostile to theSoviet Union and prepared

them for hostilemiddotects againstthe Union ofSoviet

Socialist 1epublicsJapan systematically organized

armed middotolasheson the frontierand organized acts of

sabotafe-end terrortstmiddotacts onthe Chinese Eastern

Railroad

InJ9J2 Jaian twice rejected the proposal of

the Union ot Soviet Socialist Republics to conclude

a non-aggression pact

in 1938 Jlpan without declaring war attacked middot

th~ territory of the seviet Union at the Lake hassan

In 19)9 Japan again witheut declaration of war

at tacked the terli tory of themiddot ~middotongolian Peoplemiddot s middot

RepubUc en ally of the rrnion of Sovietmiddot Socialistmiddot

Republics at the Halkin-Gol Rlver (Naoanhan) and

engaged the ongolian Peole s Republic armybull and bull

its allied Red Ar11y bull In both cases Japan pursued the

aim of reconnoitrine themiddot strength of the Rad Jrmy bymiddot

battle and capturing strategic positions for future

war against the trnion of Soviet Socialist Republics

Having been repulsed twice and having sufferedheavy

losses Jmiddotmiddotpan nevertheless did notmiddot stop the preparashy

tiors fora sur~rise attac~ ~gainst the Union of

Soviet Socialist Republics

hile Preparinl for the war against the Soviet

- 77 shy

Union Japan during several years carried on

negotiations with Hitlerite Germany end Fascist Itel

on a j~int aggression The principal stages in

this plot or aggressors were the conclusion of the

so-called Anti-Comintern Pact in 1936 and the sirnillf

of the Tri-Partite Pact or Japan Germany and Italy

in 1940 the aim or which was joint aggressive actio1

of these countries against democratic powers among

them the Vnion ~rsvviet $ocielist Republics

In ~rch 1941 while being in Berlin ror the

purpose of plotting with Hitler about e joint aggres

siort against democratic countries thedefendant

~tsuoka was informed by the German _goverllGlent about

preparations by the latter for war against the Uni~n

or Soviet Sociellst Republics s early as t_he

beginnlng or July following e conclusion of the

pact or neutrality on behalf of Japan on 13th April

1941 after the treacherous attack or Germany

egainst the Union or 9oviet socialist Ra~ublics

1atsuoka officially declared to the soviet Ambusedor

in Tokyo that the principal bas1s of the Japanese

foreign policy was the alliance with Germany and

that in case Germany addressed Japan with a request_

for tielp the J)ict middot of neutralty withmiddot the Utiioa ot

Soviet Socialist Republics would not present an

obstacle for Jepen to wege war on the side or

Germ~ny In accordance withthis the governing

militarist clique in lapen in the bullholecourse of

the buller betYlteen Germony end the Union of Soviet

Socialist_Re~ublics wes openly hostile towrrds the

~oviet Unionmiddot maintained a selecte3 arriy on the

- 78 shy

Soviet rront1ers end wes an orgrnizer or a widespreed

prorgrnda aea111st tho Soviet TTnion Jopan octively

helped ~itlariteGermeny providing her with

intormatiqn regording the un~n or Soviet S~c1clist

Republics orgonized pirote ettscks on Soviet merchtnt

shiplling in_ the Far Etat by closing straits estbullmiddotbshy

lishing prohibited zones tnd speciol limited wetershy

weys

To render help to GerlIEny J~ptbulln after Germsnyts

ettack egcinst the Union or Soviet Socielist

Republics in the S111111ler or 1941 doubled the strength

of her E1rmy in rnchuria nnd leter on brought the

strength of this irmy to r million men which necesshy

sitated mrintdning considerrble forces in the Fmiddotr

Eest by the Sevit Union inste~d of using them in the

wrr ig~inet Germnny

In the s0 me summer or 1941 Jfpfn v10rked out e

new Tll~n of surprise rttrck egeinst the Union of

Roviet Socialist 1epublics ~nd kept the Kwentung

Army fully prepred torsuch en cttock She w~s preshy

vented from it not by the poet or neutrality which

i s 1t llll Y be sampen from bove Jeuroptn diregrrded but

b)middotthe successes or the forces or the nnion of Soviet

Socirlist Republics in the w~r fgoinst Germany

SECTIC1 9

JATAfp lFlt TTlTITED S~TES CF fERJCbull TH cr1bullQ1TELTH OF TFE II IPrnns TI ft+ BltITISif cc MOELTH OF rJ TIONS

The whole of the other Sectiols or this ppendix

iro relevrmiddotnt to this Section rnd ere not ropectad

here

bull 79 shy

I

From 1931 until Lecember 1941 relctlons betwee1

Jopn middoton the ona Jr nd rnd the United Stotes of mer le

rnd Gret Brltcln on the other continuously detershy

lorotcd bacruse of Jrrr~s ~g~esslon in E~st ~sir

rnd duplicity in lnternrtionil neeotictlonsmiddot

The TTnlted Stotes of 11erioo rnd 8remiddott Britin

frecuently prctested thct J~prn s militory opehtions

were~ violtion of the provisions of the trecties

mentioned in Count middot2 hereof nd celled the ettentlon

of beth Chine md J~prn to their obligctmiddotions thereshy

under They ~1so declcred thct they would not recogshy

nize ~ny situmiddottion in ianchurlc or elsewhere brought

obout by violrtions thereof

J~pi-n in unequivoc-l tertlS grve rssurrnces thst

she h~d no territori~l mbitions in ChinL thrt she

would respect the open door policy in Chino In

spite of these c siiurbull noes she set up r -puppet

regie in lnchukuo nd proceeded to close the doer

to the TTni ted st tes of middotnericl End British tr11de

ffter tlte consolidrtipn of the linchurin posishy

tion Jln continued her ggressive policy in Est

sir in spite of ossurrncqs tht she hcd no terrishy

toriel ~mbitlons eouth of the Gret frll

The tnited 5tltes uid Grebullt Britdn 1ndervoured

to convince Jp n th~middott her bast interests lY in

perce but it wr-s cler from her Ctions tht she

intended to resort to force to gla neighbouring

countries end territories

During 1935 Jmiddotp-n incrasad hEr mllitrry nd

llfvrl strength middotnd undertook limited militrry

ctivities to extnd her damintion over Chimmiddot The

- 80 shy

United States of America and Great ~ritain continued

to draw Japans attention to her treaty obUgations

but this had no effect on her military activities

In 1936 the United States of America endeavourshy

ed to get Japan to agree to the principle of eauality

in commercial and industrial sp~eres and not to

resort to force to obtain preferential rights This

was also rejected by Japan

In 1937 Japan declared that the principles of

international relationship propounded by the United

States of America were consistent with her own but

qualified this by stating that the objectives could

only be obtained by an understanding of ~he particushy

lar circumstances of the East In 1937 Japan comshy

Ienced further military aggression in China and soon

thereafter the United States of America l)ffered her

good offices in the dispute and appealed to both

parties to refrain from war This ofter wes not

accepted by Japan and the appeal had no effect In

the same year Japan refused an invitation to attend

the Brussels Conference called under the provisions

of the Nine-Power Treaty On August 26th 1937

Japanese forces attacked cars belonging to the

British Embassy in China and on December 12th

attacked warships belonging to the United States of

AMerica and Great Britain on the Yangtze

At the end of 1938 Japan procl~ined her policy

of a new order in 3ast Asia end refused to ~ive any

unconditio~al assurance that the open dnor policy

in China would be maintained

Thereafter many interferences by Japan in

- 81 shy

Jtprnoso controlled territories with the rights or

the United States or ~Aeries end British netonels

took place end in July 1939 the United States or

America gave notice or terminetion or the 1911

commercial Treaty ~it~ Jeen

In September +940 after Japans military

alliance vi th Germany and Italy the United State

ot lmerica was forcedmiddotto place limitations on the

export of iron steel and raY materials to Japan

In arch 1941 conversations between the

Japanese ambassador in - eshington end the United

States Secretary or State took ~lace in an endeavour

bl the ~Tnited States to se~tle outstanding differshy

ences ano to reach a peaceful settlement ihile

these vrere proceeding Jepen continued at e feverish

pace to prepare for war At an Imp~rial Conference

on 2nd July the decision to advance southward

obviously directed against the United States of

America the Kingdom of the Netherlands end the

British CoAmonweelth was reached At a further

Conference on 6th Se~tecber it was decided to open

hostilities against the llited States of America

Great Britain end the letherlends in case the requireshy

ments ot Japan seemed unlikely to be realized by

B901B time clurinf tbe first part cf October On 1st

December a further Conference definitely decided on

war The decisions of the two lest-mentioned Confer-middot

encee were kept secret Cn 7th-8th December 1941

while negotiaticns were still proceeding Japan med~

surprise attacks on territories of the United amptetee

of Anerica et earl arbour of the British Commonshy

- 82 shy

weelth of Nations at Singapore elaya Hong Kong

and Sh~nrhai of the Commonwealth of the Philippines

and of Thailand She delivered no declaration of

war andmiddot to the ritish Commonvealth o~ Tations or

to the Conmonwealth of the ~hilippines no document

ot any kind To the United States of America she

delivered after the etteck a document which did

not end was not intended to cmount to a decleretion

of war

Stie entirslmiddot disregarded all the other Treaty

obligations r-ferred to in Counts 7 and 8 hereof

SOCTJCH 10

Tbe Netherlands ~ast Indies and tnemiddotPortugese

~ortion of the Islend of Ti111or were within the erea

coveted b Japm and described by her tis the Greeter

East ~sie Co-ProsNrity Sphere

In addition to thf general treaties binding

Jepan not to atteck these areas Treaty rticles Nos

20 and 21 refer respectively to these naticns in

terms Ja)en also rod a treat with the Hetrerlands

repardirP the ~est Indies which she denounced on the

12th June 1940 in preparation fer aggression

agai~st them At that time tre hom~land of the

Nethorlends had been recently and treacherously

()Ver-run by JrpaQ s ally Ger111eny end the Dutch

GoverrJJ1ent hbull d been corrpollcd to seek refuge in

ngland Thereefter Je_J n endeavoured to compel thrt

Government to agree toe new treaty on terms unduly

- SJ shy

fovcurable to Japcn but they wore unwilling to do

se The prcperet1ons of Jepcn fore general cggresshy

s1ve wcr in the Fer East included en intention to

invede the c~herlonds tost Indies The occupation

by Jbullpbullmiddotn or French Indo-Ch lna complete in July

1941 end the attecks upon territories of the United

States of tmcricc end tho British Commonwealth of

~rftions on the 7th-8th December 1941 were till prrt

of t plen which ircludcd t n inve sion of the Nethershy

lends r~st Indies This wes spcc1ficclly one of tho

d~cisions of the Jcponeso Imperial Conference of the

6th Se~tember 1941 Consequently the Natherlonds

Government irm~d1ately nfter the lest mentioned

cttacks declrred war on Jepen in self-defence

On tho 11th Janucry 1942 Jepcn invaded and

therefter repidly occupied the retherlcnds East

Indies

On 19th February 1942 Jepcn without ~ny

pretence of right or of eny quarrel vi th the itepublic

of Portugcl invRded ~ortugese Timor end occupiGd

it for the purpose of crrrying on her cggreseive

wcr egeinst ell the ~llied n~tions bull

ll4 shy

APPENDIX B

List of ~rticles of Trenties violated by JrponClld incorporcted in Groups One rndTwe

The Convention tor the Frcific Settlement of Intershy

nc-tion1l Dielutes sigmmiddotd t The Hegue 29 July 1899

The srid Convention wis signed nd r~tifiod

by or on behflf of J-n(n Cnd each of the ~ritions

middot britlf ing thf ct rrgcs in thfs Ind1 ctmltrnt subject to

oGrtotn rcscrvrt1ons not here motoriol

1 Article I

With P view to obvhting rs fr s possiblt-

recourse to force in tho rel~tions between Stctes

the Signrtory Powers rgree to uso their best efforts

to ensure th6 pecific settlcment of internitioncl

differences

2 Article II

In cesemiddotor serious disrgreemant or conflict

before tn bullmiddotppctgt 1 to rrciv middottlle Signr tory Yowers t gree

to middothrve reccurse rs fr rs circwnstbullnoes nllow to

the good offices or medi tion of enc or more friendly0

owers

The Convention tor the ~~eifio Settlement or Intershy

n~tionrl Usputes signed rt the Erguo 18 Ootobor

The sdd Convention ws signea nd rrtitied by

or on behrlf of Jrpmiddotn ~nd ec-ch of the nrtions bringshy

ing the Chfrges in this Indictment with the exception

or the United Kingdom rnd the Union of lgtoviet

Socirlist Republics a-ubject to eertcin reservtions

not here 112tcrimiddotl

bull 85 bull

trtiole 1

With c view to obvirting ~a for ~s possible

recourse to force in the relrtionsmiddotbetw~on Stntes

the Contr~oting ~owers rgree to use their best

offorts to ensure the pr oifio settlemcnt of lntarshy

nrtionrl differences

i rticle 2

In cnse of serious discgreenpoundnt pr dispute

beforc ~n ebulll to ~rms the Contrreting ewers

ogree to hi)ve recourse rs fer cs eiroumstnnoes

rllow to the good 01fioes or medirtionmiddot of one or

nore friendly nowers~

The Hegue Convrntioi lJo III Relmiddottive to the opening

of ~ostilities 1 signsd 18 October 1907

The sold Convention wns signed rnd rrtified by

or on bGhrlf of Jcprn rnd eoch of the notions bringshy

ing tho ohrrgo in this Indictment

rticle I

The Contrrctlng rowers recognize the t host11shy

1tie~ between thrimselvesmiddotmust not co=enoe without

previous Pnd ~xpl1cit ~rrn_ing in the form cltheuror cf

re~ soned declrrtio_n of w~ r middot or of en ultim tllll

with oondition~lmiddotdeolrrrt1cri of wtr

ierr~runt effected by cxohrngo of notes between the

nnitod st~tes bullnd Jrprn 1 signed JO November 1908 1

dGolnrine their policy in the F(lr 0rst

6 2 The Polley of both Governments unlnrlucncshy

ed by rny ~ggreee1ve tendencies ls Olrectod tomiddottho

ll~~JlAC~ ot th( cx1 stDe 41t-tus quo in tho region

f bove-mntloned nd to the defence cf fhe- J)rfao1Jlle

of ()quol opportunity for ciimmercend industry_in

bull 86 shy

Chino

7 3 They ere cccordingly firmly resolved

reciprocmiddotlly to respect the territoriel posssssions

belongint tc ec ch other in said r1agion

8 4 Thy rre clsc deterllined to preserve the

con11on interest or Fell Joyers in Chine by supporting

b~middot l )Citic nens bullt thsir dispos11 the independshy

ence fDd integri ty or Chin End the prinCiJ)l6 or

equel opportunity for cocrerce rn~ incustry or rll

nbullmiddottions in thrt Lipire

9 5 Srould ~ny event occur threrteningmiddotthe

st~tus ouo rs ~-hove described ormiddot the principle or eou~l o~~ortunit~ cs rbove derinedit reragtins for

the two iovernmcnts to coanunicr te with each otbcr

in order to rrrive ~t rn underst~nding es to whet

L1ersures thty mry consider it useful to tcke

The Convention ~nd ~inrl rotocol ror the Suppressio

of the buse cf rpillil nd other DruRs 1 si~ned et

The rbue 23 Jnurry 1912 rnd 9 July 1913

10 Tht sid Convention wrs signed nd rrtified by

middot or on bchr lf of Jrp n r nd ech of the n tions br~shy

ing the chmiddotrees in this Indictnent

Tt c Tremiddotmiddottv of Jefce between tha -bulllliod rnd bullssocimiddotte

Powers rnd GErmlt1ny I signed t Versmiddotillee 1 28 June

1919 known ~-s th Versilles TreEtY

Ii rticle 10 of the Coven nt of tho Legue of

Nmiddottions

The bullclbers of th Lagu undertbullmiddotke to rGspect

middotr-nd preserve bulls middotgrinst extern-1 -ggression the

tcrritoril inteigtrity middot nd existirw polltic-1 indeshy

Tendencs of ~ 11 Jbers of the ler gue In ctse of

any such aggraeaion or in case of any threat or

danger ot such aggression the Council shall advise

upon the Jlleen~ by which this oblitation shall be

tultill6d

12 ~rticle 12 ot the Covenant of the League ot

Pat ions

The lenbers ot the League agree that 11 there

should arise bateen them any fis~ute likely to lead

to a rupture they will subLlit themiddotmatter either to

arbitration or to enquirf by the Council end they

agree in no case to resort to war until three t10nths

after tte ewerd ~Y the arbitrators or themiddotreport by

the Council

l) ert1cle 13 of the Covenent ot the leepue ot

Netione

Tbe embers ot the League aeree that whenever

any ~ls~ute ehall arise between them which they

recognize to be suitable tor suboission to

arbitration end which cannot be satisfactorily settled by diplomacy they will subnt the whole

