AtoM
David Conde fonds
International Military Tribunal for the Far East
Administrative, biographical and background records
Conde, David W.
Summary of indictment Indictment US Army news release re : indictments
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THE INJICTMEiET fhe Charter divides the crimes tvcr which the Tribunal is given jurisdic- tion int© three categories: (a) "Crimes Against Peace", ("b) "Conventional War Crimes" and, (c) "Crimes against Humanity". While this division is followed in the Tndictment, it will be contended that the basic justification for all of them is the same. It is that "breaches of International Law, whether established "by custom or treaty, are crimes for which the personal responsibility lies not only upon the humbler individuals who actually commit specific breaches of the laws of war. Th>t has alwayr. been recognized, but on the same legal principle it lies also upon those in higher positions who by their decisions bring about breaches of International Lav/ and Treaties. The tin.e has come to put' into action this principle which has been boldly asserted and firmly established, iSEse indict- ment involves no new law0 The charges are divided into three ^Groups. In each case the charges are laid under the Charter of the Tribunal, which is a restatement of international law, and in the case of Group Two, also under the domestic laws of the countries concerned including Japan, Group @ne: The charges are laid both under Article 5 C?) pnd 5 (k) of the Charter. A n the Counts allege wars both of aggression and in violation of Inter- national Law, treaties, agreements and assurances, On the facts nf this case it will be contended that the distinction is immaterial. The first five Cntoits charge conspiracies to wage -such wars; the first crmorehensrvely covering the whole plan as one conspiracy, the remaining four dealing separat. ly with various phases of it as it is alleged to have developed. ^Counts 6 to 17 inclusive charge the D 'fendants with the crime of planning and preparing such war separately against each Nation, Counts IS to 26 inclusive charge the crime of initiating such wars separately against certain parties. Counts 27 to inclusive charge the crime of waging such wars separately against certain parties. fl-roux Two: The charges rf murder are laid under all the paragraphs of Article 5 of the Charter. It will be contended that the intentional killing of a. human being without lawful justification is murder by the law -f every civilised country including Japan, by whose law even the intention is unnecessary. Lawful belig- gerency, i. e,, fighting a war of defense according to the laws f w*r, is such a justification, but Counts 37 and J>Z allege that the belligerency of Japan was unlawful because it was in breach of treaties ard aggressive in nature; in Count 37 * owing to the absence of » declaration of war, and in Count 3&t ¥ reason of breaches of treaties forbidding such agression. Counts ^ irclusive aptly these contentions to specific instances ^f murder, in the various surprise attacks made on lecember 7th-2th, 19U1, C^unt UU charges a. conspiracy to procure or permit wholesale murder of pris- oners of V r V and civilians on land and sea. Counts U5 to ^C inclusive are specific charges of murder in some of the most notorious of such cases, the "Sa-oe of Nanking" and other cities in China. Counts 51 and 52 contain similar I - 2 - chargrs with regard to attacks on territories of thr* U.S.S.T?. Examples of such wholesale murders during the wars which "began in December 1941, are too numerous to "be made the subject of separate Counts. It may seem strange to include charges of murder in an Indictment "before an International Tribunal. But it is high time, and indeed wa,s so "before this war "began, that the promoters of aggressive, ruthless war, and treaty-"breakers should "be stripped of the glamour of national heroes, and exposed as what they really are—plain, ordinary murderers. Group Three: The charges a.re laid under paragraphs (b) and (c) of Article 5 of the Charter, and it will "be contended that paragraph ("b) is adequate to cover them all. They allege conspiracy to commit and the actual commission of large numbers of "breaches of the laws and customs of war, contained in or proved "by the practice of civilized na.tions and the various Conventions govern- ing the conduct of hostilities, the treatment of prisoners of war, and of persons and property in occupied territories. It appears that those who framed the Conventions never contemplated the possibility of such outrages as are alleged against Japan in the conduct of her wars from 1931 to 1S45, and dealt with under the charge of murder in Counts 44 to 52 inclusive. So far as they are referred to in this Group they ha.ve to be dealt with