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I. CONSTITUTION OF THE INTERNATIONAL MILITARY TRIBUNAL. Article 1. In pursuance of the Agreement signed on the 8th day of August by the. The lesser-known International Military Tribunal for the Far East (IMTFE) was . The Charter provided for MacArthur to appoint judges to the IMTFE from the. In our opinion the laws of the Charter is decisive and binding on the Tribunal. This is a special tribunal set up by the Supreme Commander under authority.

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The court’s powers were limited strictly by the terms chartfr the charter and rules of procedure of the Tokyo Trial. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity.

The Nuremberg tribunal consisted of one judge from each of the Allied powers, which each also supplied a prosecution team. The Japanese defense counsel labored under immense handicaps. The Nuremberg and Tokyo charted contributed significantly to the development of international criminal law, then in its infancy. If an accused is not represented by counsel and in open court requests the appointment of counsel, the Tribunal i,tfe designate counsel for him.

The Tribunal shall not require proof of facts of mitfe knowledge but shall take judicial notice thereof. Imtef a result the prosecution experienced real difficulties in finding a sufficiency of evidence to make a truly convincing case against most of the accused.

The Tokyo Charter differs from the Nuremberg Charter, however, in two ways. A document, regardless of its security classification and without proof of its cgarter or signature, which appears to the Tribunal to have been signed or issued by any officer, department, agency or member of the armed forces of any government.

It shall also take judicial notice of official governmental documents and reports of the United Nations, including the acts and documents of the committees set up in the various allied countries for the investigation of war crimes, and of records and findings of military or other Tribunals of any of the United Nations.

On March 7,the supreme commander issued a directive that chatrer the sentences by one-third for good behavior and authorized the parole of those who had received life sentences after fifteen years. Proceedings of the tribunal imtfd be conducted in English and in Japanese.

It was held in far less esteem as a weapon in the arsenal of public prosecutors elsewhere. Both courts ruled decisively that international law is superior to national law, and added that nothing that national courts or administrations might say could overturn that basic principle, which in times to come should be regarded as binding upon the victor as well as the vanquished. Defendants who were found guilty could appeal the verdict to the Allied Council for Japan.


MacArthur’s Special Proclamation said that he established an international imtce tribunal for the Far East, approved its constitution, jurisdiction, and functions as set out in its charter, and indicated that these steps were without prejudice to any other proceedings that might be established in Japan or chwrter the domains of the countries with which Japan had been at war.

The Nuremberg Trial lasted from November to October Accused by counsel only, if represented may address the Tribunal. Namely, violations of the laws or customs of war.

The Nuremberg Trial and the Tokyo War Crimes Trials (1945–1948)

The countries taking part in the prosecution and judgment were: Leaders, organizers, instigators chartre accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any person in execution of such plan. Some of those difficulties were surmounted with the arrival of American associate counsel provided to bolster the defense. Cite this article Pick a style below, and copy the text for your bibliography.

Poelgeest, Bart van Accordingly the Allied powers moved quickly to select their own associate counsel.

The Tribunal shall have the power to impose upon an accused, on conviction, death or such other punishment as shall be determined by it to be just. The transcripts of the proceedings in open session and in chambers, taken together with the separate opinions, consist of approximately 57, pages and, with the even longer full text of the Trial Exhibits and other documentation assembled for use during the trial, the English-language text represents by far the largest collection of material that exists in any European language on Japan and on Japanese relations with the outside world during the critical period between and The Case of General Yamashita.

To require the production of documents and other evidentiary material. The Secretariat shall receive all documents addressed to the Tribunal, maintain the records of the Tribunal, provide.

The Tokyo War Crimes Trial: In other instances, individual Allied governments put obstacles in the way of potential witnesses for the defense who were prepared to testify on behalf of one or more of the accused or in the general divisions of the defense case. The function of Counsel for a Defendant may be discharged at the Defendant’s request by any Counsel professionally qualified to conduct cases before the Courts of his own country, or by any other person who may be specially authorized thereto by the Tribunal.

If a member at any time is absent and afterwards is able to be present, he shall take part in all subsequent proceedings; unless he declares in open court that he is disqualified by reason of insufficient familiarity with the proceedings which took place in his absence.

ICC – Legal Tools record: Charter of the International Military Tribunal for the Far East []

The defense was also handicapped by express provisions in the charter that obliged the accused to make written applications in advance before seeking to produce any witness or document in evidence. When as many as six members of the Tribunal are present, they may convene the Tribunal in formal session. Nederland en het Tribunaal van Tokio.


The defendants selected for the first trials were not regarded as the only cjarter war criminals but as clearly representative members of the groups held responsible for the outbreak of World War II.

Three defendants were found not guilty, one committed suicide prior to trial, and one did not stand trial due to physical or mental illness. The Japanese on Trial: At first, not all of the defendants welcomed the Americans who chrater offered to them, but eventually all came to the conclusion that it was advisable to engage one or other of them.

These subsequent trials, however, were not held by international tribunals but instead by domestic courts or by tribunals operated by a single Allied power, such as military commissions. The defense did not attempt to match the structure imposed by the prosecution’s case and instead offered its case in six divisions.

The Tribunal ignored Hiranuma’s prewar reputation as a strong admirer of the Western democracies and as a man who held the European totalitarian states in low regard. The judgments of the international tribunals at Nuremberg and Tokyo, arguably the least satisfactory parts of all of the postwar proceedings, are read more frequently but seldom examined by scholars within the historical context of their trial processes.

The Tribunal may draft and amend rules of procedure consistent with the fundamental provisions of this Charter. All purported admissions or statements of the accused are admissible. The Soviet Union did not sign the declaration because it did not declare war on Japan until weeks later, on the same day imtf the United States dropped the second atomic bomb at Nagasaki.

The Charte public, Western opinion, and a majority of the court, however, were of a different mind. Each accused shall have the right to be represented by counsel of his own selection, subject to the disapproval of such counsel at any time by the Tribunal. There was, arguably, no legal basis on which the tribunal could have gone beyond the intentions of those who had convened the trial and given it authority.

The Tribunal shall draw up rules for its procedure.

Treaties, States parties, and Commentaries – Charter of the Nuremberg Tribunal,

For all these reasons, the proceedings began inauspiciously for both sides but were particularly detrimental to the accused imtce were dependent upon a defense panel that was seriously weak in the provisions made for qualified legal advisers, translators, clerical staff, and financial resources.

The defense in Tokyo retraced much of the ground covered by the prosecution and went on to explore virtually the whole history of Japan’s twentieth-century constitutional, social, political, and international history up to the end of World War II. Article 15 Course of Trial proceedings The proceedings the Trial will take the following course: The Tribunal shall have power to allow or reject the application.