subject n1Stter to arbitration

Disputes es to the interpretation ot s tresty

as to any euestion or internati~nel law es to the

existence ot any tact which it established would

constitute a ))reach of any international obligation

or es to the extent end nature of the reparation to

be oede tor any such ireech ere declared to be

among those which ere generally suitable tor subshy

111~ ssion to erbitretion

For the consideration of any such clis ute the

eourt of arbitration to which-the case is referred

- 88 shy

~hall be the court erreed on by_ the rarties ~o the

disrute or stiuletec n any convention existing

middot between then

The middotemters or tlle League erree that they will

carry out in fuil ood taith eny av1ard thut iray be

rendered tnlI t~et ther will not resort tower I

against a ember of the league which COll)lies thereshy

with In the event of any failure to carry out such

award the Council shell rropose hhet steps should

middotbe taken to rive effect thereto

14 rtcle 15 of t~e Ccvrnrnt of tte leeeue of

Naticns

If there stould criss betveen embGrs of the

League any ciisgtute lHelJmiddot to lead toe rupture

which is not submitted to arbitration in accordance

with ~rticle lJ the elbers of the league agree

tJiat tJie will tutt the rntter to tte council

Any rortr to the lllsutc 11ey effect igtuch subuislicn

by Pivin~ notice of the existence of the dis~ute to

the ~ecretery-ener11l who hill reke ell nccesslry

arrange bullents for a full investiration and considershy

ation ttereof

ror this ~urncse the nerties to the disnute will

cc~middotaunicete tc the Secretary-Glmiddotnerel es rrolptly as

noeeible stetebullbullnte of their cesa ~1th all the

rtlGvent facts enc papers nd the Council ra foLth- middot

bull1th dir~ct the publicetion thereof

Tte Councl lF 11 nc1eivour _to effect a settleshy

ment of the diE-uts and if such Gfforts fre succoisshy

ful e statGmont ehll t1 ntgtdlt ublic giviie such

ftcts rd elJlanlt l onE rcr[)rdinc tlc disuto igtnd the

- 89 shy

tmiddoteramp1s or settlement therampcr s ttdeg Council EJ deem

s~~rorriete

Jr the dis~utc is not tt-us settled ~he louncil

either un~ninously er by G Ecjority vote shell mcbullEl

c-nd rublish e rellort contllinin tmiddot stcter-ampnt cf thamp

fects of tlo dis~utE bullnd the recorncndticns which

Pr~ deemed just rnd nroner in rcvrd thereto

Any middotmbcr of the Llt-egue rmiddotprcscntd on ths I

Council m~y P-~kc ~ublic e stcte~cnt or tho frets of

the disutc End of its conclusions rcgrding ths

s_fie

If rerort bmiddot the Colllcil is uncnifilously rgrscd

to by the lllbcrs ttereof ether thln the tcprampsampnteshy

tives of on_ er -ore ot ttmiddot rtics to the dispute

the Cecbers ot middot the Lru( bullerco thit they will not

go tc wpound-r Fi tl bullny i~rty to the disrutc which corshy

plics with the rccomntnd tions of tbr rport

If th~ Council r~ ils to re~cr reort which is

unr nirlously greed to b tt~ llCrtLtors thereof o thcr

ttn ttc llrescntitivcs or one or ore of the

p rtics tcgt tt disute t1 l-scbrs cf the Lc~guc

rltscrvc to thelIS-lves th rieht to tki sue bullcti_on

rs tlcy shrmiddotll _consi~cr nccess~ry for the llmiddotiritnbull ncG

of right cncI justice

-r ttn dis~utc bctwccn the irti s is clriracd

by one of thu1 ne is found by the Council to rist

out of ~ a-ttr Nhich by intcrntionJl l~w is solrily

within th~ doJiestic jurisdiction oi th~t pmiddotrty th

Council Eh 11 so rlcrt nd shJ l u- kC no recoshy

P--nd-tion -S to its- settlcnent

r Council JI ~middot ii ny c-- sc undar this

- cc- shy

rticle refer the dispute tc he Assenbly T~e

dlspite shall be sc rcierre1 at t1e recniest of

elt--er party to t1e dis)ute provided that su~h a

reouest be 1iade within fourteen days after the sushy

miss icn cf tie dispvte to the Council

In any case referredmiddot to the Assembl7 all te

provisions cf t1is middotrticle cnd cf Article 12 relat-

ing to the action a-d povPgts cf the Cciuntil scwll

apply -to the action and povrers of the Asser1bly proshy

vided that a report ade by the Assembly if con-

curred in middotbmiddotr the Representatives of those --embers

of t1e Leale re pres ted on the Counc 11 and of a

1ajorit of the othrr middotembers of t1e eaeue c~shy

~lus ive in each case of Representatives of the

parties to the tisputc shall have the saLe force as

a report by the Cou1~il concurrPd in by all the

fieiS thereof othEr than the Rerescntatives of

one or more of the ltJrties tc the disp1te 11

15 Article 22 oft~~ Coven~ntmiddot cf the League of

1-ations

Other peoples especially those of Central

Africa are at such o staJe that the ~ndatory must

be resgtons ible for the aduiis trat ion of the terri tor

urner contitions which wi l ruarantee freec)om cf

ccnscence nnd rel1 middotior SJb Je~t cnly to the ma1ntenshy

cnce cf pc1llJic order end ncrals the prohl1Jitin

of abses sue as t1-middot slave tracc tllc arns tra~ tc

an the-liuor rotfic and the prevent1gtn of the

establishment of fortifications or mllitnry am

na7al bases and of mil1tar trpoundinin of thL natives

for ither than police purposes and the defence of

territor and u1ll aisc secure ebulluai opportunities

- 1 shy

~ tht trrde net oonmcrc ot othr iombcrs ot the

Le~gu- Tter1 ~re tarritories such a South-Jcst

trio~ nd 011rtmiddotin or tho South Jrc1r1c Isl~ nds

hioh owilltl to the ep-rsoncss or their populmiddot tion

or their sror 11 size or their rcr10toness from the

centr6s er c1v1Uz-t1on or their googr-phiol oonshy

t1~middot11ty to the territory or t)s Lmiddotndmiddott_ory bullnd other

oircumstrmiddotnoos or n be best rmiddotdm1n1 starrd under the

l~ws ot th G l-nd tory s 1ntq_trbull l nort1ons or 1ts

territory subject to the s togur rds -_bovo-ncntionod

in the interests or the indigenous popul tion

16 bullrtiole 2J (c) of th~ Covcn nt of the Lemiddotguo of

rrtons

SubjGdegct to nd in ~ ccord nee vith bull the provisions

ot intern ticn middotmiddot l conventions existing or heremiddot ttcr

to bo middot eroed U1on th middotmlicrs ot the lergue bullbullbullbullbull

( o) will entrust tho le guc with thebull gonor l

supervision over the execution of middotgrccmnts v11 th

regmiddot rd to tt e tr trio in WOll3n middot nltJ children middot nd ths

trrric in oiun middotncl othilr d~nFcrcus drugs

Tht l-ndrt- frol tt Lemiddot rue of ~Tbullt5ons pursubullmiddotnt to

t1c Vcrsmiddot 111-s Trcbulltz irde bullt Gcnor 17 kccnbcr 19n

17 bullrticlc )

The lbullnd-tory shll see th t the slmiddotve trmiddotde

is prohibited bullnd th t no forccd lbullbour is porll1tttd

axcopt for esscntimiddotl ublic works ~nd sorvicos ~nd

then onlr formiddot dequ tc romunormiddottion

18 rticli 4 The 1111litc-ry tr ining cf the n t1veuros othtrvise

thmiddotn for ~urpseuros or int~rnbulll ~olioc middotnd the loc 1

- 92 bull middot

detonco ot th t1arritory sh 11 be prohibited

Furthermore no mllitbullry or rmiddotvmiddot l bsos shmiddotll bo

ostblished or tortitiotions orec~cd in the

territory

Tremiddotty botv1ecn th( British Ccllllonmiddot olth middotor n t10middot1s 1

Trnce 1 Jbullmiddotp n nrgt thlt Unitod Str-tcs or llmiddotmiddotric

middot relmiddot tin to thclr Insulr possessions nd middot~nsulmiddotr

pominions n the P-middot oiflc Ccebulln 1 lJ December 1921

The H rGmiddotti W s middotsiend ne rr tlfi1d by the

~ifn tory olcre

19 middotrticlc I

Th Hi~t Contrmiddot ctlne middotrtits grce is bltlt106n

thsmsolves to rcs)oct thdr r_ifhts in rel tion to

their insulr roescssions middotnt ineul r dorunions in

the middotregion o~ the 7 citic Dcemiddotmiddotn

It then should develop betwein ny of the High

Contrbull ctinr ~rtics bull controvCrs rising out or ny

- cific question middot nc involving their srmiddotid rights

thiih ii not smiddot tisf ctorily settled by diploti cy nd

is likely to bulltfect tho he raonlous middotmiddot ccord now hmiddotmiddotppily

subsistinc between ttcm they sholl invite the othir

Hh Contr~ctinr ---rtibulls to joini Contorcnco io

middot vHct tl~ hcl subjlot will be refrrcd tor conshy

sidermiddot tion nit middotdiu~tmnt

Identic Corrunicmiddot ticn ri-do to tb lfothrlmiddotnds Govzrnshy

ment on 4 Fzbrumiddotmiddotrmiddot 1922 on b~hmiddot 11 of thbull- ~middotritish i

Cornnonwe-lth of nmiddotmiddottions middot nd lso mutbulltis mut ndis

on behmiddot lt cf Jmiddotr-n nlt thamp othr --~~era signmiddot tory

to th -~umiddotdrunlr cific Tremiddot ty ot 13 Decltaber 1921

stmiddotmiddottes thbullt shy 20 Ths N1gtthcrbnds not bain sifO tory to tt smiddot fd

- 9~ shy

Tre middotty middotmiddotnci t_h~ Ncthrl nds possession in the region

ot-thc P~riific Ccern thErcforc not being includ~d

in the bullgrccmcnt ref~rred to His Britnnic t~J~stys

Govarnmrnt nxious to for0 stmiddot ll ny conclusion conshy

trmiddot ry to ths sirit of the Trcbullty desires to dGcl~rlt

thnt it is firml~middot r0solvcd to respect tho rights of

the Ncthcrlbullnds in rslmiddottion to ctr insulmiddotmiddotr posscdshy

sions in the region of the Pmiddotcific 0cc n

Idcntic Communic tien 11dE to the ortugucsG Govurnshy

mcnt on 6 Fcbrumiddotri 1922 on behlf of tho British

on b~hmiddot lf of Jbull T n nc th othn owers slpn tory to

the ~u-ar~lE Tclf4 c Tr0middotmiddottbullmiddot cf 13 Decu1ber 1921

stmiddottes th t shy

2~ ~ho ortuguesE not beinp signmiddottory to the s id

-Trebullty nd the ~ortusucsc ~ossess~ons in the region

of the ~~cific Ccc1n therefore not being included

in tte middotgreencnt rsLrrd to E Brlthnic middot jcity s

Government nxioupound to forEJst11 ny conclusion

ccntrbullry tc th fririt of the Trcmiddot t) desires to

acclmiddot re th middotj it is firrillmiddot rosolvcd to respect thfgt

rights of nortugmiddot 1 in rel tion to hor insubr posshy

sessions in th~ i-rion of th TLcific Ccern

Ttc rebull ty bftweon the TTnitcd Stmiddot tcs of lcricr the

Pritish Comcnvomiddotlth oftmiddotmiddot t0ns tlgiuM Chin-

Yrrnc~ Itbullly JmiddotTmiddotn the N~thcrlmiddotnas nd Portupmiddotl

concludedmiddot~~ ~igns~ t middotmiddot~shin~ton 6 P~brumiddot ~y 1922

~c 2middotmiddotid retmiddot wf siv1d middotnd rrtifLd b~middot or on

lmiddot lf cf TbullO-n middot ni middot ct 01 th~ n ticr5 brireine thlt- bull

ctmiddotrPt~ in ttls I~dictntnt ~Ith t~L czc~ption of th~

- 91 shy

Union middotof Sovi~t Sooiel1et Re1ubllcs middot

Article I

Themiddot Contractin~ rowers other than China

eereebull

22 bull ( l) Tu reseot middotthe sovereifnty the independshy

ence end the territorill adilinhtrstive integrity

ot China

2J ( 2) To )rovide ihe tullest and nost unem-

berraesed oportunity toCh1na tc develop end mainshy

tain tor herself en etteotive end stable Government

24 ( J) To use their middotinfluence tor the purpose ot

effectually establiehinv end oainteininq theprinshy

ciple of equal or~ortunity for the ooJllilerce and

industry_ of ell noticns throll eurohout tte territory of

China

25 (4) To refrain fron tekinf advantage ot conshy

di ti~ms in China in ormiddotder to see special rights_ or

privilegeft wh)ch wculd ampbridge the rights ot subjects

omiddotr _cl tizens of friendly States Eind- fror1 countenancshy

ing action in~ical to the security ot such States 9middot

Article II

26 The Contractin- ewers agree not to enter into_

any tre~ty eereeoent arraneementor understanding

either with one another middotor ndivltually _or collecshy

tively with any pwer or Tmiddotowers llmiddothicb wouid

infring~ or impair the p~inoiples stated in middotArticle Ir Article III

ntri th a view tomiddot eJl]lmiddotin~ more ettectuelly the

principles -Of th (lpen JJvOr or equality Of OJgt)Ortun-

ity in Chine for tte trade and incustry of all

nstions thP Contracmiddotting rovere other ~hen Chna

- 95

e~ee that they 111111 not seek nor sup~_t thelr

tesnective ne~ fone ls in seeUnr shy

27bull (a) middot Any errenfenent which rmiddotdrht -urrort to

establish in favour of their interests any general

suueriori ty of riftts 1th respect to comraerdal or

economic development in any desi_neted reeion of

China

28 ( b) Any suet oonoooly or preference as would

denri ve the m ti one ls of ani other --ower of the rieht

of undertaking any legitimate trade or industry in

China or o participitinif 1th the Chinese Governshy

ment or with any local e uthority in any category

or -public enteririse or which by reason of its

scope duration or geora~hical extent is celcushy

lated to frustrate the rrecticel ep-llcation cf the

principle of eual opportunity

It is understood tl~t te foreeoilf stipulationf

of this Article are not to be so construed amps to

Tgtrohibit the acquisition of such 1ronerties or

ri~h_ts as me~ be necessary to the conduct of a parshy

ticular cornrercial middotindustrial er financial undershy

takin or to the encourapoundeLent of invention end

research

Cbira undertakes to be gdcled by the rinciples

stated in tte foregon- stir-uletions of this ~middotticle

in dealinr wit-0 er-rlicetions for emiddotcononic rights end

privileges frc1 timiddot rcverll1ents end naticnals of t11

foreien countries whethEr partiEs t~ tha present

Article IV

29 The Cortr~ct~~ ~cr~~s BfrEe not to ~up~Qrt

eny agreements by their respective nationals with

each other designed to create Spheres of Influence

or to rovide for the enjojment of mutually exolusiv

opportunities in des1gnsted parts of Chinese terri shy

tory

Art1cldege VII

JO The Contrectin) ewers agree that vhenevr a

siturtion arise) hich in the opinion of any one or

thcu involves the cpplicit1on or the stipulations

of the present Treaty middottnd renders desirable disshy

cuSsion or suoh Epplioction thermiddot6 shall be full

snd frark oo6riuriio tion between themiddot Contrc oting

Powera co1oerned

Treaty hpoundtwe3n ttc United Stetes and JEllP-n signed

t middotmiddotrshinrton 11 Februry 1922

The arid Trecty wa3 sirned rnd ratiffod by

the 8fnstory rcbullmiddotrs

~rticle II 1

Jl The United StEtes end lts nmiddot tionals shall

receive ell the benefits or the cngagcuents of Jepar

defined in ~rticles J 4 ondmiddot 5 of the Eforesaid

lsndete notwithstmdin the fect that the United

Strtes is not e mcmuer of the Ls6gue of thbulltions

Ccnvsnt1on signLd ~t Gcnevr 19 February 1925

J2 Th sdd Convention wcs s1encd nd rtified by

or on bchnlf of Jbullmiddotpt n nd B[O~ of the nyt1ons bringshy

ing th1o chrmiddotregtcs in this Indictrrnnt with tho excepshy

tion of the Union of Soviet Soci~list R~1ublics

(bin i-ol middotthe TrJtsd StrtoF or raric bull

- 97 shy

~nericomiddot tbs Prssldent of the Gerrpoundmiddotn Reich Fls

Jejcsty the Yinp cf the Bleiens 1 the resi1font of

the Frrnch R=~ubl1c 1 Fis te 1esty the inmiddot of Grnegtt

~itPin 1 IrclFnd end the British Loninlons beyond the

SeM I Irm6ror of India His la jsty the r1n9 of

Itely 1 His Llt-jcsty theuro Ecurror of J~f)en the resishy

dent cf the ctqublic of PolPnd Lnd the Prcsident of

the Czochoslov=k Reuronublic 1 ccnclueed Lnd signed ct

Jrris 27 middotw-ust 1928 1 knorn ~s thE IbllOg-)ri1nd

Peet nd ~~ the ~rct of Pmiddot ris

The srid rebull ty YlS signed Pnd r-tified by the

1iill tcry obullsrs

lrtick I

JJ Thi lifh Contrcctng ~1rties 1101Emn~y deelcre

in the nr~es of their res~ctive peoplesJh~t they

condecn recoursemiddot to 1-middotr for the solution of intcr shy

nctionrmiddotl ccctrovcrsies ~ne renounce it cs en

instrllJlCnt of n tic _-1 policy in tbcir rlr tions

with -ons inctber

Article II

J4 The Rieb Contr(ctin~ Prties ogree th t th

settlement or solution of i11 disrutes or conflicts

of ~-hitevtr n tur or of hotevcr origin tbey ruy

sought except by pbullcific M~middotns

Dccl~r ticn of Irrpcrirl p~ncsb GovcrI11lcnt 1 27 June

1929 1 ccnccrning -~rticle I of the Kelloge-Pribull nd

Peet of 27 August 192

Th Impcrlr 1 lcv rnnnt dccL re thi t ttc

rhr soolog in tts nmiddotlltS of tt(ir respective

p01ks Pf-middotrin 1 rticlc J cf tt rrmiddot ty frr

- 98 shy

the Renuncif tion cf _ r sirncd rt rrie on 27

urust 1928 vicved in the light of th~ provisions

or the Impcribulll Constitution is understood to be

inrppliCbmiddot in so fmiddotr s Jrprn is concernecl

llG Convmiddot ntion rclbullmiddott~n~middot to l~rcotic Drugs shncd

rt Gcncv~ lJ July 1931

35 The srid Convention wbullssign~d -nd rrtifiad by

or on bchmiddot lf of Jcpn with r rcscrv tion s recorded

in th protmiddotocol cf sirn ture nc c ch of th n tions

brinfing the chrrecs _in this Indictiicnt with tro

cxcetion of the Union of SoviEt ~ocilist RG~ublics

Chinbull trc Cor-monwe ltr of tustr lir rnd Ncw ZDlrnd

Trc ty btveurocn Thilmiddotnd middotnd Jp nmiddot conccrnin~ the

continumiddot nc of frimiddot~ndly rJlmiddottions middot nc tho nutu 1

riscct cf emiddottlh others tcrritoribulll iptcgrity 1

Si1ned middot t Tokyo 12 June 1940

lhc sbull id Tre tr wmiddot s s~_gnec nd rmiddot tified by

the Sign tory rovcrs

trticlG I

3l nThE Fifh ContrbullcCinf Forties s~~ll nutu~lly

resnct ~-ch others territoribulll intqrity middotnd

hcrebmiddot rcrfflru the constrmiddotnt 1cce nd the ierpetuil

fricndship existin between them

Convention rcsnctin~ t~c ~irhts bullnd Duties of

reutr1 ewers ~nd creons in 1fmiddot_r on Vmiddotnd signed

~t Tho Hbull2uJ 18 OctcbLr 1~07

37- rtJcle I

Th trrltory of mutr l ~-mcs is inviolmiddotmiddottl

JR _rtiole II

- 99 shy

rcross the tG~tor of ~ ntiutrl ow1r

Treo-ty of Jortsraoutl- b6twEen Russfr -nd Jpcn

signod 5 Sertc~bampr 1905 which esttblished

Art1cl6 II (p(rbullerr-~h 3) 39 It is bulllso ~greod thmiddot t in crder to rvoid middotlJ

c~ usa of iiisunderstmiddot nc-ing the two F1gt Contrrct1ne

-rt1es wi11 -bstdn ontl6 Russo-Iorcin frontier

from tr11nv r-ny nillt ry morsur6s which moy mEnccamp

tte security of Russ1middot n or ~orern territory

bullrt1cle It (Pmiddotrts l bullnd 2) Ja~an ana Russia mutua~ly e~~age

40 ( l) To evmiddot cu te COll)lGt ely nd simultr neously

tmiddotbull nchlirilt1 eJCcpt thbullj territory rffected by the lcse

of the li~otun2 zcninsuln in conformity with the

provisions of middotcdition l lrticle I~ nnexod to

Trc ty bullmiddotnd

41 () To rcstors cntirtolt middot nd COl]lttoll to th

oxclusive dninamptr tion ofChin_ 11 rortions of

irnchuri nov in th~ occuo tion or under middottho coritrol

of the lqmiddotnGse or Rurs1middot1 troops Nitl th exception

of the trr1 tor bull b0vbull rn nt londl

rticlc IV

obstruct ny gcncr-middot1 nrsures cnmiddotmiddotmiddotJori to rmiddotll C0 1Lttr1es