under such mild phrases as appear in the Conventions, e. g., "inhumane treatment", "failure to respect individual life", etc. The Defendants named in these Counts are alleged to be responsible for all these atrocities both because they initiated the policies which led to them, sometimes directly ordered their commission, and in all cases recklessly neglected the duty which lay upon them to take adequate steps to nrevent them, in spite of numerous warnings. In the Particulars of Breaches under this Group in Appendix I), it is alleged that Japan habitually violated almost every Article of the Conventions, and every known la.w of war. There are five appendices Appendix A gives. under ten subject-heads, an outline of the story which will be related to the Tribunal with regard mainly to the charges in Group One. Appendix B gives the text of the principal Articles of Treaties which it is alleged that Japan violated in the course of wars which she planned, prepared, initiated and waged between 1931 and 1945. Appendix C gives a list of Assurances similarly alleged to have been broken. Appendix D gives an outline of the main laws of war, Conventions and assurances alleged to have been violated by Japan in the charges in Group Thre^, as well as the Particulars of Breaches above mentioned. Appendix E gives as against each individual Defendant particulars of the principal grounds on which he is included in the Indictment, "ba.sed mainly on the positions which he held and the activities with which he was connected during the period, especially during 194. It should be clearly understood that the omission of any name from the Indictment in no sense implies that the individual is exonerated from compli- city in the charges, or may not be charged herea,fter, "̂ or convenience and clarity in presenting the case it was found necessary to limit the numbers in this trial. Many of the principals are already dea.d. One, General TVR* UCHI, has been omitted solely on the ground that his mental and physical condition makes it impossible to try him. But the Indictment includes the survivors of those who, on the evidence at present available, appear to have the major responsibility for most of the phases and activities which contributed to the crimes alleged against Japan. C O R R E C T I O N The following Count 52 is substituted for Count 52 as it appears on nage 12 of the indictment: The defendants ARAKI, DOHIHARA, HATA, HIRANUMA, HIROTA, HOSHINO, ITAGAKI, KIDO, MATSUOKA, MATSUI, SHIGEMITSU, SUZUKI and TOJO, by » ordering, causing and permitting the armed forces of Japan to attack the territory, of the Union of Soviet Socialist Republics, with which nation Japan was then at peace (in the region of Lake Khasan in the month of July and August 1938), unlawfully killed and murdered certain members of the armed forces of the Union of Soviet Socialist Republics, whose names and number are at present unknown. -0- i INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST, No.l. 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 FRAN3E, THE KINGDOM OF THE NETHERLANDS, NEW ZEALAND, INDIA, AND THE COMMONWEALTH OF THE PHILIPPINES. jy-iAKI, Sadaoj DOHIHARA, Kenji; HASHIMOTO, Kingoro; HAT A, Shunroku; HIRAMUMA, Kiichiro; glROTA, Kbki; HOSETNO, Naoklj ITAGAKE, Saishiro; KAYA^ Okinori; KIDO. Koichi; E3MURA, Heitaro; KPISO, KUniaki; jtSlgJI. Iwane; MATSQQK^, Yosuke; MESAMI, Jiro; MUTO, Akira; NAGANO, Osami; OKA, Takasumi; , 0KA.7A., Shumei; OSEOMA, Hiroshi; b&TO., Kenryo; SHIGEMITSU, Mamoruj gEMApyshigetaroj SHIRATORI, Toshio; SUZUKI, Toiichi; TOGO, Shigenori; ̂ OJO, Hideki; UMEZU, Yoshijiro. 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 the interests of the Japanese people themselves. The mind of the Japanese people was systematically poisoned with harm- ful ideas of the alleged racial superiority of Japan over other peoples of Asia and even of the whole world^Such parliamentary institutions as existed in Japan were used as ju^lements 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 for war aims, to the detriment of the welfare of the Japanese people. A conspiracy between the defendants, joined in by the rulers of oth«r aggressive countries, namely, Nazi Germany and Fascist Italy, was entere into. The main objects of this conspiracy was to secure the domination 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 defendants, taking advantage of their power and their official positions and their own Eonal prestige and influence, intended to and did plan, prepare, initiate, age aggressive war against the United States of America, the Republic of a, the United Kingdcm of Great Britain and Northern Ireland, the Unio ctf 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; such plan 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 / f 