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The Search for World Peace |
The Indictment
(Extracts)
International Military Tribunal for the Far East
NO. 1.
THE UNITED STATES OF AMERICA, THE REPUBLIC OF CHINA, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, TEE UNION OF SOVIET SOCIALIST REPUBLICS, THE COMMONWEALTH OF AUSTRALIA, CANADA, THE REPUBLIC OF FRANCE, THE KINGDOM OF THE NETHERLANDS, NEW ZEALAND, INDIA, AND THE COMMONWEALTH OF THE PHILIPPINES.
-AGAINST- ARAKI, Sadao; DOHIHARA, Kenji; HASHIMOTO, Kingoro; HATA, Shunroku; HIRANUMA, Kiichiro; HIROTA, Koki; HOSHINO, Naoki; ITAGAKI, Seishiro; KAYA, Okinori; KIDO, Koichi; KIMURA, Heitaro; KOISO, Kunia1i; MATSUI, Iwane; MATSUOKA, Yosuke; MINAMI, Jiro; MUTO, Akira; NAGANO, Osami; OKA, Taasumi; OKAWA, Shumei; OSHIMA, Hiroshi; SATO, Kenryo; SHIGEMITSU, Mamoru; SHIMADA, Shigetaro; SHIRATORI, Toshio; SUZUKI, Teiichi; TOGO, Shigenori; TOJO, Hideki; UlEZU, Yoshijiro.
Accused.
INDICTMENT |1| In the years hereinafter referred to in this Indictment the internal and foreign policies of Japan were dominated and directed by a criminal, militaristic clique, and such policies were the cause of serious world troubles, aggressive wars, and great damage to the interests of peace-loving peoples, as well as to the interests of the Japanese people themselves.
The mind of the Japanese people was systematically poisoned with harmful ideas of the alleged racial superiority of the Japanese over other peoples of Asia and even of the whole world. Such parliamentary institutions as existed in Japan were used as implements for widespread aggression, and a system similar to those then established by Hitler and the Nazi party in Germany and by the Fascist party in Italy was introduced. The economic and financial resources of Japan were to a large extent mobilized fore'war aims, to the detriment of the welfare of the Japanese people.
A conspiracy among the accused, joined in by the rulers of other aggressive countries, namely, Nazi Germany and Fascist Italy, was entered into. The main objects of this conspiracy was to secure the domination and exploitation by the aggressive States of the rest of the world, and to this end to commit, or encourage the commission of crimes against peace, war crimes, and crimes against humanity as defined in the Charter of this Tribunal, thus threatening and injuring the basic principles of liberty and respect for the human personality.
In the promotion and accomplishment of that scheme, these accused, taking advantage of their power and their official positions and their own personal prestige and influence, intended to and did plan, prepare, initiate, or wage aggressive war against the United States of America, the Republic of China, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, the Commonwealth of Australia, Canada, the Republic of France, the Kingdom of the Netherlands, New Zealand, India, the Commonwealth of the Philippines, and other peaceful nations, in violation of international law, as well as in violation of sacred treaty commitments, obligations and assurances. In furtherance of such scheme the accused contemplated and carried out the violation of recognized customs and conventions of war by murdering, maiming and ill-treating prisoners of war, civilian internees, and persons on the high seas, denying them adequate food, shelter, clothing, medical care, or other appropriate attention, forcing them to labour under inhumane conditions, and subjecting them to indignities; the exploitation to Japan's benefit of the manpower and economic resources of the vanquished nations; the plundering of public and private property; the wanton destruction of cities, towns and villages beyond any justification of military necessity; the perpetration of mass murder, rape, pillage, brigandage, torture, and other barbaric cruelties upon the helpless civilian population of the over-run countries; the increase of the influence and control of the military and naval groups over Japanese government officials and agencies; the psychological preparation of Japanese public opinion for aggressive warfare by establishing so-called Assistance Societies, by teaching nationalistic policies of expansion, by disseminating war propaganda, and by exercising strict control over the press and radio; the setting up of "puppet" governments in conquered countries; and the conclusion of military alliances with Germany and Italy to enhance by military might Japan's programme of expansion.