vhicb Chin~ rnmiddoty t middot~ tor th lcvlorwnt t)f thv

coriflcrcs rid incustr~middot of gt nchu1middot1bull

I) middotmiddotn middotnJ -usbull ngmiddotp tbull xlbit thdr

- 1ot shy

44 J middotn nd Russi uutumiddotmiddotlly grec-not to conshy

struct in their rcsnectivu possessions on th~

Islrnd of Srghbulllicn or the middotdJ cent isl-nds ny

fortificmiddottione or other similmiddotmiddotr militrl works

They middotmiddotlso rrspectivcly cngg not to t l1 ~ny milishy

tr ry ncsures hch MY impede the free nmiddot vigmiddottion

cf the Strmiddot its o 1middot re rouse bull nd T rt ry

h onventfon on Elbodying P~sc hulcs of tho

Rclmiddotmiddottions bctweenmiddotJrbulln nlt= the Union cf Soviet

ltocilist Rr~ublics 1 srn~d 20 J nur 1925 in

rkine

This Conv0nticn wmiddots signed middotnd rmiddottificd by the

Ciflnmiddotmiddot tory rovcrs

rticle V

45 bull Tho High 0ontrbullmiddotcting ~ rtis soleMnl ffirm

thcr desire middotnd intention to liv~ in rbull~cc middotnd

bullmiddotMitr ri ti emiddot ch ottr scrupulcJsly to rspcct th1

undoubted rieht of Stmiddottc to order its oyn life

1dthin ts own jurisdiction in its own w~y to

rf frmiddot in - ncl rcstrr in bull 11 erson in middot ny govornshy

mentrmiddot l service for th-11 nd 11 or~niz7ticns n

rocir-t of middot O findegncirl rssiitmiddot rc~ fron them frou

middot~ny middot ct ovrt or covrt limiddotmiddotbl fr II) w~y whtcver

to enc1middot n1er the order middot nlt securitr n i n1 rmiddot rt of

thc tcrritoris cf T n n th nlol 1f ltcvivt

Socimiddotljst ~rublios

rt l f11rt~-1r middot ~rcrt1 tmiddot~ t n thtr ontrmiddotct~nq

r-~rty ~~ middot11 rsrr-middotmiddot bull_ t~1 middotr=f( n 1i tr - t-rrltorlis

undr bullts juri stl ctJ vi -- ( middotmiddot ) of c--n izmiddot t~c-re er

irouS pr-tn1ln~ tmiddot bi~ th CTOVcIlll1-lt iCr ~ny r- t

of ttf t~rritorier Gf tb~ ether ~rt~ or b) cf

- 101 shy

alien subjects or citizens who may be found to be

_actually carryinr on political activities for such

organizations or -bullro ups

The Neutrality act t)etween the TTn~on of Soviet

rlccialist Reublics and Tapan siuned 13 April 1941

This ~ect was sirned end ratified~~ the

Signatory rowers bull

~rti cle I

46 Both Contrecti 1g Iarties engage to naintain

peaceful end friendly relations between themselves

and mutually respect the territorhl integrity end

inviolabilit of the other Contracting Party

Article II

47 If one of the Contrectlng Parties becomes the

object of militar action on the part of one or

several other overs the cther Contracting Farty

will r~intaln neutrality during the whole ~ericd of

the conf 11 ct

- 102 shy

list of Lfficiel bullssuronces Violated by JIc1-~nd lncororeted Li Group One

25thmiddot Se~tember 1931 ~het JalBn rad no

territoriel desiens in renchuriamp

2 25th middotcvember 1931 That there was no truth

in the report of a Japanese edvancemiddoton Chinchow

J 22nd December 1931 Thet Chinese sovereignty

would be accented ~no that tre opei c-oor rolicy

would be nsntEned

4 5th Jenu~ r 1 1933 That Jaan hsd no territshy

oriel ellbitons s~ut~ cf Jhe Greet Well in vina

5 25th n~ril 1 1934 middotThat Jepan had no intention

vhatever of seeUn~ leciel privileuroPes in Cbinr of

encrcechire UOn the territorial snd administr11tive

integrit v of Chine or oI creating difficulties for

the bona fide trr-de of other countries middot1th Chne

6 15th uibullust 1 1937 That Janen harboured no

territorial designs on China enrl would middotsprre no

efforts in sefeuardin foreltn interest end r1hts

in Cina

7- Seterber 1937 That Jsren had peecetul

intentionB EJnn e lECY of -territorial designs in

Torth Chins

8 17th Fe_bruery 1 1939 That lfjpaa hid nc

terrl torlel designs in China nc that the occul)bt icI

ietrndnn uetl lU~-her_reP(bullristons_ th Geimiddot=ny 6ld

Itsl~ r~JttiYa t~ ~1 ser r~li-timiddot)ne wlticr tht i11tishy

- middot103 shy

10 l5th April 1940 ~hct Je~sn desired status

quo of the I-etherlands ~est Indies

11 16th ~ey 1940 That Japan had no rIEns nor

pur])ose tomiddot attack the Nettmiddoterlends East Indies

12 24th lerch 1 1941 Thft under no circumst6nces

vculd Jaoen ettacr the United States of 1oerica

Greet Dritein or th etherlancls est lndits

lJ 8th July 1941 That Ja~n rac not so fer

consfderec1 the middot~ossibili t~ of 1ifhtnf the Union

of Soviet Socialist Reublics

14 10th Tulv 1941 Thft Japen cont~plated no

cction rgoinst French lndo-Chne

15 5th middot~cerber 1941 Tht troop riovernnts in

French cndo-Cldna were precauticner1 meltlsUres bull

104 shy

AlPtmrx n

Incor~oreted in Group Three

The Laws and Customs of 1middotar ere established

pertly by tre ~rectice of civilized netions end

pertly by Conventions snd rseurances which are

either directly bindinn upon the parties thereto or

evidence of the established ~nG recognized rules

The Conventions end issurences hereinigtfter rentioned

in eny Prt of this ppendix will be relied upon es

s middothole for both iurposes only the nost leterial ~rticles being nuoted herein

1 The Convention o 4 d_one at The FFgue on the

18th October 1907 concerning the Laws and Customs

of igtr on Lend provides ( inter elie) as follolls

middotcccrding tc the views of the high Gonshy

trectinr- irties thes ~rovisio1s the drafting

of which hes been insrired by the desire to

diminish the evils of war so far ts military

requireoents perflit ere intended to serve JS

a gener~l rule of conduct for the bellirerents

in tteir reletions with the inhnbitants

It hes not 10VEVtir been found rossible

et present to concert stiulctions covering ~11

th circumst~nces lict er~e in rrctlce

Cn the other h~ne tts Eigh Contrecting

irtls clmiddotrly de not intcrd tlJ~t unforeseen

cses stculd in Gefult of written qre(llent

be left to the rtitrar) Cinion of milit~ry

- 105 shy

conms nders

r~ntil o nore ccmrilete c0deuro of th6 laws of

-tar clt-n be drmiddotwn up the Hieh Contr~cting

rrties dee~ it expedient to declPre thbullt in

c~ses not covered by the rules bulldopted by then

the inh~ bi t~nts ltncl the belligerents remr in

under the protGction ~nd governunco of the

princi~les of the lw of nr tions derived from

the us~~es ~stbullblished rmon~ civilized peoples

fron th1 1~ws of humnity middot-middotnd frou the diet~ t6~

of the public consci~nco

The RoguLtions sit out in the nn6x to the sric

Convntion 1tich for~s Tirt tler6of der 1 in

Section I witt Belliger6nts rnd risoncrs of middotcrrr in

qection II witt ao~tiliti(s ~na in Section III with

ilitrry middotuthority over the Territory of the Hostile

Stbullte

middotrticle 4 thereof in Section I provides (intsr

[li~) ~s follows

~r isoners of middotmiddotmiddot-r middotre in thEgt ower oI the

hostile Governmaat but not of th~ indivi6u~ls

or corps wlo cmiddot rture theuron middotbull

Convention lo 10 dcJ~ bull t th sr-r~ time nd

)lce concerns 1middotmiddotritime middotr

The _smiddot id Ccnvntions Yere signed bull nd rmiddottified

by er on ceb~lf cf over fcrt nmiddotmiddot tions including

bJ n middot na ebullmiddotcJ- o tho n~tions bringing t_he ch~rges

in this Indictment Eubject to C6rtrin rescrvtions

- 116 shy

not ere Rteri~l nd ttcus bec~ma rrt or evidence

cf the I~ws bull nd ~uetcms of middotmiddotmiddotr

2 Tho rore eonnlc te code of the I -ws of rr conshy

tenpl td by ttc s id Convention is contdncd iu

relmiddottion tc ~risoners of ~r in tho Inter~ tionl

Convention relmiddot ti ve to thc Trebull traent of risonors

of middotmiddotr done bullmiddott r-cnev on th6 27tli July 1929

(hertinrfter cbullllod the Genev Convention~)

lthoulI pmiddot n did not rbull tify thamp s id Convenshy

tion it bocmiddotne bindinr upon her for one or more of

the folobulling recsons

() It ws sipned on tho srid dmiddotte by or on

beh~lf of forty-seven n tions including

J middotmiddot n middot nu ch of the n tions bri~ging

the cr-rres in this Indlctmnt -nd

rrtified bJ over fdrty n~tions -nd thus

becmiddotmc nrrt or evitiLnce of the Lr~s -nd

Customs of r

( b) corm1uniclttion d ted tho 29th J~nur ry

1942 silned by 10GC Shigunori one of

the bullccused middot s For~ign l~nister on boh~lf

of Jp n ~ddresscd to the swiss inister

in Tokyo contr-incd the following stbulltement

middotlthough not bound by the 0onvention

r_1middot tiv to the Trtmiddot tment of ~middotrisoner~

of r middotJrpmiddotbulln will bullply mutmiddot tis

~1ltmiddot ndis the revisions of thmiddot t

Convcnticn to middotmericn prison~rs of

r In cocununicmiddot tion d- tesd on or - bout ths

- 107 shy

JOth January 1942 addressed to the

Argentine middotinister n Tokllo by TOGO

Shigenori one of the accused es Foreign

middotinister on behalf of- Japan it is stated

The Imperial Government has not yet

ratified the Convention of 27th July

1929 regarding the treatment of prisshy

oners of er They are not therefore

subject to the said Conventionmiddot None

the less trey will anply mutatis

mutendis the conditions of ihet Conshy

vention to English (enedien iustrelmiddot

ien end Jew Zeeland prisoners of war

in their power bullmiddotbull1th regard to suppl

of food and clothin~ to prisoners of

war they will consider on condition

of recinrocity national and racial

custous of the prisoners

By the said comr1unications or one of them

Japan acceded to the seid Convention in

accordence 1dth rticle 95 thereof and

the state of war then existin~ gave inmedshy

iate effect to such accession

middot (_c) The said comiunicetions constituted assurshy

ances to the United States of merica the

United Lingdor1 of Great Britain and North~

Irelane Canada ~ustralia ampnd iiew Zealan

to whoee governments the said coumanicetio

were intended to bb end Nere repeuted by

the raspectivemiddot~ecipients thereof adin

each case to ell nations who were at war

- 108 shy

with Japan

Except in the said natters there are no proshy

visions of tte said Geneva Convention to which the

expression mutatis mutandismiddotbull could properly be

applied

J The International Convention for the meliorshy

ation of the londition of the tmiddotounded and S1ck in

~rmies n the ~ield done at Geneva on the 27th July

1929 ( known as and hereinafter called I the Red Crost

Conventionbulll provides (inter alia) as follews

rrticle 26 The Corunenders-in-Chief of bellig

erent armies shall arrange the details for

carrying out the preceding articles as well as

for cases no~ provided for in accordance with

the instructions of their respective Government

and in conformity with the general principles

of the presampnt Convention ~

Japsn was a party to the said Convention

together with over forty other nations which ttus

becane art or evidence of the lavs an~ middotustorns of

ar In the above-mentioned coilllunicrtion deted on

or about the 29th January 1942 Japan stated

Jspon obs1rves strictly the Ganeva Convention

of 27th July 1929 rulstivs to the R~d Cross

as a state sign1tory of that Convtntion

cAommunicetion dated tblgt 13th Februar 1942

l~ shy

signed by TCG0 1 Shigenori one of the accused as

Foreign l-inister on behalf of Jspe_n addressed to

the swiss Jlinlster in okyo contained the_followlng

statement

The Imperial Government TAill apply during the

present war on con~ltlon of reciprocity the

provisions relative totbe treatment of prisonshy

ers of war of the 27th July 1929 to enemy

civilian internees as fer as applicable to

them enc prQvided that labour will not be

imposed u~on-them contrary to their free choic~

The said communlcetion constituted en assurshy

ance to ell the nations et wer with Je~an (who in

fact carried out the provisions of the said Convenshy

tfon es aplice ble to Jaamiddotnese clvi lien internees)

other then tra Republic ef Chine

The above-mentioned assurances were rereated by

the_ Japanese Foreign inistrymiddot on several occasions

as r~cently as tne 26th i-ay 1943

Epound~cbull11ns CF B1E~CrEs shy

All the offences are oreeches of the Laws end

Custolls of er in ec1dition to end es proved in

pert by the several -~rticles of the Conventions end

assurences specifically nentioned

SEClION NJE

Inhumane treatment contrary imiddotn each ease te

Article 4 of the said Anne_x to the said RagJlbull Conven

- 110 shy

tion end the whole of the said Geneva Convention end

to the s~id assurances In addition to the inhumane

treatment alleged in SectionsTwo to Six hereof

inclusive which are incorporated iri this Sacti6n

prisoners or war end civilian internees were murdere~

beaten tortured and otherwise ill-treated and

female prisoners were raped by members of the

Japanese forces

SECTICN TWO bull

Illegal employnent of prisoner of war labour middotcontrary in each case to rticle 6 of the said Annex

to the said Hague Convention end to ~art III of the

said Geneva Convention end to the said assurances

The said emuloyment was illegal in that

(a) prisoners or war were enployed on work

having connection end direct connection

with the operations of war

(b) prisoners of warwere employed on work for

which they ere hysicelly unsmiddot~ited and

on ~1ork which was unhealthy end dangerous

(c) the duration of daily work wee excessiye

end rrisomiddot1ers middot I-ere not allowed rests of

twenty-four middotconsecuti va hours in each week

(d) conmiddotditions of work wer rendered more

arduous ty c1lsclplinery measures

(e) prisoners were kapt end compalled to work

in unhce lthy cliretEgts end dangerous zones

end without sufficient food clothing or

toots

- 111 ~

SCTI CN Tl-R EE

Refusal sne ftbullilure to raintaln prisoners of

wer contrary tomiddot Article 7 of the said Annex to the

said Heeue Convention and ~rticle 4 end Pert III

trticlai 9 - 12 inclusive of the said Geneva Convenshy

tion and to t~amiddot seid assurances

C~ine to differences ~f netionel and reciel

custo~s the food end ~lothing supplied to the

la~enese troops were even when supplied to rrisonerr

of wor belonging to the white races insufficient

to tiointsin them Adequete food end clothing were

not SUP lied either in ecc9rdance with the said

Conv3nt1ons or the said essurences

The structural end sEnitary conGi tion of the

cc~ps end labour detachments f~iled entirely to

COR)ly with the stid ~rticlee and Yltse extremely

bed unhealth~middot end inadequate

Yashilll ent drinking facilities were inEdequete

end bed

S~TICN FCllR

Excessive and illegal punis~ment of risonars

of war contrery tq Article 8 of the said ~nnex to

the said Hague Convention end to rert III Section

V Chapter) of the said Geneva Convention and tc

the said assurances

(o) Prisoners of ~er ~ere killed beaten and

tortured vithout trial or investigetion of

any kind for alleged offences

(b) such uneuthorlzed punlsbments ware inflict

ed for alleged offences wtlch even if

- 112 shy

proved were not under the seid Conventionis

offences et middoten

(cl collective punishments were imposedmiddot for

individual alleged offences

(d) priscners were sentenced to punishment

more severe then imprisonment for thiity

days t9r stteQpting to escape

(el conditions ot the trial ot prisoners did

not conforn to those laid down in the seid

Chapter

(f) conditions ot lllprisonm~nt ot prisoners

sentenced did not conform to those laid

down in the said Chapter bull

sectCTIlt JrIVE

istreetment or the sick end wounded meicsl

personnel end ferale nurses contrary to Articles 3

14 15 end 25 of the seid Geneva Convention end

rticles 1 9 10 end 12 ot the seid Jee Cross Conshy

vention end to the said assurences

(el Officers end soldiers who were wounded or

sick medical personnel chaplains and

~ersonnel of voluntary aid Societies were

not respected or protected but were

murdered ill-treated end neglected

(b) medical personnel chaplains and personnel

er voluntary aid Societies were ~rongfully

retained in ~apenese hende

(cl female nurses were raped L1urdered and

ill-treated

(d) camps did not possess infirmaries and

- 113 shy

seriously sicJt prisoners ena those requirshy

ing illportant surical treatrent were not

edmittea to ~iliiary or civil institutions

qualifieG to treat them

(e) monthly t1edical inspections were not

arranged

(f) sick and wounded prisoners were transferred

elthou~h their reccvery-was prejudiced by

their journeys bull

S-0CTJO SIX

HuniIiation of prisoners of war ampnd especially

officersi contrary to trticle 8 of tha said Annex to

the said Hafue Conveurontion ana Articles 2 J 18 21

22 and 27 of the seid Geneva Convention and to tbe

seic assurances

(a) Prisoners were aeliberctely ~ept ana nade

to work ~n territories occ~riea by Japan

for the purrose ormiddotex~osing them to thb

nsults end curiosity of the inh~bitants

(bl prisoners in Tapen and in occuried tershy

ritories including officers were compelshy

led to orlt on rampnial tasls and exposed to

l)UbUc view

( c) officer ~r isoners vere -clacect rnaer the

control of ron-commissionea cifictrs and

private soldiers end oonp llLd to selute

them sr6 to wort

Refusel or feilure to collect en trensrnit

- 111 shy

informrtion rrerdinf rrisoners (fmiddot war end rGplies

to enquiriGs on tto subject centrer~ to trticle 14

of the seid Annex tc the seid Pague Convention end

to ~rticles 8 eqd 77 of the seid rsneva Ccnvention

and to the sEid assurances

Proper records were not kept nor inforfileshy

tion supplied es requirLd by the said

rrticles and the riost lmpcrtFnt of such

records as vorc kept were delibLrotely

distroyed

S~CIO rmiddotyenJ

Obstructions of the rirhts of the rrotectine

rowers of RLd Cross Socioties of prisonors of war

end of thair reprcs~nt~tives contrary to rticlc 15

of the seid bnncx to t~e s~id Pcfua Convention ana

t~ lticles Jl 42 44 78 Ln~ 86 of the said cneva

Convention end t9 tho said assurances

( o) The rrnrc sntti vcs of tha bullrotectj ng

Power ( Svd tZerlind) viere refused or not

rrsnt(d pmiddotroission to visit camns rnd

access to premises occupiod by prisoners

(b) vhcn suet rornlssion was gr11nttd ttr were

not allowod to hold conversetion with

prisoners without witnesses or ct ell

(c) on such occasions conditions in eo11ps w_r

dcc(ptively pr_pbrod to apbullepoundir btter thin

nor~1~l rnC rrisomrs wrr thrsttoned with

punishment if thy cornrleincd

(d) prisonErs ampnd th~ir rcprasant~tivss weru

not ellowGd to lllku complaints rs to the

- 115 shy

neturv or -their work or otherwhe or to

correspond rreelmiddot with the nilitery eit~iorshy

ities or tle rrotectin owampr

(e) Red CroEs ~ercels end nail were withheld

Erlloyinf ~oison contrary to the _lnternstionsl

Declaration resiiectin7 Asr-hyxistinf (bulleses siened by

( inter elia) Japen Pnc China st The Hague on the 29th

July 1899 and to ~rticle 2J(a) or the said Annex

to the said Es~ue Convention ane to ftrticle 171 of

the Tremiddotety otmiddotVerseilles

In the w~r~ of Japan ereinst the bullbullerublic

of Cline poison gas was lSed- Ttiis

elleretion is confined to thetmiddot country

smiddotcrr0r~ Tirr

illine enemies who tsvn laid down their

arms Qr no longer tevinr 1esns middotf defence had

surrenderec et discretion contrerr to ~rticle 23( t

of ~he sdlt Annex to this soid Eemiddot u~ Convention

Destruction or cneri rogterty without mlliterJ

Justificeticn or necessit~ end rillege contrary to

rticles2J(1d 2~ end 47 of the seid Annex to tbe

said Haguu Conventic-n

Failure to resrcct iani~middot honcur ed rights

ind V iduel lifEJ r-r1vE ti procrtr end rclifOUS

- 116 -middot

convictions and worship middot111 occ11phd territories and

denortation and ensl~vement ot tte inhabitants

thereof contrery to flrticle 46 or th~ said nnnex to

the said llegue Conventionmiddot end to the Laws end Customs

ot er

Large numbers ct the inhabitants ot such

territories were murdered torturto~ raped

End otherwise ill-treated arrested and

interned without Justificationmiddot sent to

reread labour ano tlir property destroyd

or cont1scotcd

SECTIC~ FT~T

E1111111 survivors ot shipsmiddot sunk by neval action

end crews of cspt11rd snirs contrary to rtich 16

ot irefrue Convention rro io ot 1907

Failure to rcsp0ct ~111tary hospital ships

contrary to ftrticle 1 01 the lEFt-mention0d Convenshy

tion and unleltul use of JamiddotJcnce bosPi ti l ships

centrer to trticles 6 ~ne 8 theraor

XTI crbull PTTn

~ttacks and especially ampttecs ~ithout due

wirning ution noutrl ships

- 117 bull

Statement of Individual Responsibility for Crimes Set Cut in the Indictment

The stetenents hereinefter set forth following

the nerle of each individual Defendant constitute

matters unon which the Frosecution will rely inter

elie as establishin~ the individual responsibility

of tbe Defendants It is charged against each of the Defendants

that he usad the po-er and nrestige of the position

which he held end his rersonel influence in such a

manner that he pro~oted and carried out the offences

set out in each Count of this Indictment in which

his name ap~eers

It is charged against each of the Defendants

that during the periods hereinafter set out against

his nnle he was one of those responsible for all the

acts and omissions of the various Governments of

which he bullas a member and of the various civil

military or naval organizations in vhich he held fl

position of autbcrity

It is crargad against each of the nefendants

as sho~n by the nurnb6rs fiven aftisr bis nalle that

he was ~resent at nr ccncurree in tte dacisions

taken at sole of the conferences end cabinet reetings

leld on or about tte follovinf dates in 1941 which

decisions prepared 1or end led to unlawful war on

7th8th Dece~ber 1941

1 25th June 1941 (Liaison)