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; exploit to Japan's benefit the manpower and economic resources of the vanquished nations, plundering public and private property, wantonly destroying cities, towns and villages beyond any justification of military necessity; perpetrate mass murder, rape, pillage, brigandage, torture, and other barbaric cruelties upon the helpless civilian population of the over-run countries; increase the AGAINST Defendants. INDICTMENT influence and control of the military and naval groups over Japanese government officials and agencies; psychologically prepare Japanese public opinion for aggressive warfare by establishing so-called Assistance Societies, teaching nationalistic policies of expansion, disseminating war propaganda, and exercising strict control over the press and radio; set up "puppet* governments in conquered countries; conclude military alliances with Germany and Italy to enhance by military might Japan's progranne 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 7 rp Instrument of Surrender of the 2nd September, 1945* and the Chartea/of the Tribunal, 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 comnit those Crimes, all as defined in the Charter of the Tribunal, and accordingly name as Defendants in this cause and as indicted on the Counts hereinafter set out in which their names respectively appear, all the above-named individuals, GROUP QNE> CRIMES AGAINST PKACS. The following counts charge Crimes against-Peace, being acts for which it is charged that the persons named and each of them are individually responsible in/accordance with Article 5 and particularly Article 5(a) and (b) of the Charter of the International Military Tribunal for the Par East, and in accordance with International Law, or either of them. COUNT 1. All the Defendants together with divers other persons, between the 1st January, I928, 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 themselves or by any person in execution of such plan. tjjbf si The objec p 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 and islands therein and bordering thereon and for that purpose 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, treatiest 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. /CW*" COUNT 2. All the Defendants together with divers other persons, between the 1st January, 1928, and the 2nd September, 1945* participated as leaders, organ- isers, instigators, or accomplices in the formulation or execution of a common plan or conspiracy and are responsible for all acts performed by themselves or 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 directl^/or by establishing a separate state under the control of Japan, and'for that purpose 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. -2. COUNT 3 All the Defendants together with divers other persons, between the 1st January, 1928, and the 2nd September, 1945« participated &a/ leaders, organisers, instigators, or acccn^lices in the fonaxlation or execution of a common plan or conspiracy, and are responsible for all acts performed by themselves or 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 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+ A All the Defendants together with divers 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 themselves or 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 dooinatioiVbf East Asia and of the Pacific and Indian Oceans, and of all countries and islands therein or bordering thereon, and for that purpose 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 Northern Ireland, the Commonwealth of Australia, Canada y New Zealand, South Africa, India, Burma, the Malay States, and all other parts of the British Eiapire not separately represented in the League of Nations), the Republic of Prance, the Kingdom of the Netherlands, the Republic of China, the Republic of Portugal, the Kingdom of Thailand, 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, and of the Treaty Articles in Appendix B and of the Assurances in Appendix C, relate to this Count. COUNT 5. All the Defendants together^.th divers 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 themselves or 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 o\m sphere, the sphere of Japan covering East Asia, the Pacific and Indian Oceans and all countries and̂ rslands therein or bordering thereon, and for that purpose 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 Anerica, 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, the Commonwealth of the Philippines, and the Union of Soviet Socialist Republics, The whole of the Particulars in Appendix kJand of the Treaty Articles in Appendix B, and of the Assurances in/Appendix C, relate to this Count, COUNT 6. All the Defendants 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 Defendants between the 1st January, I928 and the 2nd September, 1945* planned and/prepared a war of aggression and a war in violation of internatiorad. law, treaties, agreements and assurances, against the United States of America, The following Sections of the Particulars in Appendix A, Nos, 3» 4» 5» 7, 9 and 10; the following Treaty Articles in Appendix B, Nos. I 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 Defendants between the 1st January, 1928 and the 2nd September, 1945» planned and prepared a war of aggression and a war yWolajtion 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, y The following Sections of the Particulars in Appendix A, Nos. 3t 4. 