Therefore, the above named Nations by their undersigned representatives, duly appointed to represent their respective Governments in the investigation of the charges against and the prosecution of the Major War Criminals, pursuant to the Potsdam Declaration of the 20th July, 1945, and the Instrument of Surrender of the 2nd September, 1945, and the Charter of the Tribunal, promulgated by the Supreme Commander for the Allied Powers on 19th January, 1946 and amended 26th April, 1946, hereby accuse as guilty, in the respects hereinafter set forth, of Crimes against Peace, War Crimes, and Crimes against Humanity, and of Common Plans or Conspiracies to commit those Crimes, all as defined in the Charter of the Tribunal, and accordingly name as the accused in this cause and as indicted on the Counts hereinafter set out in which their names respectively appear, all the above-named individuals.
GROUP ONE: CRIMES AGAINST PEACE The following counts charge Crimes against Peace, being acts for which it is charged that each of the persons named are individually responsib]e in accordance with Article 5 and particularly Article 5 (a) of the Charter of the International Military Tribunal for the Far East, and in accordance with International Law.
Count 1 All the accused together with other persons, between the 1st January, 1928, and the 2nd September, 1945, participated as leaders, organisers, instigators, or accomplices in the formulation or execution of a common plan or conspiracy, and are responsible for all acts performed by any person in execution of such plan.
The object of such plan or conspiracy was that Japan should secure the military, naval, political and economic domination of East Asia and of the Pacific and Indian Oceans, and of all countries bordering thereon and islands therein, and for that purpose they conspired that Japan should alone or in combination with other countries having similar objects, or who could be induced or coerced to join therein, wage declared or undeclared war or wars of aggression, and war or wars in violation of international law, treaties, agreements and assurances, against any country or countries which might oppose that purpose.
The whole of the Particulars in Appendix A, of the Treaty Articles in Appendix B, and of the Assurances in Appendix C, relate to this Count.
Count 2 All the accused together with other persons, between the 1st January, 1928, and the 2nd September, 1945, participated as leaders, organisers, instigators, or accomplices in the formulation or execution of a common plan or conspiracy and are responsible for all acts performed by any person in execution of such plan.
The object of such plan or conspiracy was that Japan should secure the military, naval, political and economic domination of the provinces of Liaoning, Kirin, Heilungkiang and Jehol, being parts of the Republic of China, either directly or by establishing a separate state under the control of Japan, and for that purpose they conspired that Japan should wage declared or undeclared war or wars of aggression, and war or wars in violation of international law, treaties, agreements and assurances, against the Republic of China.
The whole of the Particulars in Appendix A; the following Treaty Articles in Appendix B: Nos. 1 to 6 inclusive, 8 to 14 inclusive, 22 to 30 inclusive, 32 to 35 inclusive; and the following Assurances in appendix C: Nos. 1 to 8 inclusive, relate to this Count.
Count 3 All the accused together with other persons, between the 1st January, 1928, and the 2nd September, 1945, participated as leaders, organisers, instigators, or accomplices in the formulation or execution of a common plan or conspiracy, and are responsible for all acts performed by any person in execution of such plan.
The object of such plan or conspiracy was that Japan should secure the military, naval, political and economic domination of the Republic of China, either directly or by establishing a separate state or states under the control of Japan, and for that purpose they conspired that Japan should wage declared or undeclared war or wars of aggression, and war or wars in violation of international law, treaties, agreements and assurances, against the Republic of China.
The whole of the Particulars in Appendix A, and the same Treaty Articles and Assurances as in Count 2, relate to this Count.
Count 4 All the accused together with other persons, between the 1st January, 1928, and the 2nd September, 1945, participated as leaders, organisers, instigators, or accomplices in the formulation or execution of a common plan or conspiracy, and are responsible for all acts performed by any person in execution of such plan.
The object of such plan or conspiracy was that Japan should secure the military, naval, political and economic domination of East Asia and of the Pacific and Indian Oceans, and of all countries bordering thereon and islands therein, and for that purpose they conspired that Japan should alone or in combination with other countries having similar objects, or who could be induced or coerced to join therein, wage declared or undeclared war or wars of aggression, and war or wars in violation of international law, treaties, agreements and assurances, against the United States of America, the British Commonwealth of Nations (which expression wherever used in this Indictment includes the United Kingdom of Great Britain and Northem Ireland, the Commonwealth of Australia, Canada, New Zealand, South Africa, India, Burma, the Malay States, and all other parts of the British Empire not separately represented in the League of Nations), the Republic of France, the Kingdom of the Netherlands, the Republic of China, the Republic of Portugal, the Kingdom of Thailand (Siam), the Commonwealth of the Philippines, and the Union of Soviet Socialist Republics, or such of them as might oppose that purpose.