2 26th June 1941 (liaison)

J 27th Junt 1941 ( L1a1middotsmiddotcn)

- 118 shy


5 )0th June 1941 (Supreme Yor Council)

6 2nd July 1941 (Imperial)

1 7th August 1941 (Thought Control Council)

s 22nd August 1941 (Cebinet)

9 6th September 1941 (I1rp6r1al)

10 17th October 1941 ( x-Ireniers)

11 26th iovcnber 1941 ( Liaison)

12 29th 1ovember 1941 (x-Prenier s)

1) 1st December 1941 (Imperial)

14 1st Decenber 1941 (Cabinet)

ARAKI

The Defendant ARAYI bet~een 1926 and 1945 was

amonr other ~s1tions held- Chief of General Affe1ri

Department of the ~ffice or Inspector General or

111tarr Training ( 1931) lin1ster of er under

Inukai end Seito (December 19)1 to July 19)4) e

full General (19))) ember or the Supreae Yer

Council ( 19)4 to 19)6) ember or the Cab1nt

Advisory Council on China (19)7) dacetlon dnister

under ronoye soc then under vrv111middot~ (ley 19)8 to

August 19)9) iember or thE Cabinet ~dvisory

Council (1940)

he D6fondent rc1-nmiddot 1 1 between 1928 enl 194S

we s enoni- other pr id t lone t e 1 d - ColllLlander of the

Special Service Section ln 1snchur1s (September

19)1) Peyor of ukdn ( 5pter1ber to Cctobcr 19Jl)

attached to heedlt1ucrters lwentunr Army ( 19)))

- 119

Chiet Adviser to the rortt China autonooous Govarnshy

111ent Colllllnc5er-in-Chlef reienese 5th Jrri Janchurie

(1938 to 1940) Suprene 1middoter Councillor (1940 to

1943) Inepector Qenerel ot 1111tery lvietion (1941)

tull renerel (April 1941) Cmmendemiddotr-in-Chiet

Eestern Army in l11en (1943)_Ciu1Snder ot the 7th

Aree 11r1111 et Slgeriore (1944 to 1945) Inspector

renerel 111tory Trelninl (A~ril 1945)

Conterenoes- s

he )efe1~dent ~middot~~rITI between 1928 and 1945

was erionmiddot other Gsitions held- etteched rmy

Cenerol Steff Cl9JJ) retired fro-n Army (Pebruery

1936) author cf Iecleretons cf E~gtFr OTO iingoro

(1936) re-entered the Army (1937) commended en

rtillerr Pegillent et the Ree cf llnmiddottdn (1937)

in corlland of Jeranese forces which shelled the

ladybird and the -aney (1937) author of a l~rge

number ot books articles in ~lc iragezine Tai ye

Dd tippon en6 oter rublicE tions end ~utlic

speeclef ell advCcting agrress~ ve wEirfere member

of e nu~ber of societies fer the 1nst1get1on of army

control over ~~11tics end furtherance er er~ressiva

~1erfre proroter of e nunber o lets designed tcshy

renove poll ti clans lti oft lcers Ylhoo he did not

consider sufficiently eecreiEve middote frunder of the

T~~~ (194n) elected to the Lcwer rouse of the

fjit 1194)

- 120 shy

The Detendent f beheen 1928 and 1945 was

aronr other CS1 t1ons held- D1v1s 1onal Colllander in

l-encbur1 (1933) Chlet o ~rmy ~v1at1on Department

( 1935) C=ander or tts Taiwan trmy ( 1936 to 1937)

Inapector reneraLet bull111tary Ecucatlon and L1eJ1be~

ot the S1~1rene tar Council ( tugust 1937 l a full

General (Februa~y 1937) Colroander-1n-Ch1et of the

Jltxped1t1onary Force in Central China (February 1938)middot

ember ot the 3uDrez-e bullmiddoter Council ( January 1939l

middot-er llinlster under be ( ugust 1939 to Januery 1940)

Ccmmander-1n-Ch1et ot the ~xped1t1onary Force 1n

Central Chna (Tuly 1940 to 1944) iel6 lershall bullend ember of the JloCrd ot Jarshele aad d1irels

(June 1944) Insgtector General ot 111tery Sducetion

(Novenber 1944)

PIR 1~

he Defendant -1 middot r between middot1928 end 1945

was among ctler nositlons held- Founder ot the

Yokuhonsta end resident frcir 1926 to 1936 Vice

resident ot Jrlvi Coulc11 (1930 to 1936) rresldent

ot r1vy Council (1936 to 1939) rrLe nnister

( January to middotugust 1939) 1-lnister middot1i thout -middotortfollc

under Konoye and tor a time Eome inister and later

V1ce-remier (July 1940 to Cctrber 1941) ie~ber of

~bought Control Council ueust 141) ires1dent

rrivy Cou~cil (1945)

Conferrnces- l234b7612

- 121 shy

The Defendant PIROT between 1928 end 1945 was

eronr ether Oitlons held- mbeesedor to the Union

or2ov1et Socialist Re~ubl1cs (19JO) Foreign

l~in1eter (Septenber 193) to July 1934) under Saito

end F-ro111 July 1934 to 1arch 1936 under Okede Pr1me

Unister and tor a tine Forei11n i-anitter concurrentli

Wsrch 19)6 to February 19J7) Foreign Jinister under

Yonoye (June 1937 toay 19J8) et1ber or tM

Cabinet middotdvisory C1uncll (1940)

Conrerences- 1012

lOliWO

The Derendent rcsrrrc between 1928 end 1945 bullas snonr other rositions h~ld- Chier General middotrrsirs

Puresu of the Finance Derartment ofbull the i-Snchukuo

Government (19J2) Chief or ~enersl middotrrairs in the

P1nsnce Inistry o anchulrno ( 1934) Vice anister

Finampnce in the ~middotencl ukuo ~cv~rnment ( 1936) Chier

renual ffairs uruu in tho ational middotrrampirs crric

or 1middotanchukuo ( December 1936) Chief of roneral

bullrreirs in lanctutuo (July 1938) =resident or the

Ilannnr Peard enc later 1n1ster without gtortfolio

under l~onoye ( July 1940 to rrll 1941) Chiampf

secretary and Iinieter or 3tate under TClC ( Cctcber

16th 1941 tc July 1944) dviser tc Finance inietrj

(December 1944)

Ccnfersncee- 1114

ITGH

The Defendant IT 11middotI botween 1928 end 1945 wes

- 122 shy

among other rositions heldbull full Colonel 1wentung

Jrm (1929) l~jor General i~wentung trny (1932)

Vice CUet of Steff Kwentung ~rllJbull ( 19J4) Coiunender

5th Division in ~hine (arch 1937) Chief of Steff

1wantune rmy (1936 to 1937) attached to Headquarshy

ters General Start (middotay 1937 ar lln1ster under

Yonoye end HI1~1lJ~ tror~ Jule 1938 to -UpoundUSt 1939

and concurrently resident of the Ianchuriari middotrra1rs

~ureau of the Cebinet Chief of Sterr Japanese middotrmy

in Chine (Se~tember 1939) full General (July 1941)

Commender epenese ray in Iarea (July 1941 to

1945) Uunber of ~upreme imiddoter Council (1943) Comshy

Jlllnder 7th middotrea middotrm in ltin~epore (pr11 1945)

Y The Defendant rmiddotvmiddot between 1928 anamiddot1945 was

among other positions held- yhiet Secretary Finance

Uinietry (1934) mnister of igtinence t June 1937 to

ray 1938) under Konoye on the middotdvieory Ccmmittee

China middottteire lloard (J9J9) resident North China

Developrient Company (19J9 to 1941) P-inence linister

under To-c ( June 1941 to February 1944l Director

IR gtS (1944)

Conferences- 11121314

ICIDO

the Defendant LIDO between 1928 end 1945 wee

among other positions bald- Chief Secretary to the

Lord hampeper of the Priv~ Seal (19JO) Education

Minister under Ionoye ( 1937) Velfare -iinister under

Yonoye (1938) Home Iinieter under hIR PUil 11939)

- 123 shy

Lord Keeper or the Privy Seel (1940middotto 1945) chief

oonfidentiel advisor to the Lmperor and presided et

meetinrs or Ex-rreciers

Conferences- 1012

KU~tR

The Defendant 1I1JR middot between 1928 and 1945 wu

eMon11 other CS1t1ons ~eld- Chief or Starr 1wantung

middotrmy ( 1940) Vice er linister under 1onoye ampnd TCJO

(1941 to lebruer- 1944) lirnber uprece er Council

(194)) Commflder in Chief Japanese rmy Burma

(1944) full General (1945)

YCISC

The Defendant KCISO between 1928 end 1945 was

among other positions held- Director lilitery

middot ffairs flureeu of tl6 iar linistry (19)0) Vice

War inister und-er Inukai ( 19)2) Chief or etaff

Ywantunr middotmiddotmiddotmy (19)2 to 1934) ColllilBnder Jenampnese

middotrcy Korea_ (19)5 to 19)6) a full General (19)7)

Overseas inister under BI l1 (19)9) end under

ona1 (1940) Governor General 1oree (Iay 1942)

rime l1nlstir ( uly 1914 to pril 194S)

~TSbullTI

The Defendant ~~TstI between 1928 and 1945 was

8llOilF other rosltions heldbull Re)resentetive of the

Japanese ~rmy at the Geneva Conference (19)1) 1lerober

of the upreme iar Council (arch 19))) a full

General (19JJ) a founder of the Greater ~est Asia

Society (19JJ) Commender-in-Chief Japanese forces

- 124 shy

in Centrel Chine (Cctober 1937 to February 1938)

Hember ot the Cabinet dvisory Council (July 1938

to Januari 1940) Adviser to the Asia Pronotion

FeGeration (1940) Aeviser to the rreeter East Asia

Affairs Section or the r~~J (1943) rresident or

the Creater East Asia Davelopient ~ociety (1944)

lllSTCYA

The Defendant middotrSTTCJAbetween 1928 end 1945

was erJOlF other Ositions held- cier Delegate to

the League or etions ~ssembly ( 1933) ~resident ot

the 1-outh lPnorurien =teilwer (19J5 to 1939) Hember

or the c~binet bulldvisory Council (1940) Foreign

linister middot under onoye ( July 1940 to July 1941)

author ot ~show Restcretion (1938) end other books

end articles and ~ublic speeches advocating aggresshy

sive warfare

Conferences- 12~346

rn~bull1t

The Defendant INt~ between 1928 end 1945 was

P~ong other ~ositions held- Commander Japanese

rm Korea I1929) Ver iniampter under bullTekatsulci

(l-ril 193_1 to Lecember 1931) 5uprame 1er Councillor

( 1931 to 1934) Coanender-in-Chief Kvantung rmy

( 1934 to 19J6) Governor Cenerl of 1oree ( 1936 to

1942) Jenber or tle rmiddotriv~ Council ( 1942 to 1945)

~resident or the l~liticel tssocietion of Greet

Taren (1945)

- 125 shy

tTO

The Defendant lUTO between 1928 and 1945 was

among other positions held- Instructor et the

ilitsry lttoff College (19)0 to 19)2) Senior Otticer

ot the rilitery ~ttairs Bureau of the Her inistry

(19)5 to 19)6) Chief ot a section ot the General

st111tt ( 1937) attached Headquarters Starr Central

China bullrmy (1Lgust 19)7) Colonel attached to

1wantung bullrmy Headquarters Ctlet ot the llilitsry

ftairs Eureau ( October 19)9 to pril 1942 l

colllllsnded 2nd Guards Division in Sumatra (194))

C~iet ot Steft or the 14th ree middotrmy in the rhilishy

ppines under Gener~l Ycmashite (October 1944)

Conferences- 12346911lJ

The Defendant 1rmiddotcmiddotn0 between 1928 end 1945 was

1mong other J)ositions held- Vice Chief Nevel

General 3teft (1930) Delegate to the Geneve Pavel

Conference ( 1931) Lember Supreme 1er Council ( 19JJ)

full dmirel (1934) Chief Delegate to London Naval

Conference (19)5) Navy 1inister under HIROT~ (Mer ch

1936 to February 19)7) _ Ccmmen~ar-in-Chiet ot

Conbined Fleet (19)7) Hember of Supreme er Council

(1940) Chiet of Navel General Steff (April 1941 to

February 1944) Supreme Yaval Adviser to the iLperor

tram February 1944

Conferences- l2J469lllJ

or~

The Defendant CFA between 1928 enG 1945 was

- 126 shy

BllOne other ~ositions held- on the Vevel Generil

Sterr (1930) section Cbie1 Generel end uilitery

Atteirs Pureau of tbe bullavy (1938) Cbie1 General

and llltery ftelrs Bureaux ot the lmiddotavy_ (October

1940 to August 1944) Vice Adlral ( 1942) Vice

Navy Hinster (20 July 1944) under 1crso Commandershy

1n-Cbie1 Ch1nka1- (Korea) tavel Stetlon (Septeriber

1944 to June 1945)


The Defendant OKAVA between 1928 and 1945 was

eflong otner rositlons held- Director GeMtral of

the iest ~sis Research nstitute of the South

lenct-urien 1e1lwe rroll 1926 en orcsnizer of tte

ukden Incicent (Se-ptember 18th 1931) author of

t temiddotSnese Fistory Reeder (1935) enci 01 books

articles encl sreEeches advocatine aggressive war tormiddot

the expulsicn by force ot the wtit~ races from Asiamiddot

OSHD~

middotThe Jefendent C~~IM_ between 1928 end 194i 11es

llllong other rostlons held - ~llltery ttache in

Berlin (1936) tllbassedor tc ~ermeny (October 1938

to Octobe~ 1939) and egeln fron February 1941 to

rrril 1945

S 1TC

The Defendant SC b~tveen 1928 and 1945 was

among other Csitions held- Instructor rny Gonerel

Steff Colloga (1935) sttecbed to the ilitery middot-L middot

- 127 shy

bulltta1rs Bureau ot thfl Har ~1n1str~ enler or the

lenn1ng Poard (1937 to 19)8) Chief ot the 1111 tery

tta1rs Section ot the i111tery middottte1rs Auresu ot

themiddotrer r1n1stry (Februer3 1941 to middotpril 1942)

ISJor G6nerel (October 1941) Chiflt ot ilitary

tta1rs Pureau ot the tmiddoter 1n1stry ( pr11 1942 to

December 1944) Lieutenant Genpoundral (arch 1945)

the Defendant FGllITSU batveen 1928 and 1945

WEIS oiong other positions 1eld - l1nistEr to China

(1931) Vice lorolcn lnister under Saito and Cikede

(1933 to 19)6) cbessador to the Tnion ot 3ov1et

Socialist Relulillcs Wovemb6r 1936 to Nov61ilb6r 1938)

middotibessftor to t-re6t Britain ( 1938 to June 1941)

middotrebassedor to the 1-Tanltinr i_lrgtPet JovernnLnt (Decmb3r

1941 to Jril 1943) Foreitn inister under_ TOlO

( bullyr11 194) to July 1944) and Fordgn rinister and

concurrently linister for Greiter est sia under

KCI~O (July 1944 to hril 1945)

SHIWDA

The Detendent SRilJDA betveen 1928 nd 1945

was ar1ong other positions talC- Chier ot 5tatt

Combined Fleet (1930) Vice CMet revel General

Steft ( 1935 to 1937) Comlander of the econd Fleetmiddot

(December 19)7) COIJll8nder Chine Fleet (ay 1940)

full Admiral (1940) -ev_y inister under TClC (Cctoshy

ber 1941) appointed tc Su~reme middotmiddoter Cc=c1l (1944)

Chiet ot ravel General 3teft (February to July 1944)

Conferences- 12i314

bull 128 shy

SHIRATOR

The Defendant $IRAT0RI between 1928 and 1945

was eeong other positions held- Chief or Intorlll8shy

tion Bureau or the loreien Office ( 1930 h ~inister

to sweden orwar Denmark Finland (1936) Ambasbull

aador to Italy (1939) Adviser Japanese Foreign

Office (1940) author of an article in Conte~porary

Japan po1nt1ni_r out the necessity of a World Conflict

to establishmiddotthe llew Order in Asia (hpr11 le

1941) Director IR~Ps (1943)

suzmr

The Defendant SUZ~IYI between-1928 end 1945 was

among other middotpositions held- Lember of the middot111 tery

ffsirs Section or the War Iinistry middot(19Jl) attached

to the Bureau or ~litary ffairs of the ~er Departshy

ment (19J3) Official ot the Investigation Bureau

or the Cabinet (193S) Regimental Col11118nder of the

14th Regiment (1936) Chiefmiddot or the Political Affairs

Division or the Chine ~fairs Poard (December 19J8

to lpril 1941) actill8 Director General thereof

in 1940 middotrreeid~nt ot the Cabinet Planning Board

end Iinieter without orttolio (pr11 1941 to

Cctober 1943) under Konoye and T0ir Cabinet dviser

(Noveriber 1943 to Se~tember 1944) Director or the

IR 1bullbull t (1944)