5t\6» 9 and 10} and the following Treaty Articles/in Appendix B, Nos, 1, 2, St 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 Defendants between the 13^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, 2 0 The same Sections of the Particulars in Appendix A, and the same Treaty Articles and Assurances as in Count 8, relate to tbis Count. 1 COUNT 10. All the Defendants betueen the 1st January, 1923 and the 2nd -4- 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 AppendixyA, and the same Treaty Articles and Assurances as in Count 8, relate 10 this Count. COUNT 11. All the Defendants between the 1st January, 1928 and the 2nd September, 1945t 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. ') ) V - ' ' ' COUNT 12. All the Defendants between the 1st January, 1928 and the 2nd September, 1945t /planned and prepared a war of aggression and a war in violation of international law, treaties, agreements and assurances, against India. 7 I / — / y - 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 Defendants,between the 1st January, 1928 and the 2nd September, 1945t 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 sa^s/ Treaty Articles and Assurances as in Count 7» relate to this Count. ~ COUNT 14. All the Defendants between the 1st January, I928 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, 4t 5t 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 Apper/aix C, Nos. 10 to 15 inclusive, relate to this Count. COUNT 15. All the Defendants between the 1st January, 1928 and the 2nd, September, 19451 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» 5t 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 Defendants between the 1st January, 1928 and the 2nd -5- 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, 3t 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, relata/to this Count. COUNT 17. All the Defendants between the 1st January, 1923 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, and 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 Defendants ARAKI, DOHIHARA, HASHIMOTO, HIRANUMA, ITAGAKI, K0I30, immn., 0KA7A ySHIGMITSa, 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 Defendants ARAKI, DOHIHARA, HASHIMOTO, HATA, HIRANUI.IA, HIROTA, H0SHIN0, ITAGAKI, KAYA, KIDO, MATSUI, MLJTO, SUZUKI, TOJO and UMEZU, on . or about the 7th JulvT 19T7- initiated a tray of and a war/in "violation of international law, treaties, agreements and assurances," against the Republic of China. / } * Section 2 of the Particulars in Appendix A; the sane Treaty Articles as in Count 18 and the following Assurances in Appendix C, Nos. 3» 4 and 5, relate to this Count. COUNT 20. zr , T* The Defendants DOHIHARA, HIRANUMA, HIROTA, HOSEttNO, KAYA, KIDO, KCMURA, MUTO, NAGANO, OKA, OSHT.IA, SATO, SHBIADA, 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 30n^nclusive, 33» 34 and 37; and the whole of the Assurances in AppendiifC, relate to this Count. COUNT 21. The same Defendants 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 Comaonwealth of the Philippines. The same Particulars, Treaty Articles and Assurances as in Count 20, relate to this Count. -6. COUNT 22. ^The same Defendants 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 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 Defendants ARAKI, DOHIHARA, HIRANUMA, HIROTA, H0SHIN0, ITAGAKI, KIDO, MATSUOKA, MUTO, NAGANO, SHIGEMTTSU and TO JO, on or about the 22nd September, 1940, initiated 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 24, The same Defendants 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, 3&» 37 and 38, relate to this Count, / / ' COUNT 25, , I / The Defendants ARAKI, DOHIHARAVHATA, HIRANUMA, HIROTA, H0SKN0, ITAGAKI, KIDO, MATSUOKA, MATSUI, SEEGMITSU, 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 Defendants ARAKI, DOHIHARA, HAT A, HIRANUMA, ITAGAKI, EDO, K0IS0, MATSUI, MATSUOKA, MUTO, SUZUKI, TOGO, TO JO and UMEZU, during the sunnier 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. -v All the Defendants between the 18th September, I93I 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. if̂ hid All the Defendants 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 