The whole of the Particulars in Appendix A, of the Treaty Articles in Appendix B, and of the Assurances in Appendix C, relate to this Count.
Count 5 All the accused together with other persons, between the 1st January, 1928, and the 2nd September, 1945, participated as leaders, organisers, instigators, or accomplices in the formulation or execution of a common plan or conspiracy, and are responsible for all acts performed by any person in execution of such plan.
The object of such plan or conspiracy was that Germany, Italy and Japan should secure the military, naval, political and economic domination of the whole world, each having special domination in its own sphere, the sphere of Japan covering East Asia, the Pacific and Indian Oceans and all countries bordering thereon and islands therein, and for that purpose they conspired that Germany, Italy, and Japan 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, agreements and assurances, against any countries which might oppose that purpose, and particularly against the United States of America, the British Commonwealth of Nations, the Republic of France, the Kingdom of the Netherlands, the Republic of China, the Republic of Portugal, the Kingdom of Thailand (Siam), the Commonwealth of the Philippines, and the Union of Soviet Socialist Republics.
The whole of the Particulars in Appendix A, of the Treaty Articles in Appendix B, and of the Assurances in Appendix C, relate to this Count.
Count 6 All the accused, between the 1st January, 1928, and the 2nd September, 1945, planned and prepared a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Republic of China.
The following Sections of the Particulars in Appendix A: Nos. 1 to 6 inclusive, and the same Treaty Articles and Assurances as in Count 2, relate to this Count
Count 7 All the accused, between the 1st January, 1928, and the 2nd September, 1945, planned and prepared a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the United States of America.
The following Sections of the Particulars in Appendix A: Nos. 3, 4, 5, 6, 7, 9, and 10; the following Treaty Articles in Appendix B: Nos. 1 to 10 inclusive, 17 to 19 inclusive, 22 to 35, inclusive and 37; and the whole of the Assurances in Appendix C, relate to this Count.
Count 8 All the accused, between the 1st January, 1928, and the 2nd September, 1945, planned and prepared a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the United Kingdom of Great Britain and Northern Ireland and all parts of the British Commonwealth of Nations not the subject of separate counts in this Indictment.
The following Sections of the Particulars in Appendix A: Nos. 3, 4, 5, 6, 7, 9, and 10; the following Treaty Articles in Appendix B: Nos. 1, 2, 5, 10 to 19 inclusive, 22 to 30 inclusive, 32 to 35 inclusive, 37 and 38; and the whole of the Assurances in Appendix C, relate to this Count.
Count 9 All the accused, between the 1st January, 1928, and the 2nd September, 1945, planned and prepared a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Commonwealth of Australia.
The same Sections of the Particulars in Appendix A, and the same Treaty Articles and Assurances as in Count 8, relate to this Count.
Count 10 All the accused, between the 1st January, 1928, and the 2nd September, 1945, planned and prepared a war of aggression and a war in violation of international law, treaties, agreements and assurances, against New Zealand.
The same Sections of the Particulars in Appendix A, and the same Treaty Articles and Assurances as in Count 8, relate to this Count.
Count 11 All the accused, between the 1st January, 1928, and the 2nd September, 1945, planned and prepared a war of aggression and a war in violation of international law, treaties, agreements and assurances, against Canada.
The same Sections of the Particulars in Appendix A, and the same Treaty Articles and Assurances as in Count 8, relate to this Count.
Count 12 All the accused, between the 1st January, 1928, and the 2nd September, 1945, planned and prepared a war of aggression and a war in violation of international law, treaties, agreements and assurances, against India.
The same Sections of the Particulars in Appendix A, and the same Treaty Articles and Assurances as in Count 8, relate to this Count.
Count 13 All the accused, between the 1st January, 1928, and the 2nd September, 1945, planned and prepared a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Commonwealth of the Philippines.
The same Sections of the Particulars in Appendix A, and the same Treaty Articles and Assurances as in Count 7, relate to this Count.
Count 14 All the accused, between the 1st January, 1928, and the 2nd September, 1945, planned and prepared a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Kingdom of the Netherlands.
The following Sections of the Particulars in Appendix A: Nos. 3, 4, 5, 6, 7, 9, and 10; the following Treaty Articles in Appendix B: Nos. 1 to 5 inclusive, 10 to 18 inclusive, 20, 22 to 30 inclusive, 32 to 35 inclusive, 37 and 38; and the following Assurances in Appendix C: Nos. 10 to 15 inclusive, relate to this Count.