Conrerances- 689111314

TOGO

The Defendant TOGO between 1928 end 1945 was

among other positions held- i~beesedor to (eroany

bull 129

(October 1937) Ambassador to tlll Obion ot Soviet

Socialist Republics (October 1938) Foreign Minister

and Minister for overseas Affairs under TOJO (October

1941 to )larch 1942) Foreign Xinist er and Kini st er

or Greater East Asia WJier SUZUKI (April 1945)

Conterences1- 11121314

TOJ01

The Detendlllt TOJO betireen 1928 ani 1945 was

among Other pos1tions held- Head ot the First

Section or the General Start (1931 to 1932) Chiet

or the Investigation Section or the Am7 Communica-

tions School (1932) Col11111ll1der or the Xilitar7

Police or the Kwantung Ann7 (1935) Chief or Starr

Kwantung Arrrrr (1937) Vice War Minister under

Konoye (Xay to Decenber 1938) Director General or

111litary Aviation (1938 to 1939) far llinb ter umer

Konoye (Julr 1940 to Decelligter 1941) tull General

(October 1940) Prime Ministerand war Minister

concurrentlr (December 2 1941 to Julr 1944) shy

during which period he was also at tirnea Rome

K1n1ster Minister or Jlunitlona and Chier or

General Starr

Conterences1bulll23456S9ll121314

UKEZUI

The Defendant UIIEZU between 1928 and 1945 was

among other positions held1- Chier or the General

Affairs Depart~~t ot thll War K1n1strr (1931)

Commander of the Japanese Forces 1n China (1934)

Vice war J1n1ster under HIROT Barash and Xonore

(Karch 1936 to Mar 1938) Comnanter of the Kwan tung

Armr and Ambassador to Manchukuo (1939 to 1944)

tull General (1940) Chief or General start (Jul7

1944 to 1945)

bullbull 11011bull 150 shy

CHAPTER X - Verdicts

ARAKI Sadao

DOHIHARA Kenji

HASHIMOTO Kingoro

HATA Shunroko

War Crimes

HIRANUMA Kiichiro

HIROTA Koki

HOSHINO Naoki

ITAGAKI Seishiro

War Crimes

KAYA Okinori

KIDO Koichi

KIMURA Heitaro

KOISO Kuniaki

War Crimes

MATSUI Iwane

MINAMI Jiro

MUTO Akira

War Crimes

OKA Takasumi

War Crimes

OSHIMA Hiroshi

SATO Kenryo

War Crimes

SHIGEMITSU Mamoru

War Crimes

SHIMADA Shigetaro

War Crimes

SHIRATORI Toshio

SUZUKI Teiichi

TOGO Shigenori

War Crimes

TOJO Hideki

War Crimes

UMEZU Yoshijiro

War Crimes

Concluding Remarks of the President of the Court

Sentences

ARAKI I Sadeo

The defendant ARAYI Sadao is charged

under Count l with conspiracy to wage aggressive

wars and wars in violation of international law

treaties agre)ments and assurances He is charged

also under Counts 27 29 31 32 33 35 and 36 with

bullacing such wars Under Counts 54 and 55 he is I

charged with responsibility for war cri~es committed

1n China At all material times he was a Military

orricer or high ran~ He became a Lieutenant-General

in 1927 and a General in 1933 Throughout he was

prominent in the hierarchy of the Army

He was an energetic proponent of the Army

policy or political domination at home and of military

aggression abroad Hebullwas in fact and was recognised

11 being one of the prominent leaders of that Ar~y

movement As a member of different Cabinets he

advanced the Army policy to prepare for wars of aggression

by stimulating the werlike spirit of the young men of

Japan by mobilizing Japans material resources for

war and by speeches and by control of the press

inciting and preparing the Japanese people for war

Both in end out of political office he helped to formulgte

and was a vigorous advocate of the policy of the military

part7 to enrich Japan at the expense 01 ner neighbours

He both approved and actively supported the policies under

taken by the Japanese Army in Manchuria and Jehol to separshy

ate that territory politically fromChina to createbull

Japanese-controlled government and to place its economy

middot under the domination or Japan The Tribunal

l147



under that Count























under Counts 1 27 291 31 32 33 35 36 54



























1149








































un~er Count 5

HASHIMOTO Kingoro


29 1 31 1 32 54 and 55






















































the throat of force



exccuticn


















lend 27

HATA Shunroko


36 54 end 55





















Japan







Army

1155







of these wars

War Crimes













and 54
































ussR


on Counts 1 27 29 3132 rnd 36




31 32 33 35 54 End 5~









































HIROTA

























against China












1945




















1161






C)lllts 29 31 32 33 35 and 54























111






entirely abandoned


















guilty







1164

ITlGMI Seish1ro


1 27 1 2 31 1 32 33 35 36 54 end 55















state of Menchukuo


























of Jrpan



















l166
















f aggression




War Crirres






perid





facilities to theo








































KAYA Okinori




















pcl1cies













those Counts




KIDO Ko1eh1









supporters























1172















to tm south



















i173















36 54 nnd 55

KIIURA Heitaro




































Surroncer



















under his cor~anc








1176












1 27 29 31 32 54 and55

KOIS0 1 Kunicki


36 54~ one bull








Kwantung Jrriy














further these plans



tnnchuria

















them


















1179




of his euty



36 ond 54

fATSUI I Iwanamp

















done













1181





































35 36 and 54

1HNAlfI 1 Jiro


54 and 55










































29 1 31 32 54 1 and 55

imo M1t1


31 32 33 36 54 and 55






















War Crimes








1186



ful affair






















OKA Taira smicrom1






Ministry








Powers

War Crimes









osg Hiroshi








Surrender or Jepen






















main conspiracy




prisoners










defence



suo tenryq
































bullbullbull able



















hen Ileen eJCpanded























~~~

1193


12 33 35 54 me 55




























lprU 1945



War Crimes


















to reply to them













tc crlplPin cf










t0 hiee











being dschrrged




fUilty rn Ccunt 54











then

1197

SHIMADA I Shigetaro


29 1 31 32 1 4 ond









Geniril St9ff



















pnrt in w~ging it


27 1 29 31 nn1 32

Wnr Crircs













54 anc 5

SHRATCJRI T-shio


and 32


























in aggressive war







































nnd 32

1202



















Ncn0nhan

























55


31 32 36 54 rnc 55







public life





eerptrd
































Wcr CriMq















TOJO Hideki


















China












1207
























Wrr Cr1mq









1208









































them








t1tuee






resulted








29 31 9 32 36 54 end 55bull








or China





ot the Pacific War
















1211















territories









the We~tern Powers

Wer CriMcs





l212

1

2

3

4

)

6

7

8

9

10

11

12

13

14

16

17

18

19

20

21

22

23

24

2)





such d1sse11t











the sPntenoe1 bull










1

2

s 4

6

7

8

9

1

12

13

14

u 16

17

11

19

20

21

22

23

24

25










resumed as follows)

1

2

4 or

6

8

1214


























1215
























lfU6

3

4

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
























1217

2

3

4

~

6

7

8

9

10

11

12

l3

14

u

16

17

18

19

20

21

22

23

24

25























1218






8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

bullbull aao 18



JUDGMENT


ANNEXES

JUDGKENT


ANNEXES

TABIE OF ltDNTETS

ANNEX NO ill ~









JUDGENT



26 July 1945

























- 1 shy




homeland




























- 2 shy












established








shell be parritted






governncnt






utter dostructiori

-3-

AlNEX NO A-1-o

JUDGMENT


























- 4 shy

upon the following










Sovereign nuler
















ment




- 5 shy





- 6 shy

JlliEX NO J-1-b

JUDGlENT



Auust 11 1915

Sir1








neublics rnd Chinni







is ns folloi-1s1









- shy













trrnsrorts




Jcpampnesa ~~oplc







Switzcrlnd

- 8 shy

1JU1EX NO 1-1-c

JUDGIENT




Aurust 14 1945

Sir1






















- 9 shy



rs follows




tion

















of SWitzerlr nd


3yeni tzerlr nd

- 10 shy

A~TJIl TC J -2

JlJDG E-T















situated








his direction




- 11 shy



their control
























es directed





- 12 shy












Hsu Yung-ChFnll






- lJ shy



















- 14 shy

JNNEX NO J-3

JUDGMENT












bullbullibullbull












middot

- 15 shy

mrtJC T( -4

Jl JYl TJ-1T



FOR CU~ FR ~ST











upon our ~risoners













- 16 shy























peace









bull 17



criminols


of January 1946


bull

- 18 shy

ArJllEX NO bull A-5

JODGMBIU

CHARTER


SECTICI~ I







Tokyo


onsistmiddot










b Secretariat






bull 19 bull



sary



Secretariat








by the Tribunal


bsence











decisive





- 20 bull



SllCJICN II
















the foregoing












- 21 shy












so requires




AR~TCLE 8 Counsel







is appropriate




SECTICN III



- 22 shy













requested


















- 23 shy

















by the Tribunal

S11CTICN IV



the newer



them







- 24 shy






shall



charges




kind whatsoever









f8J1E 13 ~vidcnce










- 25 shy


























signed statement






- 26 shy




nvPileble

















C1JUISel







opining stotencnt




- 27 shy







Tribunal



SECTICm V

















Chief of Steff

OFFICIL



28 bull

ANNEX NO A-6

JUDGMENT


INDICT1NT







PFILirgtn~s

bullAGAINST shy










UEZU Yoshijiro

Defendants

INDICJ1Ell






- 29 shy



selves












pao~le

















- JObull
































- Jl shy





























of them

- J2 bull

CotTNI 1























CCUNT 2








- 33 shy
















Count

cmrr-1] 3














- 34 shy






CCTJNT 4
























- 35 shy








trat ptlIJOOSB




CCUtT 5





























CCUNT 6









to this Count

COTThT 7









bull 3T bull




CCUNT 8















C(ITJT 9









- JS shy

COTHT 10 bull





cpPinst Rew 7eelrnd




CCTT 11





rgoinst c~nd3




CCITI 12





against India




~ 39 shy

C()TJT 13









CCTTT 14












CrTl 15







- 40 shy






COTl 16










Ccunt

crHT 17






Renublics







- 41shy

CCF 18










CC1t 19







Chine




to this Count

err_ 20






- 42 shy








ccrn 21





cf tte Trili-pines



CCIJT 22












- 4) shy






Frence bull



CcUfilZh





Theiland




this Count

QOUNT 25










- 44 shy

CCTTTlT 26








Kha1khin-Gol River



C(TJT 27





Republic of Chine



C(T~T 28





Re~ublic of Chine



- 45 shy

CCUlT 29









to this Count

COlP1 JO








crrJl 31 middot









tc this Count

- 46 shy

CCTTJ 32








CC 33







France



middot CCUNT 34









- 47 shy




Socialist Republics



CCUc 36








ltmCUlt TWO U1DEl











CCl 37


- 48 shy









of such plan
















attacks





lawful belligerents


- 49 shy




COTT JS










cf such 1an










or sone of treuroll





attacks


- 50 shy









C0T11 9













CfTmiddotT 40








- 51 bull




at present unknown

comrr 41











present unknown











52 shy





























- shy

CCGNT 45












CCTfT 46










unknown

C(TJ 47






- 54 shy






C01-l 48











COHFT 49











- 55 shy

CCTTIT 50











unknownbull

cnTNT 51












ccmiddotJNT 52





- 56 shy

















CCU-T 53













- -57 shy






























bull 58 shy

C0PNl 54








the laws cf War







CCFNT 55














- ~9 shy







wrr









Tribunal



Hsiang Che-Chun


I s Comyns Cirr


Irelond

S bull Golunsky


6Q shy

A J 1nsfeldshy


II G folen


Robert bullneto




R H quillhm




edro Lopez


- 61 shy

APPENDIX J




Groun Cne

SECTION 1 1

























- 62 shy



Chinese in Shanghai












of Chins












other than her cwn




- 63 shy






SECTINT 2





















































li5 shy










ocinpr ign



SECTION 4

















- 66





























territories

- 67 shy

SECTION 5









(e) t~VH






obvious cdvvntege






~nd France


her nev~l strength








- 68 shy



(b) MILITARY








into effect






18 31

(d) PRODUCTIVE








wars of aggression

(e) FINANCIAL





bull - 69 shy




SECTION 6


























- 70 shy



























- 71 shy






























- 72 shy








strong re$lstance





















China



- 7J shy


















ends














- 74 shy







Chinr~ br ee s












or o-ptured











- 75 shy

SECTION 8bull































- 6 shy












Railroad




















- 77 shy
































- 78 shy








weys








wrr ig~inet Germnny









SECTIC1 9




here

bull 79 shy

I
































- 80 shy
































- 81 shy
































- 82 shy









of war



SOCTJCH 10

















- SJ shy

















Indies






ll4 shy

APPENDIX B








1 Article I





differences

2 Article II





owers









bull 85 bull

trtiole 1






i rticle 2











rticle I














bull 86 shy

Chino

























Nmiddottions








tultill6d


Pat ions







the Council


Netione
















- 88 shy



middot between then









Naticns










ation ttereof










- 89 shy


s~~rorriete









s_fie





















- cc- shy




















1-ations













- 1 shy













rrtons










17 bullrticlc )







- 92 bull middot




territory






~ifn tory olcre

19 middotrticlc I




















- 9~ shy






























- 91 shy


Article I


eereebull



ot China








China






Article II










- 95







China
















research






Article IV






tory

Art1cldege VII







Powera co1oerned





~rticle II 1












- 97 shy












1iill tcry obullsrs

lrtick I






with -ons inctber

Article II











- 98 shy



















trticlG I








37- rtJcle I


JR _rtiole II

- 99 shy














Trc ty bullmiddotnd






rticlc IV





- 1ot shy











rkine



rticle V


















- 101 shy








~rti cle I





Article II





the conf 11 ct

- 102 shy








would be nsntEned











in Cina



Torth Chins





- middot103 shy















104 shy

AlPtmrx n



























- 105 shy

conms nders
















Stbullte


[li~) ~s follows










- 116 shy


















Customs of r












- 107 shy
































- 108 shy

with Japan




applied






















l~ shy




statement





















SEClION NJE



- 110 shy








Japanese forces

SECTICN TWO bull



















toots

- 111 ~

SCTI CN Tl-R EE


















end bed

S~TICN FCllR





the said assurances






- 112 shy










Chapter




sectCTIlt JrIVE















ill-treated


- 113 shy






arranged



their journeys bull

S-0CTJO SIX





seic assurances








l)UbUc view




them sr6 to wort


- 111 shy










distroyed

S~CIO rmiddotyenJ




















- 115 shy














smiddotcrr0r~ Tirr











- 116 -middot





ot er






or cont1scotcd

SECTIC~ FT~T








XTI crbull PTTn



- 117 bull











his name ap~eers


















- 118 shy












ARAKI











Council (1940)






- 119









Conterenoes- s


















fjit 1194)

- 120 shy














(Novenber 1944)

PIR 1~












- 121 shy










Conrerences- 1012

lOliWO













(December 1944)

Ccnfersncee- 1114

ITGH


- 122 shy





















IR gtS (1944)


ICIDO






- 123 shy




Conferences- 1012

KU~tR







YCISC










~TSbullTI







- 124 shy







lllSTCYA









sive warfare

Conferences- 12~346

rn~bull1t









Taren (1945)

- 125 shy

tTO
























tram February 1944


or~


- 126 shy








1944 to June 1945)










OSHD~





rrril 1945

S 1TC




- 127 shy



















SHIWDA









Conferences- 12i314

bull 128 shy

SHIRATOR










suzmr
















TOGO



bull 129







TOJ01















General Starr


UKEZUI









1944 to 1945)



ARAKI Sadao

DOHIHARA Kenji

HASHIMOTO Kingoro

HATA Shunroko

War Crimes

HIRANUMA Kiichiro

HIROTA Koki

HOSHINO Naoki

ITAGAKI Seishiro

War Crimes

KAYA Okinori

KIDO Koichi

KIMURA Heitaro

KOISO Kuniaki

War Crimes

MATSUI Iwane

MINAMI Jiro

MUTO Akira

War Crimes

OKA Takasumi

War Crimes

OSHIMA Hiroshi

SATO Kenryo

War Crimes

SHIGEMITSU Mamoru

War Crimes

SHIMADA Shigetaro

War Crimes

SHIRATORI Toshio

SUZUKI Teiichi

TOGO Shigenori

War Crimes

TOJO Hideki

War Crimes

UMEZU Yoshijiro

War Crimes


Sentences

l147



under that Count























under Counts 1 27 291 31 32 33 35 36 54



























1149








































un~er Count 5

HASHIMOTO Kingoro


29 1 31 1 32 54 and 55






















































the throat of force



exccuticn


















lend 27

HATA Shunroko


36 54 end 55





















Japan







Army

1155







of these wars

War Crimes













and 54
































ussR


on Counts 1 27 29 3132 rnd 36




31 32 33 35 54 End 5~









































HIROTA

























against China












1945




















1161






C)lllts 29 31 32 33 35 and 54























111






entirely abandoned


















guilty







1164

ITlGMI Seish1ro


1 27 1 2 31 1 32 33 35 36 54 end 55















state of Menchukuo


























of Jrpan



















l166
















f aggression




War Crirres






perid





facilities to theo








































KAYA Okinori




















pcl1cies













those Counts




KIDO Ko1eh1









supporters























1172















to tm south



















i173















36 54 nnd 55

KIIURA Heitaro




































Surroncer



















under his cor~anc








1176












1 27 29 31 32 54 and55

KOIS0 1 Kunicki


36 54~ one bull








Kwantung Jrriy














further these plans



tnnchuria

















them


















1179




of his euty



36 ond 54

fATSUI I Iwanamp

















done













1181





































35 36 and 54

1HNAlfI 1 Jiro


54 and 55










































29 1 31 32 54 1 and 55

imo M1t1


31 32 33 36 54 and 55






















War Crimes








1186



ful affair






















OKA Taira smicrom1






Ministry








Powers

War Crimes









osg Hiroshi








Surrender or Jepen






















main conspiracy




prisoners










defence



suo tenryq
































bullbullbull able



















hen Ileen eJCpanded























~~~

1193


12 33 35 54 me 55




























lprU 1945



War Crimes


















to reply to them













tc crlplPin cf










t0 hiee











being dschrrged




fUilty rn Ccunt 54











then

1197

SHIMADA I Shigetaro


29 1 31 32 1 4 ond









Geniril St9ff



















pnrt in w~ging it


27 1 29 31 nn1 32

Wnr Crircs













54 anc 5

SHRATCJRI T-shio


and 32


























in aggressive war







































nnd 32

1202



















Ncn0nhan

























55


31 32 36 54 rnc 55







public life





eerptrd
































Wcr CriMq















TOJO Hideki


















China












1207
























Wrr Cr1mq









1208









































them








t1tuee






resulted








29 31 9 32 36 54 end 55bull








or China





ot the Pacific War
















1211















territories









the We~tern Powers

Wer CriMcs





l212

1

2

3

4

)

6

7

8

9

10

11

12

13

14

16

17

18

19

20

21

22

23

24

2)





such d1sse11t











the sPntenoe1 bull










1

2

s 4

6

7

8

9

1

12

13

14

u 16

17

11

19

20

21

22

23

24

25










resumed as follows)