Defendants 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 }Vmd the same Treaty Articles and Assurances as in Count 20 relate to this vount. COUNT 30. All the Defendants between the 7th December, 194l» 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 Defendants between the 7th December, 1941 and the 2nd September, 19451 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. C00NT 32. All the Defendants 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 as in Count 14* relate to this Count. COUNT 33. The Defendants ARAKI, DOfflHARA, HIRANUMA, HIlfoTA, H0SHIN0, ITAGAKE, KIDO, MATSUOKA, MTJTO, NAGANO, SHIGEMTSU and TO JOj on and after the 22nd September, 1940, waged a war of aggression and aXrar in violation of international law, treaties, agreements and assurances, against the Republic of Prance. The same Particulars, Treaty Articles and Assurances as in Count 15 relate to this Count. CCPNT 34. All the Defendants betureen 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 -8- Kingdom of Thailand. The same Particulars and Treaty Articles as in Count 24, relate to this Count. CCCNT 35. The same Defendants as in Count J 25, during the susmer of 1938, waged a war of aggression ami a war ih violation of international law, treaties, agreements and assurances against the Union of Soviet Socialist Republics. The sams Particulars, Treaty Articles and Assurances as in Count 17, relate to this Count. COUNT 36. The same Defendants as in Count 26,during the sunnier 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. Jlhe same Particulars, Treaty Articles and Assurances as in Count 17, relate/to this Count. GROOP TTO: M3BDER. The following Counts charge the crimes of murder, and conspiracy to murder, being acts for which it is charged that the persons named and each of them are individually responsible, being at the same time Crimes against Peace, Conventional War Crimes, and Crimes against Humanity, contrary to all the paragraphs of Article 5 of the said Charter, to International Law, and to the domestic laws of all the countries where committed, including Japan, or to one or more of them. COUNT 37. The Defendants DOHIEARA, HIRANOMA, HTROTA, HOSEHNO, KAYA, KEDO, EMDRA, MOTO, NAGANO, OKA/ 0SH3MA, SATO, SHIMADA, SUZUKI, TOGO and TO JO, together with divers other persons between the 1st June, 1940» and the 3th December, 1941* 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 themselves or by any person in execution of such plan. The object of such plan or conspiracy was unlawfully to kill and murder the persons described below, by initiating unlawful hostilities against the United States of America, the Connonwealth of the Philippines, they®ritish Commonwealth of Nations, the Kingdom of the Netherlands and the Kingdom of Thailand, and unlawfully ordering, causing and permitting the armed forces of Japan to attack the territory, ships and airplanes of the said nations or some of them at times when Japan would be at peace with the said nations. The persons intended to be killed and murdered were all such persons, both members of the craned forces of the said nations and civilians, as might happen to be in the places at the times of such attacks. The said hostilities and attacks were unlawful/because they were breaches of Treaty Article 5 in Appendix B, and th^hccused and the said armed forces of Japan could not therefore, acquire 4he rights of lawful belligerents. The accused and each of them intended that such hostilities should be initiated in breach of such Treaty Article, or were reckless whether such Treaty Article would be violated or not. -9. COUNT 53. ®xe Defendants DOHIHARA, HIRANUMA, HIROTA, H03EHN0, KAYA, KIDO, KB/ERA, MATSUQKA, MDTO, NAGANO, OKA, OSKEMA, SATO, SHBIADA, SCJZOKI, TOGO and TOJO, together with divers other persons between the 1st June, 1940 and the 8th December, 1941* participated as leaders, organisers, V instigators, or accomplices in the formulation or execution of a cartoony plan or conspiracy, and are responsible for all acts performed by themselves or by any person in execution of such plan. The object of such plan or conspiracy was unlawfully to kill and mirder the persons described below, by initiating unlawful hostilities against the United States of America, the Commonwealth of the Philippines, the British Commonwealth of Nations, the Kingdom of the Netherlands and the Kingdom of Thailand, and unlawfully ordering, causing and permitting the armed forces of Japan to attack the territory, ships and airplanes of the said nations or seme of them. The persons intended to be killegjsnd murdered were all such persons, both members of the armed forces of ̂ fi^said nations and civilians, as might happen to be in the places at the times of such attacks. The said hostilities and attacks were