Count 15 All the accused, between the 1st January, 1928, and the 2nd, September, 1945, planned and prepared a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Republic of France.
The following Sections of the Particulars in Appendix A: Nos. 2, 3, 4, 5, 6, 7, 9, and 10; the following Treaty Articles in Appendix B: Nos. 1 to 5 inclusive, 10 to 19 inclusive, 22 to 30 inclusive, and 32 to 38 inclusive; and the following Assurances in Appendix. C: Nos. 14 and 15, relate to this Count.
Count 16 All the accused, between the 1st January, 1928, and the 2nd September, 1945, planned and prepared a war of aggression and a war in violation of international law, treaties, agreements and assurances against the Kingdom of Thailand.
The following Sections of the Particulars in Appendix A: Nos. 2, 3, 4, 5, 6, 7, 9, and 10; and the following Treaty Articles in Appendix B: Nos. 3, 4, 5, 10 and 32 to 38 inclusive, relate to this Count.
Count 17 All the accused, betwpen the 1st January, 1928, and the 2nd September, 1945, planned and prepared a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Union of Soviet Socialist Republics.
The following Sections of the Particulars in Appendix A: Nos. 1 to 8 inclusive; the following Treaty Articles in Appendix -B: Nos. 1 to 5 inclusive, 10 to 18 inclusive, 32 to 35 inclusive, 39 to 47 inclusive, and Assurance No. 13 in Appendix C, relate to this Count.
Count 18 The accused ARAKI, DOHIHARA, HASHIMOTO, HIRANUIMA, ITAGAKI, KOISO, MINAMI, OKAWA, SHIGEMITSU, TOJO and UMEZU, on or about the 18th September, 1931, initiated a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Republic of China.
Section 1 of the Particulars in Appendix A; and the following Treaty Articles in Appendix B: Nos. 1 to 5 inclusive, 11 to 14 inclusive, 22, 23, 25, 30, 40 to 43 inclusive, relate to this Count.
Count 19 The accused ARAKI, DOHIHARA, HASHIMOTO, HATA, HIRANUMA, HIROTA, HOSHINO, ITAGAKI, KAYA, KIDO, MATSUI, MUTO, SUZUKI, TOJO and UMEZU, on or about the 7th July, 1937, initiated a war of aggression and a wax in violation of international law, treaties, agreements and assurances, against the Republic of China.
Section 2 of the Particulars in Appendix A; the same Treaty Articles as in Count 18, and the following Assurances in Appendix C: Nos. 3, 4 and 5, relate to this Count.
Count 20 The accused DOHIHARA, HIRANUMA, HIROTA, HOSHINO, KAYA, KIDO, KIMURA, MUTO, NAGANO, OKA, OSHIMAA, SATO, SHIMADA, SUZUKI, TOGO and TOJO, on or about the 7th December, 1941, initiated a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the United States of America.
Section 9 of the Particulars in Appendix A; the following Treaty Articles in Appendix B: Nos. 1 to 9 inclusive, 19, 22 to 30 inclusive, 33, 34 and 37; and the whole of the Assurances in Appendix C, relate to this Count.
Count 21 The same accused as in Count 20, on or about the 7th December, 1941, initiated a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Commonwealth of the Philippines.
The same Particulars, Treaty Articles and Assurances as in Count 20, relate to this Count.
Count 22 The same accused as in Count, 20, on or about the 7th December, 1941, initiated a war of aggression and a wax in violation of international law, treaties, agreements and assurances, against the British Commonwealth of Nations.
Section 9 of the Particulars in Appendix A;,the following Treaty Articles in Appendix B: Nos. 1 to 5 inclusive, 19, 22 to 30 inclusive, 33 and 37; and the whole of the Assurances in Appendix C, relate to this Count.
Count 23 The accused ARAKI, DOROHARA. HIRANUMA, HIROTA, HOSHINO, ITAGAKI, KIDO, MATSUOKA, MUTO, NAGANO, SHIGEMITSU and TOJO, on or about the 22nd September, 1940, initiated a war of aggression and a war in violation of international law, treaties, agreements and assurances, agminst the Republic of France.
The same Particulars, Treaty Articles and Assurances as in Count 15, relate to this Count.
Count 24 The same accused as in Count 20, on or about the 7th December, 1941, initiated a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Kingdom of Thailand.