1

2

4 or

6

8

1214


























1215
























lfU6

3

4

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
























1217

2

3

4

~

6

7

8

9

10

11

12

l3

14

u

16

17

18

19

20

21

22

23

24

25























1218






8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

bullbull aao 18



JUDGMENT


ANNEXES

JUDGKENT


ANNEXES

TABIE OF ltDNTETS

ANNEX NO ill ~









JUDGENT



26 July 1945

























- 1 shy




homeland




























- 2 shy












established








shell be parritted






governncnt






utter dostructiori

-3-

AlNEX NO A-1-o

JUDGMENT


























- 4 shy

upon the following










Sovereign nuler
















ment




- 5 shy





- 6 shy

JlliEX NO J-1-b

JUDGlENT



Auust 11 1915

Sir1








neublics rnd Chinni







is ns folloi-1s1









- shy













trrnsrorts




Jcpampnesa ~~oplc







Switzcrlnd

- 8 shy

1JU1EX NO 1-1-c

JUDGIENT




Aurust 14 1945

Sir1






















- 9 shy



rs follows




tion

















of SWitzerlr nd


3yeni tzerlr nd

- 10 shy

A~TJIl TC J -2

JlJDG E-T















situated








his direction




- 11 shy



their control
























es directed





- 12 shy












Hsu Yung-ChFnll






- lJ shy



















- 14 shy

JNNEX NO J-3

JUDGMENT












bullbullibullbull












middot

- 15 shy

mrtJC T( -4

Jl JYl TJ-1T



FOR CU~ FR ~ST











upon our ~risoners













- 16 shy























peace









bull 17



criminols


of January 1946


bull

- 18 shy

ArJllEX NO bull A-5

JODGMBIU

CHARTER


SECTICI~ I







Tokyo


onsistmiddot










b Secretariat






bull 19 bull



sary



Secretariat








by the Tribunal


bsence











decisive





- 20 bull



SllCJICN II
















the foregoing












- 21 shy












so requires




AR~TCLE 8 Counsel







is appropriate




SECTICN III



- 22 shy













requested


















- 23 shy

















by the Tribunal

S11CTICN IV



the newer



them







- 24 shy






shall



charges




kind whatsoever









f8J1E 13 ~vidcnce










- 25 shy


























signed statement






- 26 shy




nvPileble

















C1JUISel







opining stotencnt




- 27 shy







Tribunal



SECTICm V

















Chief of Steff

OFFICIL



28 bull

ANNEX NO A-6

JUDGMENT


INDICT1NT







PFILirgtn~s

bullAGAINST shy










UEZU Yoshijiro

Defendants

INDICJ1Ell






- 29 shy



selves












pao~le

















- JObull
































- Jl shy





























of them

- J2 bull

CotTNI 1























CCUNT 2








- 33 shy
















Count

cmrr-1] 3














- 34 shy






CCTJNT 4
























- 35 shy








trat ptlIJOOSB




CCUtT 5





























CCUNT 6









to this Count

COTThT 7









bull 3T bull




CCUNT 8















C(ITJT 9









- JS shy

COTHT 10 bull





cpPinst Rew 7eelrnd




CCTT 11





rgoinst c~nd3




CCITI 12





against India




~ 39 shy

C()TJT 13









CCTTT 14












CrTl 15







- 40 shy






COTl 16










Ccunt

crHT 17






Renublics







- 41shy

CCF 18










CC1t 19







Chine




to this Count

err_ 20






- 42 shy








ccrn 21





cf tte Trili-pines



CCIJT 22












- 4) shy






Frence bull



CcUfilZh





Theiland




this Count

QOUNT 25










- 44 shy

CCTTTlT 26








Kha1khin-Gol River



C(TJT 27





Republic of Chine



C(T~T 28





Re~ublic of Chine



- 45 shy

CCUlT 29









to this Count

COlP1 JO








crrJl 31 middot









tc this Count

- 46 shy

CCTTJ 32








CC 33







France



middot CCUNT 34









- 47 shy




Socialist Republics



CCUc 36








ltmCUlt TWO U1DEl











CCl 37


- 48 shy









of such plan
















attacks





lawful belligerents


- 49 shy




COTT JS










cf such 1an










or sone of treuroll





attacks


- 50 shy









C0T11 9













CfTmiddotT 40








- 51 bull




at present unknown

comrr 41











present unknown











52 shy





























- shy

CCGNT 45












CCTfT 46










unknown

C(TJ 47






- 54 shy






C01-l 48











COHFT 49











- 55 shy

CCTTIT 50











unknownbull

cnTNT 51












ccmiddotJNT 52





- 56 shy

















CCU-T 53













- -57 shy






























bull 58 shy

C0PNl 54








the laws cf War







CCFNT 55














- ~9 shy







wrr









Tribunal



Hsiang Che-Chun


I s Comyns Cirr


Irelond

S bull Golunsky


6Q shy

A J 1nsfeldshy


II G folen


Robert bullneto




R H quillhm




edro Lopez


- 61 shy

APPENDIX J




Groun Cne

SECTION 1 1

























- 62 shy



Chinese in Shanghai












of Chins












other than her cwn




- 63 shy






SECTINT 2





















































li5 shy










ocinpr ign



SECTION 4

















- 66





























territories

- 67 shy

SECTION 5









(e) t~VH






obvious cdvvntege






~nd France


her nev~l strength








- 68 shy



(b) MILITARY








into effect






18 31

(d) PRODUCTIVE








wars of aggression

(e) FINANCIAL





bull - 69 shy




SECTION 6


























- 70 shy



























- 71 shy






























- 72 shy








strong re$lstance





















China



- 7J shy


















ends














- 74 shy







Chinr~ br ee s












or o-ptured











- 75 shy

SECTION 8bull































- 6 shy












Railroad




















- 77 shy
































- 78 shy








weys








wrr ig~inet Germnny









SECTIC1 9




here

bull 79 shy

I
































- 80 shy
































- 81 shy
































- 82 shy









of war



SOCTJCH 10

















- SJ shy

















Indies






ll4 shy

APPENDIX B








1 Article I





differences

2 Article II





owers









bull 85 bull

trtiole 1






i rticle 2











rticle I














bull 86 shy

Chino

























Nmiddottions








tultill6d


Pat ions







the Council


Netione
















- 88 shy



middot between then









Naticns










ation ttereof










- 89 shy


s~~rorriete









s_fie





















- cc- shy




















1-ations













- 1 shy













rrtons










17 bullrticlc )







- 92 bull middot




territory






~ifn tory olcre

19 middotrticlc I




















- 9~ shy






























- 91 shy


Article I


eereebull



ot China








China






Article II










- 95







China
















research






Article IV






tory

Art1cldege VII







Powera co1oerned





~rticle II 1












- 97 shy












1iill tcry obullsrs

lrtick I






with -ons inctber

Article II











- 98 shy



















trticlG I








37- rtJcle I


JR _rtiole II

- 99 shy














Trc ty bullmiddotnd






rticlc IV





- 1ot shy











rkine



rticle V


















- 101 shy








~rti cle I





Article II





the conf 11 ct

- 102 shy








would be nsntEned











in Cina



Torth Chins





- middot103 shy















104 shy

AlPtmrx n



























- 105 shy

conms nders
















Stbullte


[li~) ~s follows










- 116 shy


















Customs of r












- 107 shy
































- 108 shy

with Japan




applied






















l~ shy




statement





















SEClION NJE



- 110 shy








Japanese forces

SECTICN TWO bull



















toots

- 111 ~

SCTI CN Tl-R EE


















end bed

S~TICN FCllR





the said assurances






- 112 shy










Chapter




sectCTIlt JrIVE















ill-treated


- 113 shy






arranged



their journeys bull

S-0CTJO SIX





seic assurances








l)UbUc view




them sr6 to wort


- 111 shy










distroyed

S~CIO rmiddotyenJ




















- 115 shy














smiddotcrr0r~ Tirr











- 116 -middot





ot er






or cont1scotcd

SECTIC~ FT~T








XTI crbull PTTn



- 117 bull











his name ap~eers


















- 118 shy












ARAKI











Council (1940)






- 119









Conterenoes- s


















fjit 1194)

- 120 shy














(Novenber 1944)

PIR 1~












- 121 shy










Conrerences- 1012

lOliWO













(December 1944)

Ccnfersncee- 1114

ITGH


- 122 shy





















IR gtS (1944)


ICIDO






- 123 shy




Conferences- 1012

KU~tR







YCISC










~TSbullTI







- 124 shy







lllSTCYA









sive warfare

Conferences- 12~346

rn~bull1t









Taren (1945)

- 125 shy

tTO
























tram February 1944


or~


- 126 shy








1944 to June 1945)










OSHD~





rrril 1945

S 1TC




- 127 shy



















SHIWDA









Conferences- 12i314

bull 128 shy

SHIRATOR










suzmr
















TOGO



bull 129







TOJ01















General Starr


UKEZUI









1944 to 1945)



ARAKI Sadao

DOHIHARA Kenji

HASHIMOTO Kingoro

HATA Shunroko

War Crimes

HIRANUMA Kiichiro

HIROTA Koki

HOSHINO Naoki

ITAGAKI Seishiro

War Crimes

KAYA Okinori

KIDO Koichi

KIMURA Heitaro

KOISO Kuniaki

War Crimes

MATSUI Iwane

MINAMI Jiro

MUTO Akira

War Crimes

OKA Takasumi

War Crimes

OSHIMA Hiroshi

SATO Kenryo

War Crimes

SHIGEMITSU Mamoru

War Crimes

SHIMADA Shigetaro

War Crimes

SHIRATORI Toshio

SUZUKI Teiichi

TOGO Shigenori

War Crimes

TOJO Hideki

War Crimes

UMEZU Yoshijiro

War Crimes


Sentences


under Counts 1 27 291 31 32 33 35 36 54



























1149








































un~er Count 5

HASHIMOTO Kingoro


29 1 31 1 32 54 and 55






















































the throat of force



exccuticn


















lend 27

HATA Shunroko


36 54 end 55





















Japan







Army

1155







of these wars

War Crimes













and 54
































ussR


on Counts 1 27 29 3132 rnd 36




31 32 33 35 54 End 5~









































HIROTA

























against China












1945




















1161






C)lllts 29 31 32 33 35 and 54























111






entirely abandoned


















guilty







1164

ITlGMI Seish1ro


1 27 1 2 31 1 32 33 35 36 54 end 55















state of Menchukuo


























of Jrpan



















l166
















f aggression




War Crirres






perid





facilities to theo








































KAYA Okinori




















pcl1cies













those Counts




KIDO Ko1eh1









supporters























1172















to tm south



















i173















36 54 nnd 55

KIIURA Heitaro




































Surroncer



















under his cor~anc








1176












1 27 29 31 32 54 and55

KOIS0 1 Kunicki


36 54~ one bull








Kwantung Jrriy














further these plans



tnnchuria

















them


















1179




of his euty



36 ond 54

fATSUI I Iwanamp

















done













1181





































35 36 and 54

1HNAlfI 1 Jiro


54 and 55










































29 1 31 32 54 1 and 55

imo M1t1


31 32 33 36 54 and 55






















War Crimes








1186



ful affair






















OKA Taira smicrom1






Ministry








Powers

War Crimes









osg Hiroshi








Surrender or Jepen






















main conspiracy




prisoners










defence



suo tenryq
































bullbullbull able



















hen Ileen eJCpanded























~~~

1193


12 33 35 54 me 55




























lprU 1945



War Crimes


















to reply to them













tc crlplPin cf










t0 hiee











being dschrrged




fUilty rn Ccunt 54











then

1197

SHIMADA I Shigetaro


29 1 31 32 1 4 ond









Geniril St9ff



















pnrt in w~ging it


27 1 29 31 nn1 32

Wnr Crircs













54 anc 5

SHRATCJRI T-shio


and 32


























in aggressive war







































nnd 32

1202



















Ncn0nhan

























55


31 32 36 54 rnc 55







public life





eerptrd
































Wcr CriMq















TOJO Hideki


















China












1207
























Wrr Cr1mq









1208









































them








t1tuee






resulted








29 31 9 32 36 54 end 55bull








or China





ot the Pacific War
















1211















territories









the We~tern Powers

Wer CriMcs





l212

1

2

3

4

)

6

7

8

9

10

11

12

13

14

16

17

18

19

20

21

22

23

24

2)





such d1sse11t











the sPntenoe1 bull










1

2

s 4

6

7

8

9

1

12

13

14

u 16

17

11

19

20

21

22

23

24

25










resumed as follows)

1

2

4 or

6

8

1214


























1215
























lfU6

3

4

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
























1217

2

3

4

~

6

7

8

9

10

11

12

l3

14

u

16

17

18

19

20

21

22

23

24

25























1218






8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

bullbull aao 18



JUDGMENT


ANNEXES

JUDGKENT


ANNEXES

TABIE OF ltDNTETS

ANNEX NO ill ~









JUDGENT



26 July 1945

























- 1 shy




homeland




























- 2 shy












established








shell be parritted






governncnt






utter dostructiori

-3-

AlNEX NO A-1-o

JUDGMENT


























- 4 shy

upon the following










Sovereign nuler
















ment




- 5 shy





- 6 shy

JlliEX NO J-1-b

JUDGlENT



Auust 11 1915

Sir1








neublics rnd Chinni







is ns folloi-1s1









- shy













trrnsrorts




Jcpampnesa ~~oplc







Switzcrlnd

- 8 shy

1JU1EX NO 1-1-c

JUDGIENT




Aurust 14 1945

Sir1






















- 9 shy



rs follows




tion

















of SWitzerlr nd


3yeni tzerlr nd

- 10 shy

A~TJIl TC J -2

JlJDG E-T















situated








his direction




- 11 shy



their control
























es directed





- 12 shy












Hsu Yung-ChFnll






- lJ shy



















- 14 shy

JNNEX NO J-3

JUDGMENT












bullbullibullbull












middot

- 15 shy

mrtJC T( -4

Jl JYl TJ-1T



FOR CU~ FR ~ST











upon our ~risoners













- 16 shy























peace









bull 17



criminols


of January 1946


bull

- 18 shy

ArJllEX NO bull A-5

JODGMBIU

CHARTER


SECTICI~ I







Tokyo


onsistmiddot










b Secretariat






bull 19 bull



sary



Secretariat








by the Tribunal


bsence











decisive





- 20 bull



SllCJICN II
















the foregoing












- 21 shy












so requires




AR~TCLE 8 Counsel







is appropriate




SECTICN III



- 22 shy













requested


















- 23 shy

















by the Tribunal

S11CTICN IV



the newer



them







- 24 shy






shall



charges




kind whatsoever









f8J1E 13 ~vidcnce










- 25 shy


























signed statement






- 26 shy




nvPileble

















C1JUISel







opining stotencnt




- 27 shy







Tribunal



SECTICm V

















Chief of Steff

OFFICIL



28 bull

ANNEX NO A-6

JUDGMENT


INDICT1NT







PFILirgtn~s

bullAGAINST shy










UEZU Yoshijiro

Defendants

INDICJ1Ell






- 29 shy



selves












pao~le

















- JObull
































- Jl shy





























of them

- J2 bull

CotTNI 1























CCUNT 2








- 33 shy
















Count

cmrr-1] 3














- 34 shy






CCTJNT 4
























- 35 shy








trat ptlIJOOSB




CCUtT 5





























CCUNT 6









to this Count

COTThT 7









bull 3T bull




CCUNT 8















C(ITJT 9









- JS shy

COTHT 10 bull





cpPinst Rew 7eelrnd




CCTT 11





rgoinst c~nd3




CCITI 12





against India




~ 39 shy

C()TJT 13









CCTTT 14












CrTl 15







- 40 shy






COTl 16










Ccunt

crHT 17






Renublics







- 41shy

CCF 18










CC1t 19







Chine




to this Count

err_ 20






- 42 shy








ccrn 21





cf tte Trili-pines



CCIJT 22












- 4) shy






Frence bull



CcUfilZh





Theiland




this Count

QOUNT 25










- 44 shy

CCTTTlT 26








Kha1khin-Gol River



C(TJT 27





Republic of Chine



C(T~T 28





Re~ublic of Chine



- 45 shy

CCUlT 29









to this Count

COlP1 JO








crrJl 31 middot









tc this Count

- 46 shy

CCTTJ 32








CC 33







France



middot CCUNT 34









- 47 shy




Socialist Republics



CCUc 36








ltmCUlt TWO U1DEl











CCl 37


- 48 shy









of such plan
















attacks





lawful belligerents


- 49 shy




COTT JS










cf such 1an










or sone of treuroll





attacks


- 50 shy









C0T11 9













CfTmiddotT 40








- 51 bull




at present unknown

comrr 41











present unknown











52 shy





























- shy

CCGNT 45












CCTfT 46










unknown

C(TJ 47






- 54 shy






C01-l 48











COHFT 49











- 55 shy

CCTTIT 50











unknownbull

cnTNT 51












ccmiddotJNT 52





- 56 shy

















CCU-T 53













- -57 shy






























bull 58 shy

C0PNl 54








the laws cf War







CCFNT 55














- ~9 shy







wrr









Tribunal



Hsiang Che-Chun


I s Comyns Cirr


Irelond

S bull Golunsky


6Q shy

A J 1nsfeldshy


II G folen


Robert bullneto




R H quillhm




edro Lopez


- 61 shy

APPENDIX J




Groun Cne

SECTION 1 1

























- 62 shy



Chinese in Shanghai












of Chins












other than her cwn




- 63 shy






SECTINT 2





















































li5 shy










ocinpr ign



SECTION 4

















- 66





























territories

- 67 shy

SECTION 5









(e) t~VH






obvious cdvvntege






~nd France


her nev~l strength








- 68 shy



(b) MILITARY








into effect






18 31

(d) PRODUCTIVE








wars of aggression

(e) FINANCIAL





bull - 69 shy




SECTION 6


























- 70 shy



























- 71 shy






























- 72 shy








strong re$lstance





















China



- 7J shy


















ends














- 74 shy







Chinr~ br ee s












or o-ptured











- 75 shy

SECTION 8bull































- 6 shy












Railroad




















- 77 shy
































- 78 shy








weys








wrr ig~inet Germnny









SECTIC1 9




here

bull 79 shy

I
































- 80 shy
































- 81 shy
































- 82 shy









of war



SOCTJCH 10

















- SJ shy

















Indies






ll4 shy

APPENDIX B








1 Article I





differences

2 Article II





owers









bull 85 bull

trtiole 1






i rticle 2











rticle I














bull 86 shy

Chino

























Nmiddottions








tultill6d


Pat ions







the Council


Netione
















- 88 shy



middot between then









Naticns










ation ttereof










- 89 shy


s~~rorriete









s_fie





















- cc- shy




















1-ations













- 1 shy













rrtons










17 bullrticlc )







- 92 bull middot




territory






~ifn tory olcre

19 middotrticlc I




















- 9~ shy






























- 91 shy


Article I


eereebull



ot China








China






Article II










- 95







China
















research






Article IV






tory

Art1cldege VII







Powera co1oerned





~rticle II 1












- 97 shy












1iill tcry obullsrs

lrtick I






with -ons inctber

Article II











- 98 shy



















trticlG I








37- rtJcle I


JR _rtiole II

- 99 shy














Trc ty bullmiddotnd






rticlc IV





- 1ot shy











rkine



rticle V


















- 101 shy








~rti cle I





Article II





the conf 11 ct

- 102 shy








would be nsntEned











in Cina



Torth Chins





- middot103 shy















104 shy

AlPtmrx n



























- 105 shy

conms nders
















Stbullte


[li~) ~s follows










- 116 shy


















Customs of r












- 107 shy
































- 108 shy

with Japan




applied






















l~ shy




statement





















SEClION NJE



- 110 shy








Japanese forces

SECTICN TWO bull



















toots

- 111 ~

SCTI CN Tl-R EE


















end bed

S~TICN FCllR





the said assurances






- 112 shy










Chapter




sectCTIlt JrIVE















ill-treated


- 113 shy






arranged



their journeys bull

S-0CTJO SIX





seic assurances








l)UbUc view




them sr6 to wort


- 111 shy










distroyed

S~CIO rmiddotyenJ




















- 115 shy














smiddotcrr0r~ Tirr











- 116 -middot





ot er






or cont1scotcd

SECTIC~ FT~T








XTI crbull PTTn



- 117 bull











his name ap~eers


















- 118 shy












ARAKI











Council (1940)






- 119









Conterenoes- s


















fjit 1194)

- 120 shy














(Novenber 1944)

PIR 1~












- 121 shy










Conrerences- 1012

lOliWO













(December 1944)

Ccnfersncee- 1114

ITGH


- 122 shy





















IR gtS (1944)


ICIDO






- 123 shy




Conferences- 1012

KU~tR







YCISC










~TSbullTI







- 124 shy







lllSTCYA









sive warfare

Conferences- 12~346

rn~bull1t









Taren (1945)

- 125 shy

tTO
























tram February 1944


or~


- 126 shy








1944 to June 1945)










OSHD~





rrril 1945

S 1TC




- 127 shy



















SHIWDA









Conferences- 12i314

bull 128 shy

SHIRATOR










suzmr
















TOGO



bull 129







TOJ01















General Starr


UKEZUI









1944 to 1945)



ARAKI Sadao

DOHIHARA Kenji

HASHIMOTO Kingoro

HATA Shunroko

War Crimes

HIRANUMA Kiichiro

HIROTA Koki

HOSHINO Naoki

ITAGAKI Seishiro

War Crimes

KAYA Okinori

KIDO Koichi

KIMURA Heitaro

KOISO Kuniaki

War Crimes

MATSUI Iwane

MINAMI Jiro

MUTO Akira

War Crimes

OKA Takasumi

War Crimes

OSHIMA Hiroshi

SATO Kenryo

War Crimes

SHIGEMITSU Mamoru

War Crimes

SHIMADA Shigetaro

War Crimes

SHIRATORI Toshio

SUZUKI Teiichi

TOGO Shigenori

War Crimes

TOJO Hideki

War Crimes

UMEZU Yoshijiro

War Crimes


Sentences

1149








































un~er Count 5

HASHIMOTO Kingoro


29 1 31 1 32 54 and 55






















































the throat of force



exccuticn


















lend 27

HATA Shunroko


36 54 end 55





















Japan







Army

1155







of these wars

War Crimes













and 54
































ussR


on Counts 1 27 29 3132 rnd 36




31 32 33 35 54 End 5~









































HIROTA

























against China












1945




















1161






C)lllts 29 31 32 33 35 and 54























111






entirely abandoned


















guilty







1164

ITlGMI Seish1ro


1 27 1 2 31 1 32 33 35 36 54 end 55















state of Menchukuo


























of Jrpan



















l166
















f aggression




War Crirres






perid





facilities to theo








































KAYA Okinori




















pcl1cies













those Counts




KIDO Ko1eh1









supporters























1172















to tm south



















i173















36 54 nnd 55

KIIURA Heitaro




































Surroncer



















under his cor~anc








1176












1 27 29 31 32 54 and55

KOIS0 1 Kunicki


36 54~ one bull








Kwantung Jrriy














further these plans



tnnchuria

















them


















1179




of his euty



36 ond 54

fATSUI I Iwanamp

















done













1181





































35 36 and 54

1HNAlfI 1 Jiro


54 and 55










































29 1 31 32 54 1 and 55

imo M1t1


31 32 33 36 54 and 55






















War Crimes








1186



ful affair






















OKA Taira smicrom1






Ministry








Powers

War Crimes









osg Hiroshi








Surrender or Jepen






















main conspiracy




prisoners










defence



suo tenryq
































bullbullbull able



















hen Ileen eJCpanded























~~~

1193


12 33 35 54 me 55




























lprU 1945



War Crimes


















to reply to them













tc crlplPin cf










t0 hiee











being dschrrged




fUilty rn Ccunt 54











then

1197

SHIMADA I Shigetaro


29 1 31 32 1 4 ond









Geniril St9ff



















pnrt in w~ging it


27 1 29 31 nn1 32

Wnr Crircs













54 anc 5

SHRATCJRI T-shio


and 32


























in aggressive war







































nnd 32

1202



















Ncn0nhan

























55


31 32 36 54 rnc 55







public life





eerptrd
































Wcr CriMq















TOJO Hideki


















China












1207
























Wrr Cr1mq









1208









































them








t1tuee






resulted








29 31 9 32 36 54 end 55bull








or China





ot the Pacific War
















1211















territories









the We~tern Powers

Wer CriMcs





l212

1

2

3

4

)

6

7

8

9

10

11

12

13

14

16

17

18

19

20

21

22

23

24

2)





such d1sse11t











the sPntenoe1 bull










1

2

s 4

6

7

8

9

1

12

13

14

u 16

17

11

19

20

21

22

23

24

25










resumed as follows)

1

2

4 or

6

8

1214


























1215
























lfU6

3

4

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
























1217

2

3

4

~

6

7

8

9

10

11

12

l3

14

u

16

17

18

19

20

21

22

23

24

25























1218






8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

bullbull aao 18



JUDGMENT


ANNEXES

JUDGKENT


ANNEXES

TABIE OF ltDNTETS

ANNEX NO ill ~









JUDGENT



26 July 1945

























- 1 shy




homeland




























- 2 shy












established








shell be parritted






governncnt






utter dostructiori

-3-

AlNEX NO A-1-o

JUDGMENT


























- 4 shy

upon the following










Sovereign nuler
















ment




- 5 shy





- 6 shy

JlliEX NO J-1-b

JUDGlENT



Auust 11 1915

Sir1








neublics rnd Chinni







is ns folloi-1s1









- shy













trrnsrorts




Jcpampnesa ~~oplc







Switzcrlnd

- 8 shy

1JU1EX NO 1-1-c

JUDGIENT




Aurust 14 1945

Sir1






















- 9 shy



rs follows




tion

















of SWitzerlr nd


3yeni tzerlr nd

- 10 shy

A~TJIl TC J -2

JlJDG E-T















situated








his direction




- 11 shy



their control
























es directed





- 12 shy












Hsu Yung-ChFnll






- lJ shy



















- 14 shy

JNNEX NO J-3

JUDGMENT












bullbullibullbull












middot

- 15 shy

mrtJC T( -4

Jl JYl TJ-1T



FOR CU~ FR ~ST











upon our ~risoners













- 16 shy























peace









bull 17



criminols


of January 1946


bull

- 18 shy

ArJllEX NO bull A-5

JODGMBIU

CHARTER


SECTICI~ I







Tokyo


onsistmiddot










b Secretariat






bull 19 bull



sary



Secretariat








by the Tribunal


bsence











decisive





- 20 bull



SllCJICN II
















the foregoing












- 21 shy












so requires




AR~TCLE 8 Counsel







is appropriate




SECTICN III



- 22 shy













requested


















- 23 shy

















by the Tribunal

S11CTICN IV



the newer



them







- 24 shy






shall



charges




kind whatsoever









f8J1E 13 ~vidcnce










- 25 shy


























signed statement






- 26 shy




nvPileble

















C1JUISel







opining stotencnt




- 27 shy







Tribunal



SECTICm V

















Chief of Steff

OFFICIL



28 bull

ANNEX NO A-6

JUDGMENT


INDICT1NT







PFILirgtn~s

bullAGAINST shy










UEZU Yoshijiro

Defendants

INDICJ1Ell






- 29 shy



selves












pao~le

















- JObull
































- Jl shy





























of them

- J2 bull

CotTNI 1























CCUNT 2








- 33 shy
















Count

cmrr-1] 3














- 34 shy






CCTJNT 4
























- 35 shy








trat ptlIJOOSB




CCUtT 5





























CCUNT 6









to this Count

COTThT 7









bull 3T bull




CCUNT 8















C(ITJT 9









- JS shy

COTHT 10 bull





cpPinst Rew 7eelrnd




CCTT 11





rgoinst c~nd3




CCITI 12





against India




~ 39 shy

C()TJT 13









CCTTT 14












CrTl 15







- 40 shy






COTl 16










Ccunt

crHT 17






Renublics







- 41shy

CCF 18










CC1t 19







Chine




to this Count

err_ 20






- 42 shy








ccrn 21





cf tte Trili-pines



CCIJT 22












- 4) shy






Frence bull



CcUfilZh





Theiland




this Count

QOUNT 25










- 44 shy

CCTTTlT 26








Kha1khin-Gol River



C(TJT 27





Republic of Chine



C(T~T 28





Re~ublic of Chine



- 45 shy

CCUlT 29









to this Count

COlP1 JO








crrJl 31 middot









tc this Count

- 46 shy

CCTTJ 32








CC 33







France



middot CCUNT 34









- 47 shy




Socialist Republics



CCUc 36








ltmCUlt TWO U1DEl











CCl 37


- 48 shy









of such plan
















attacks





lawful belligerents


- 49 shy




COTT JS










cf such 1an










or sone of treuroll





attacks


- 50 shy









C0T11 9













CfTmiddotT 40








- 51 bull




at present unknown

comrr 41











present unknown











52 shy





























- shy

CCGNT 45












CCTfT 46










unknown

C(TJ 47






- 54 shy






C01-l 48











COHFT 49











- 55 shy

CCTTIT 50











unknownbull

cnTNT 51












ccmiddotJNT 52





- 56 shy

















CCU-T 53













- -57 shy






























bull 58 shy

C0PNl 54








the laws cf War







CCFNT 55














- ~9 shy







wrr









Tribunal



Hsiang Che-Chun


I s Comyns Cirr


Irelond

S bull Golunsky


6Q shy

A J 1nsfeldshy


II G folen


Robert bullneto




R H quillhm




edro Lopez


- 61 shy

APPENDIX J




Groun Cne

SECTION 1 1

























- 62 shy



Chinese in Shanghai












of Chins












other than her cwn




- 63 shy






SECTINT 2





















































li5 shy










ocinpr ign



SECTION 4

















- 66





























territories

- 67 shy

SECTION 5









(e) t~VH






obvious cdvvntege






~nd France


her nev~l strength








- 68 shy



(b) MILITARY








into effect






18 31

(d) PRODUCTIVE








wars of aggression

(e) FINANCIAL





bull - 69 shy




SECTION 6


























- 70 shy



























- 71 shy






























- 72 shy








strong re$lstance





















China



- 7J shy


















ends














- 74 shy







Chinr~ br ee s












or o-ptured











- 75 shy

SECTION 8bull































- 6 shy












Railroad




















- 77 shy
































- 78 shy








weys








wrr ig~inet Germnny









SECTIC1 9




here

bull 79 shy

I
































- 80 shy
































- 81 shy
































- 82 shy









of war



SOCTJCH 10

















- SJ shy

















Indies






ll4 shy

APPENDIX B








1 Article I





differences

2 Article II





owers









bull 85 bull

trtiole 1






i rticle 2











rticle I














bull 86 shy

Chino

























Nmiddottions








tultill6d


Pat ions







the Council


Netione
















- 88 shy



middot between then









Naticns










ation ttereof










- 89 shy


s~~rorriete









s_fie





















- cc- shy




















1-ations













- 1 shy













rrtons










17 bullrticlc )







- 92 bull middot




territory






~ifn tory olcre

19 middotrticlc I




















- 9~ shy






























- 91 shy


Article I


eereebull



ot China








China






Article II










- 95







China
















research






Article IV






tory

Art1cldege VII







Powera co1oerned





~rticle II 1












- 97 shy












1iill tcry obullsrs

lrtick I






with -ons inctber

Article II











- 98 shy



















trticlG I








37- rtJcle I


JR _rtiole II

- 99 shy














Trc ty bullmiddotnd






rticlc IV





- 1ot shy











rkine



rticle V


















- 101 shy








~rti cle I





Article II





the conf 11 ct

- 102 shy








would be nsntEned











in Cina



Torth Chins





- middot103 shy















104 shy

AlPtmrx n



























- 105 shy

conms nders
















Stbullte


[li~) ~s follows










- 116 shy


















Customs of r












- 107 shy
































- 108 shy

with Japan




applied






















l~ shy




statement





















SEClION NJE



- 110 shy








Japanese forces

SECTICN TWO bull



















toots

- 111 ~

SCTI CN Tl-R EE


















end bed

S~TICN FCllR





the said assurances






- 112 shy










Chapter




sectCTIlt JrIVE















ill-treated


- 113 shy






arranged



their journeys bull

S-0CTJO SIX





seic assurances








l)UbUc view




them sr6 to wort


- 111 shy










distroyed

S~CIO rmiddotyenJ




















- 115 shy














smiddotcrr0r~ Tirr











- 116 -middot





ot er






or cont1scotcd

SECTIC~ FT~T








XTI crbull PTTn



- 117 bull











his name ap~eers


















- 118 shy












ARAKI











Council (1940)






- 119









Conterenoes- s


















fjit 1194)

- 120 shy














(Novenber 1944)

PIR 1~












- 121 shy










Conrerences- 1012

lOliWO













(December 1944)

Ccnfersncee- 1114

ITGH


- 122 shy





















IR gtS (1944)


ICIDO






- 123 shy




Conferences- 1012

KU~tR







YCISC










~TSbullTI







- 124 shy







lllSTCYA









sive warfare

Conferences- 12~346

rn~bull1t









Taren (1945)

- 125 shy

tTO
























tram February 1944


or~


- 126 shy








1944 to June 1945)










OSHD~





rrril 1945

S 1TC




- 127 shy



















SHIWDA









Conferences- 12i314

bull 128 shy

SHIRATOR










suzmr
















TOGO



bull 129







TOJ01















General Starr


UKEZUI









1944 to 1945)