Section 7 of the Particulars in Appendix A, and the following Treaty Articles in Appendix B: Nos. 1 to 5 inclusive, 33, 34, 36, 37 and 38, relate to this Count.
Count 25 The accused ARAKI, DOHIHARA, HATA, HIRANUMA, HIROTA, HOSHINO, ITAGAKI, KIDO, MATSUOKA, MATSUI, SHIGEMITSU, SUZUKI and TOGO, during July and August, 1938, initiated a war of aggression and a war in violation of international law, treaties, agreements and assurances, by attacking the Union of Soviet Socialist Republics in the area of Lake Khasan.
The same Particulars, Treaty Articles and Assurances as in Count 17, relate to this Count.
Count 26 The accused ARAKI, DOHIHARA, HATA, HIRANUMA, ITAGAKI, KIDO, KOISO, MATSUI, MATSUOKA, MUTO, SUZUKI, TOGO, TOJO and UMEZU, during the summer of 1939, initiated a war of aggression and a war. in violation of international law, treaties, agreements and assurances, by attacking the territory of the Mongolian People's Republic in the area of the Khackhin-Gol River.
The same Particulars, Treaty Articles and Assurances as in Count 17, relate to this Count.
Count 27 All the accused, between the 18th September, 1931, and the 2nd September, 1945, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Republic of China.
The same Particulars, Treaty Articles and Assurances as in Count 2, relate to this Count.
Count 28 All the accused, between the 7th July, 1937, and the 2nd September, 1945, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Republic of China.
The same Particulars, Treaty Articles and Assurances as in Count 2, relate to this Count.
Count 29 All the accused, between the 7th December, 1941, and the 2nd September, 1945, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the United States of America.
The following Sections of the Particulars in Appendix A: Nos. 4 to 10 inclusive; and the same Treaty Articles and Assurances as in Count 20, relate to this Count.
Count 30 All the accused, btween the 7th December, 1941, and the 2nd September, 1945, waged a war of aggression and a war in violation of international law, treaties agreements and assurances, against the Commonwealth of the Philippines.
The same Particulars, Treaty Articles and Assurances as in Count 29, relate to this Count.
Count 31 All the accused, between the 7th December, 1941, and the 2nd September, 1945, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the British Commonwealth of Nations.
The following Sections of the Particulars in Appendix A: Nos. 4 to 10 inclusive; and the same Treaty Articles and Assurances as in Count 22, relate to this Count.
Count 32 All the accused, between the 7th December, 1941, and the 2nd September, 1945, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Kingdom of the Netherlands.
The same Particulars, Treaty Articles and Assurances is in Count 14, relate to this Count.
Count 33 The accused ARAKI, DOHIHAIRA, HIRANUMA, HIROTA, HOSHINO, ITAGAKI, KIDO, MATSUOKA, MUTO, NAGANO, SHIGEMITSU and TOJO, on and after the 22nd September, 1940, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Republic of France.
The same Particulars, Treaty Articles and Assurances as in Count 15, relate to this Count.
Count 34 All the accused, between the 7th December, 1941, and the 2nd September, 1945, waged a war of aggressiou and a war in violation of international law, treaties, agreements, and assurances, against the Kingdom of Thailand.
The same Particulars and Treaty Articles as in Count 24, relate to this Count.
Count 35 The same accused as in Count 25, during the summer of 1938, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances, against the Union of Soviet Socialist Repdblics.
The same Particulars, Treaty Articles and Assurances as in Count 17, relate to this Count.
Count 36 The same accused as in Count 26, during the summer of 1939, waged a war of aggression and a war in violation of international law, treaties, agreements and assurances against the Mongolian People's Republic and the Union of Soviet Socialist Republics.
The same Particulars, Treaty Articles and Assurances as in Count 17, relate to this Count.
Notes:1. Certain changes in style have been made in this printing of the Indictment and its appendixes by agreement between the Tribunal, the International Prosecution Section, and the Defense Panel. [Back]
Source: Trial of Japanese War Criminals, United States Department of State, Pub. No. 2613, Far Eastern Series No. 12, 1946, pp. 45-55
Editorial Note: This is a true copy of an extract (pp. 45-55 ) of "Trial of Japanese War Criminals", as referenced above. This document is reproduced in Benjamin B. Ferencz's work "Defining International Aggression - The Search for World Peace", Vol. 1, as Document No. 23 (b).
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