ARAKI Sadao

DOHIHARA Kenji

HASHIMOTO Kingoro

HATA Shunroko

War Crimes

HIRANUMA Kiichiro

HIROTA Koki

HOSHINO Naoki

ITAGAKI Seishiro

War Crimes

KAYA Okinori

KIDO Koichi

KIMURA Heitaro

KOISO Kuniaki

War Crimes

MATSUI Iwane

MINAMI Jiro

MUTO Akira

War Crimes

OKA Takasumi

War Crimes

OSHIMA Hiroshi

SATO Kenryo

War Crimes

SHIGEMITSU Mamoru

War Crimes

SHIMADA Shigetaro

War Crimes

SHIRATORI Toshio

SUZUKI Teiichi

TOGO Shigenori

War Crimes

TOJO Hideki

War Crimes

UMEZU Yoshijiro

War Crimes


Sentences









un~er Count 5

HASHIMOTO Kingoro


29 1 31 1 32 54 and 55






















































the throat of force



exccuticn


















lend 27

HATA Shunroko


36 54 end 55





















Japan







Army

1155







of these wars

War Crimes













and 54
































ussR


on Counts 1 27 29 3132 rnd 36




31 32 33 35 54 End 5~









































HIROTA

























against China












1945




















1161






C)lllts 29 31 32 33 35 and 54























111






entirely abandoned


















guilty







1164

ITlGMI Seish1ro


1 27 1 2 31 1 32 33 35 36 54 end 55















state of Menchukuo


























of Jrpan



















l166
















f aggression




War Crirres






perid





facilities to theo








































KAYA Okinori




















pcl1cies













those Counts




KIDO Ko1eh1









supporters























1172















to tm south



















i173















36 54 nnd 55

KIIURA Heitaro




































Surroncer



















under his cor~anc








1176












1 27 29 31 32 54 and55

KOIS0 1 Kunicki


36 54~ one bull








Kwantung Jrriy














further these plans



tnnchuria

















them


















1179




of his euty



36 ond 54

fATSUI I Iwanamp

















done













1181





































35 36 and 54

1HNAlfI 1 Jiro


54 and 55










































29 1 31 32 54 1 and 55

imo M1t1


31 32 33 36 54 and 55






















War Crimes








1186



ful affair






















OKA Taira smicrom1






Ministry








Powers

War Crimes









osg Hiroshi








Surrender or Jepen






















main conspiracy




prisoners










defence



suo tenryq
































bullbullbull able



















hen Ileen eJCpanded























~~~

1193


12 33 35 54 me 55




























lprU 1945



War Crimes


















to reply to them













tc crlplPin cf










t0 hiee











being dschrrged




fUilty rn Ccunt 54











then

1197

SHIMADA I Shigetaro


29 1 31 32 1 4 ond









Geniril St9ff



















pnrt in w~ging it


27 1 29 31 nn1 32

Wnr Crircs













54 anc 5

SHRATCJRI T-shio


and 32


























in aggressive war







































nnd 32

1202



















Ncn0nhan

























55


31 32 36 54 rnc 55







public life





eerptrd
































Wcr CriMq















TOJO Hideki


















China












1207
























Wrr Cr1mq









1208









































them








t1tuee






resulted








29 31 9 32 36 54 end 55bull








or China





ot the Pacific War
















1211















territories









the We~tern Powers

Wer CriMcs





l212

1

2

3

4

)

6

7

8

9

10

11

12

13

14

16

17

18

19

20

21

22

23

24

2)





such d1sse11t











the sPntenoe1 bull










1

2

s 4

6

7

8

9

1

12

13

14

u 16

17

11

19

20

21

22

23

24

25










resumed as follows)

1

2

4 or

6

8

1214


























1215
























lfU6

3

4

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
























1217

2

3

4

~

6

7

8

9

10

11

12

l3

14

u

16

17

18

19

20

21

22

23

24

25























1218






8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

bullbull aao 18



JUDGMENT


ANNEXES

JUDGKENT


ANNEXES

TABIE OF ltDNTETS

ANNEX NO ill ~









JUDGENT



26 July 1945

























- 1 shy




homeland




























- 2 shy












established








shell be parritted






governncnt






utter dostructiori

-3-

AlNEX NO A-1-o

JUDGMENT


























- 4 shy

upon the following










Sovereign nuler
















ment




- 5 shy





- 6 shy

JlliEX NO J-1-b

JUDGlENT



Auust 11 1915

Sir1








neublics rnd Chinni







is ns folloi-1s1









- shy













trrnsrorts




Jcpampnesa ~~oplc







Switzcrlnd

- 8 shy

1JU1EX NO 1-1-c

JUDGIENT




Aurust 14 1945

Sir1






















- 9 shy



rs follows




tion

















of SWitzerlr nd


3yeni tzerlr nd

- 10 shy

A~TJIl TC J -2

JlJDG E-T















situated








his direction




- 11 shy



their control
























es directed





- 12 shy












Hsu Yung-ChFnll






- lJ shy



















- 14 shy

JNNEX NO J-3

JUDGMENT












bullbullibullbull












middot

- 15 shy

mrtJC T( -4

Jl JYl TJ-1T



FOR CU~ FR ~ST











upon our ~risoners













- 16 shy























peace









bull 17



criminols


of January 1946


bull

- 18 shy

ArJllEX NO bull A-5

JODGMBIU

CHARTER


SECTICI~ I







Tokyo


onsistmiddot










b Secretariat






bull 19 bull



sary



Secretariat








by the Tribunal


bsence











decisive





- 20 bull



SllCJICN II
















the foregoing












- 21 shy












so requires




AR~TCLE 8 Counsel







is appropriate




SECTICN III



- 22 shy













requested


















- 23 shy

















by the Tribunal

S11CTICN IV



the newer



them







- 24 shy






shall



charges




kind whatsoever









f8J1E 13 ~vidcnce










- 25 shy


























signed statement






- 26 shy




nvPileble

















C1JUISel







opining stotencnt




- 27 shy







Tribunal



SECTICm V

















Chief of Steff

OFFICIL



28 bull

ANNEX NO A-6

JUDGMENT


INDICT1NT







PFILirgtn~s

bullAGAINST shy










UEZU Yoshijiro

Defendants

INDICJ1Ell






- 29 shy



selves












pao~le

















- JObull
































- Jl shy





























of them

- J2 bull

CotTNI 1























CCUNT 2








- 33 shy
















Count

cmrr-1] 3














- 34 shy






CCTJNT 4
























- 35 shy








trat ptlIJOOSB




CCUtT 5





























CCUNT 6









to this Count

COTThT 7









bull 3T bull




CCUNT 8















C(ITJT 9









- JS shy

COTHT 10 bull





cpPinst Rew 7eelrnd




CCTT 11





rgoinst c~nd3




CCITI 12





against India




~ 39 shy

C()TJT 13









CCTTT 14












CrTl 15







- 40 shy






COTl 16










Ccunt

crHT 17






Renublics







- 41shy

CCF 18










CC1t 19







Chine




to this Count

err_ 20






- 42 shy








ccrn 21





cf tte Trili-pines



CCIJT 22












- 4) shy






Frence bull



CcUfilZh





Theiland




this Count

QOUNT 25










- 44 shy

CCTTTlT 26








Kha1khin-Gol River



C(TJT 27





Republic of Chine



C(T~T 28





Re~ublic of Chine



- 45 shy

CCUlT 29









to this Count

COlP1 JO








crrJl 31 middot









tc this Count

- 46 shy

CCTTJ 32








CC 33







France



middot CCUNT 34









- 47 shy




Socialist Republics



CCUc 36








ltmCUlt TWO U1DEl











CCl 37


- 48 shy









of such plan
















attacks





lawful belligerents


- 49 shy




COTT JS










cf such 1an










or sone of treuroll





attacks


- 50 shy









C0T11 9













CfTmiddotT 40








- 51 bull




at present unknown

comrr 41











present unknown











52 shy





























- shy

CCGNT 45












CCTfT 46










unknown

C(TJ 47






- 54 shy






C01-l 48











COHFT 49











- 55 shy

CCTTIT 50











unknownbull

cnTNT 51












ccmiddotJNT 52





- 56 shy

















CCU-T 53













- -57 shy






























bull 58 shy

C0PNl 54








the laws cf War







CCFNT 55














- ~9 shy







wrr









Tribunal



Hsiang Che-Chun


I s Comyns Cirr


Irelond

S bull Golunsky


6Q shy

A J 1nsfeldshy


II G folen


Robert bullneto




R H quillhm




edro Lopez


- 61 shy

APPENDIX J




Groun Cne

SECTION 1 1

























- 62 shy



Chinese in Shanghai












of Chins












other than her cwn




- 63 shy






SECTINT 2





















































li5 shy










ocinpr ign



SECTION 4

















- 66





























territories

- 67 shy

SECTION 5









(e) t~VH






obvious cdvvntege






~nd France


her nev~l strength








- 68 shy



(b) MILITARY








into effect






18 31

(d) PRODUCTIVE








wars of aggression

(e) FINANCIAL





bull - 69 shy




SECTION 6


























- 70 shy



























- 71 shy






























- 72 shy








strong re$lstance





















China



- 7J shy


















ends














- 74 shy







Chinr~ br ee s












or o-ptured











- 75 shy

SECTION 8bull































- 6 shy












Railroad




















- 77 shy
































- 78 shy








weys








wrr ig~inet Germnny









SECTIC1 9




here

bull 79 shy

I
































- 80 shy
































- 81 shy
































- 82 shy









of war



SOCTJCH 10

















- SJ shy

















Indies






ll4 shy

APPENDIX B








1 Article I





differences

2 Article II





owers









bull 85 bull

trtiole 1






i rticle 2











rticle I














bull 86 shy

Chino

























Nmiddottions








tultill6d


Pat ions







the Council


Netione
















- 88 shy



middot between then









Naticns










ation ttereof










- 89 shy


s~~rorriete









s_fie





















- cc- shy




















1-ations













- 1 shy













rrtons










17 bullrticlc )







- 92 bull middot




territory






~ifn tory olcre

19 middotrticlc I




















- 9~ shy






























- 91 shy


Article I


eereebull



ot China








China






Article II










- 95







China
















research






Article IV






tory

Art1cldege VII







Powera co1oerned





~rticle II 1












- 97 shy












1iill tcry obullsrs

lrtick I






with -ons inctber

Article II











- 98 shy



















trticlG I








37- rtJcle I


JR _rtiole II

- 99 shy














Trc ty bullmiddotnd






rticlc IV





- 1ot shy











rkine



rticle V


















- 101 shy








~rti cle I





Article II





the conf 11 ct

- 102 shy








would be nsntEned











in Cina



Torth Chins





- middot103 shy















104 shy

AlPtmrx n



























- 105 shy

conms nders
















Stbullte


[li~) ~s follows










- 116 shy


















Customs of r












- 107 shy
































- 108 shy

with Japan




applied






















l~ shy




statement





















SEClION NJE



- 110 shy








Japanese forces

SECTICN TWO bull



















toots

- 111 ~

SCTI CN Tl-R EE


















end bed

S~TICN FCllR





the said assurances






- 112 shy










Chapter




sectCTIlt JrIVE















ill-treated


- 113 shy






arranged



their journeys bull

S-0CTJO SIX





seic assurances








l)UbUc view




them sr6 to wort


- 111 shy










distroyed

S~CIO rmiddotyenJ




















- 115 shy














smiddotcrr0r~ Tirr











- 116 -middot





ot er






or cont1scotcd

SECTIC~ FT~T








XTI crbull PTTn



- 117 bull











his name ap~eers


















- 118 shy












ARAKI











Council (1940)






- 119









Conterenoes- s


















fjit 1194)

- 120 shy














(Novenber 1944)

PIR 1~












- 121 shy










Conrerences- 1012

lOliWO













(December 1944)

Ccnfersncee- 1114

ITGH


- 122 shy





















IR gtS (1944)


ICIDO






- 123 shy




Conferences- 1012

KU~tR







YCISC










~TSbullTI







- 124 shy







lllSTCYA









sive warfare

Conferences- 12~346

rn~bull1t









Taren (1945)

- 125 shy

tTO
























tram February 1944


or~


- 126 shy








1944 to June 1945)










OSHD~





rrril 1945

S 1TC




- 127 shy



















SHIWDA









Conferences- 12i314

bull 128 shy

SHIRATOR










suzmr
















TOGO



bull 129







TOJ01















General Starr


UKEZUI









1944 to 1945)



ARAKI Sadao

DOHIHARA Kenji

HASHIMOTO Kingoro

HATA Shunroko

War Crimes

HIRANUMA Kiichiro

HIROTA Koki

HOSHINO Naoki

ITAGAKI Seishiro

War Crimes

KAYA Okinori

KIDO Koichi

KIMURA Heitaro

KOISO Kuniaki

War Crimes

MATSUI Iwane

MINAMI Jiro

MUTO Akira

War Crimes

OKA Takasumi

War Crimes

OSHIMA Hiroshi

SATO Kenryo

War Crimes

SHIGEMITSU Mamoru

War Crimes

SHIMADA Shigetaro

War Crimes

SHIRATORI Toshio

SUZUKI Teiichi

TOGO Shigenori

War Crimes

TOJO Hideki

War Crimes

UMEZU Yoshijiro

War Crimes


Sentences

HASHIMOTO Kingoro


29 1 31 1 32 54 and 55






















































the throat of force



exccuticn


















lend 27

HATA Shunroko


36 54 end 55





















Japan







Army

1155







of these wars

War Crimes













and 54
































ussR


on Counts 1 27 29 3132 rnd 36




31 32 33 35 54 End 5~









































HIROTA

























against China












1945




















1161






C)lllts 29 31 32 33 35 and 54























111






entirely abandoned


















guilty







1164

ITlGMI Seish1ro


1 27 1 2 31 1 32 33 35 36 54 end 55















state of Menchukuo


























of Jrpan



















l166
















f aggression




War Crirres






perid





facilities to theo








































KAYA Okinori




















pcl1cies













those Counts




KIDO Ko1eh1









supporters























1172















to tm south



















i173















36 54 nnd 55

KIIURA Heitaro




































Surroncer



















under his cor~anc








1176












1 27 29 31 32 54 and55

KOIS0 1 Kunicki


36 54~ one bull








Kwantung Jrriy














further these plans



tnnchuria

















them


















1179




of his euty



36 ond 54

fATSUI I Iwanamp

















done













1181





































35 36 and 54

1HNAlfI 1 Jiro


54 and 55










































29 1 31 32 54 1 and 55

imo M1t1


31 32 33 36 54 and 55






















War Crimes








1186



ful affair






















OKA Taira smicrom1






Ministry








Powers

War Crimes









osg Hiroshi








Surrender or Jepen






















main conspiracy




prisoners










defence



suo tenryq
































bullbullbull able



















hen Ileen eJCpanded























~~~

1193


12 33 35 54 me 55




























lprU 1945



War Crimes


















to reply to them













tc crlplPin cf










t0 hiee











being dschrrged




fUilty rn Ccunt 54











then

1197

SHIMADA I Shigetaro


29 1 31 32 1 4 ond









Geniril St9ff



















pnrt in w~ging it


27 1 29 31 nn1 32

Wnr Crircs













54 anc 5

SHRATCJRI T-shio


and 32


























in aggressive war







































nnd 32

1202



















Ncn0nhan

























55


31 32 36 54 rnc 55







public life





eerptrd
































Wcr CriMq















TOJO Hideki


















China












1207
























Wrr Cr1mq









1208









































them








t1tuee






resulted








29 31 9 32 36 54 end 55bull








or China





ot the Pacific War
















1211















territories









the We~tern Powers

Wer CriMcs





l212

1

2

3

4

)

6

7

8

9

10

11

12

13

14

16

17

18

19

20

21

22

23

24

2)





such d1sse11t











the sPntenoe1 bull










1

2

s 4

6

7

8

9

1

12

13

14

u 16

17

11

19

20

21

22

23

24

25










resumed as follows)

1

2

4 or

6

8

1214


























1215
























lfU6

3

4

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
























1217

2

3

4

~

6

7

8

9

10

11

12

l3

14

u

16

17

18

19

20

21

22

23

24

25























1218






8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

bullbull aao 18



JUDGMENT


ANNEXES

JUDGKENT


ANNEXES

TABIE OF ltDNTETS

ANNEX NO ill ~









JUDGENT



26 July 1945

























- 1 shy




homeland




























- 2 shy












established








shell be parritted






governncnt






utter dostructiori

-3-

AlNEX NO A-1-o

JUDGMENT


























- 4 shy

upon the following










Sovereign nuler
















ment




- 5 shy





- 6 shy

JlliEX NO J-1-b

JUDGlENT



Auust 11 1915

Sir1








neublics rnd Chinni







is ns folloi-1s1









- shy













trrnsrorts




Jcpampnesa ~~oplc







Switzcrlnd

- 8 shy

1JU1EX NO 1-1-c

JUDGIENT




Aurust 14 1945

Sir1






















- 9 shy



rs follows




tion

















of SWitzerlr nd


3yeni tzerlr nd

- 10 shy

A~TJIl TC J -2

JlJDG E-T















situated








his direction




- 11 shy



their control
























es directed





- 12 shy












Hsu Yung-ChFnll






- lJ shy



















- 14 shy

JNNEX NO J-3

JUDGMENT












bullbullibullbull












middot

- 15 shy

mrtJC T( -4

Jl JYl TJ-1T



FOR CU~ FR ~ST











upon our ~risoners













- 16 shy























peace









bull 17



criminols


of January 1946


bull

- 18 shy

ArJllEX NO bull A-5

JODGMBIU

CHARTER


SECTICI~ I







Tokyo


onsistmiddot










b Secretariat






bull 19 bull



sary



Secretariat








by the Tribunal


bsence











decisive





- 20 bull



SllCJICN II
















the foregoing












- 21 shy












so requires




AR~TCLE 8 Counsel







is appropriate




SECTICN III



- 22 shy













requested


















- 23 shy

















by the Tribunal

S11CTICN IV



the newer



them







- 24 shy






shall



charges




kind whatsoever









f8J1E 13 ~vidcnce










- 25 shy


























signed statement






- 26 shy




nvPileble

















C1JUISel







opining stotencnt




- 27 shy







Tribunal



SECTICm V

















Chief of Steff

OFFICIL



28 bull

ANNEX NO A-6

JUDGMENT


INDICT1NT







PFILirgtn~s

bullAGAINST shy










UEZU Yoshijiro

Defendants

INDICJ1Ell






- 29 shy



selves












pao~le

















- JObull
































- Jl shy





























of them

- J2 bull

CotTNI 1























CCUNT 2








- 33 shy
















Count

cmrr-1] 3














- 34 shy






CCTJNT 4
























- 35 shy








trat ptlIJOOSB




CCUtT 5





























CCUNT 6









to this Count

COTThT 7









bull 3T bull




CCUNT 8















C(ITJT 9









- JS shy

COTHT 10 bull





cpPinst Rew 7eelrnd




CCTT 11





rgoinst c~nd3




CCITI 12





against India




~ 39 shy

C()TJT 13









CCTTT 14












CrTl 15







- 40 shy






COTl 16










Ccunt

crHT 17






Renublics







- 41shy

CCF 18










CC1t 19







Chine




to this Count

err_ 20






- 42 shy








ccrn 21





cf tte Trili-pines



CCIJT 22












- 4) shy






Frence bull



CcUfilZh





Theiland




this Count

QOUNT 25










- 44 shy

CCTTTlT 26








Kha1khin-Gol River



C(TJT 27





Republic of Chine



C(T~T 28





Re~ublic of Chine



- 45 shy

CCUlT 29









to this Count

COlP1 JO








crrJl 31 middot









tc this Count

- 46 shy

CCTTJ 32








CC 33







France



middot CCUNT 34









- 47 shy




Socialist Republics



CCUc 36








ltmCUlt TWO U1DEl











CCl 37


- 48 shy









of such plan
















attacks





lawful belligerents


- 49 shy




COTT JS










cf such 1an










or sone of treuroll





attacks


- 50 shy









C0T11 9













CfTmiddotT 40








- 51 bull




at present unknown

comrr 41











present unknown











52 shy





























- shy

CCGNT 45












CCTfT 46










unknown

C(TJ 47






- 54 shy






C01-l 48











COHFT 49











- 55 shy

CCTTIT 50











unknownbull

cnTNT 51












ccmiddotJNT 52





- 56 shy

















CCU-T 53













- -57 shy






























bull 58 shy

C0PNl 54








the laws cf War







CCFNT 55














- ~9 shy







wrr









Tribunal



Hsiang Che-Chun


I s Comyns Cirr


Irelond

S bull Golunsky


6Q shy

A J 1nsfeldshy


II G folen


Robert bullneto




R H quillhm




edro Lopez


- 61 shy

APPENDIX J




Groun Cne

SECTION 1 1

























- 62 shy



Chinese in Shanghai












of Chins












other than her cwn




- 63 shy






SECTINT 2





















































li5 shy










ocinpr ign



SECTION 4

















- 66





























territories

- 67 shy

SECTION 5









(e) t~VH






obvious cdvvntege






~nd France


her nev~l strength








- 68 shy



(b) MILITARY








into effect






18 31

(d) PRODUCTIVE








wars of aggression

(e) FINANCIAL





bull - 69 shy




SECTION 6


























- 70 shy



























- 71 shy






























- 72 shy








strong re$lstance





















China



- 7J shy


















ends














- 74 shy







Chinr~ br ee s












or o-ptured











- 75 shy

SECTION 8bull































- 6 shy












Railroad




















- 77 shy
































- 78 shy








weys








wrr ig~inet Germnny









SECTIC1 9




here

bull 79 shy

I
































- 80 shy
































- 81 shy
































- 82 shy









of war



SOCTJCH 10

















- SJ shy

















Indies






ll4 shy

APPENDIX B








1 Article I





differences

2 Article II





owers









bull 85 bull

trtiole 1






i rticle 2











rticle I














bull 86 shy

Chino

























Nmiddottions








tultill6d


Pat ions







the Council


Netione
















- 88 shy



middot between then









Naticns










ation ttereof










- 89 shy


s~~rorriete









s_fie





















- cc- shy




















1-ations













- 1 shy













rrtons










17 bullrticlc )







- 92 bull middot




territory






~ifn tory olcre

19 middotrticlc I




















- 9~ shy






























- 91 shy


Article I


eereebull



ot China








China






Article II










- 95







China
















research






Article IV






tory

Art1cldege VII







Powera co1oerned





~rticle II 1












- 97 shy












1iill tcry obullsrs

lrtick I






with -ons inctber

Article II











- 98 shy



















trticlG I








37- rtJcle I


JR _rtiole II

- 99 shy














Trc ty bullmiddotnd






rticlc IV





- 1ot shy











rkine



rticle V


















- 101 shy








~rti cle I





Article II





the conf 11 ct

- 102 shy








would be nsntEned











in Cina



Torth Chins





- middot103 shy















104 shy

AlPtmrx n



























- 105 shy

conms nders
















Stbullte


[li~) ~s follows










- 116 shy


















Customs of r












- 107 shy
































- 108 shy

with Japan




applied






















l~ shy




statement





















SEClION NJE



- 110 shy








Japanese forces

SECTICN TWO bull



















toots

- 111 ~

SCTI CN Tl-R EE


















end bed

S~TICN FCllR





the said assurances






- 112 shy










Chapter




sectCTIlt JrIVE















ill-treated


- 113 shy






arranged



their journeys bull

S-0CTJO SIX





seic assurances








l)UbUc view




them sr6 to wort


- 111 shy










distroyed

S~CIO rmiddotyenJ




















- 115 shy














smiddotcrr0r~ Tirr











- 116 -middot





ot er






or cont1scotcd

SECTIC~ FT~T








XTI crbull PTTn



- 117 bull











his name ap~eers


















- 118 shy












ARAKI











Council (1940)






- 119









Conterenoes- s


















fjit 1194)

- 120 shy














(Novenber 1944)

PIR 1~












- 121 shy










Conrerences- 1012

lOliWO













(December 1944)

Ccnfersncee- 1114

ITGH


- 122 shy





















IR gtS (1944)


ICIDO






- 123 shy




Conferences- 1012

KU~tR







YCISC










~TSbullTI







- 124 shy







lllSTCYA









sive warfare

Conferences- 12~346

rn~bull1t









Taren (1945)

- 125 shy

tTO
























tram February 1944


or~


- 126 shy








1944 to June 1945)










OSHD~





rrril 1945

S 1TC




- 127 shy



















SHIWDA









Conferences- 12i314

bull 128 shy

SHIRATOR










suzmr
















TOGO



bull 129







TOJ01















General Starr


UKEZUI









1944 to 1945)



ARAKI Sadao

DOHIHARA Kenji

HASHIMOTO Kingoro

HATA Shunroko

War Crimes

HIRANUMA Kiichiro

HIROTA Koki

HOSHINO Naoki

ITAGAKI Seishiro

War Crimes

KAYA Okinori

KIDO Koichi

KIMURA Heitaro

KOISO Kuniaki

War Crimes

MATSUI Iwane

MINAMI Jiro

MUTO Akira

War Crimes

OKA Takasumi

War Crimes

OSHIMA Hiroshi

SATO Kenryo

War Crimes

SHIGEMITSU Mamoru

War Crimes

SHIMADA Shigetaro

War Crimes

SHIRATORI Toshio

SUZUKI Teiichi

TOGO Shigenori

War Crimes

TOJO Hideki

War Crimes

UMEZU Yoshijiro

War Crimes


Sentences