unlawful because they were breaches of Treaty Articles 6, 7, 19, 33, 34» and 36 in Appendix B and the accused and the said armed forces of Japan could not therefore, acquire the rights of lawful belligerents. The accused and each of them intended that such hostilities should, be initiated,, in breach of such Treaty Articles, or were reckless whether such Treaty/Articles or any of them would be violated or not. COUNT 39. The same Defendants as in Count 38, under the circumstances alleged in Counts 37 and 38, by ordering, causing and permitting the armed forces of Japan to attack the territory, ships and airplanes of the United States of America, with which nation Japan was then at peace, at Pearl Harbour, Territory of Hawaii, on the 7th December, 1941» at about 0755 hours (Pearl Harbour time),unlawfully killed and murdered Admiral KLdd and about 4*000 other members of the naval and military forces of the United States of America and/certain civilians whose names and number are at present unknown. COUNT 40. The same Defendants as in Count 38, under the circumstances alleged in Counts 37 and 38, by ordering, causing and permitting the armed forces of Japan to attack7 the territory and airplanes of the British Commonwealth of Nations, with which nations Japan was then at peace, at Kota Banru, Kelantan, on the 8th December, 1941* at about 0025 hours (Singapore time), unlawfully killed and murdered certain members of the armed forces of the British Commonwealth of Nations whose names and number are at present unknown. COUNT 41. _ J t The same Defendants as in Count 38, under the circumstances alleged in CouSEb 37 and 38, by ordering, causing and permitting the anaed forces of Japan to attack the territory, ships and airplanes of the British Commonwealth of Nations, with which nations Japan was than at peace, at Hong Kong, on the 8th December, 1941. at about 0800 hours (Hong Kong time), unlawfully killed and murdered certain members of the armed forces of the British Commonwealth of Nations, whose names and number are at present unknown. -10- COUNT 53. It© same Defendants as in Count 38, under the circumstances alleged in Counts 37 and 38, by ordering, causing and permitting the armed forces of Japan to attack H.M.S. PETREL, a ship of the British Commonwealth of Nations, with which nations Japan was then at peace, at ghoTighai on the 8th December, 1941, at about 0300 hours (Shanghai time), unlawfully killed and murdered three members of the naval forces of the British Commonwealth of Nations, whose names are at present unknown* COUNT 43. The same Defendants as in Count 38, under the circumstances alleged in Counts 37 and 38, by ordering , causing and permitting the aimed forces|of Japan to attack the territory of the Commonwealth of the Philippines, with which nation Japan was then at peace, at Davao, on the 8th December, 1941$ at about 1000 hours (Manila time) unlawfully killed «r>fl murdered certain members of the armed forces of the United States of America and of the aimed forces and civilians of the Commonwealth of the Philippines, whose names and number are at present unknown, COUNT 44. aji the Defendants together with divers other persons between the 18th September, 1931 and the 2nd September, 1945, participated as leaders, organisers, instigators or accomplices in the formulation or execution of a common plan oyjsonspiracy« and are responsible for all acts performed by themselves or by any person in execution of such plan. The object of such plan or conspiracy was to procure and permit the murder on a wholesale scale of prisoners of war, members of the aimed forces of countries opposed to Japan who might lay down their aims, and civilians, who might be in the power of Japan, on land or sea, in territories occupied by Japan, and crews of ships destroyedVby Japanese forces, in ruthless pursuit of victory in the unlawful wars in which Japan was, or would, during the(said period be engaged. COUNT 45. The Defendants ARAKI, HASHIMOTO, HATA, HIRANUMA, HIROTA, ITAGAKI, KAY A, KIDO, MATSUI, MUTO, SUZUKI and UMEZU, on the 12th Decsmber, 1937» and succeeding days, by unlawfully ordering, causing and permitting the aimed forces of Japan to attack the City of Nanking in breach of the Treaty Articles mentioned in Count 2 hereof and to slaughter the inhabitants contrary to international law, unlawfully killed and murdered many thousands of civilians and disarmed soldiers of the Republic of China, whose names and number are at present unknown. COUNT 46. The same Defendants as in Count 451 on the 21st October, 1938 and succeeding days, by unlawfully ordering, causing and permitting the armed forces of Japan to attack the City of Canton in breach of the Treaty Articles mentioned in Count 2 hereof and to slaughter the inhabitants contrary to international law, unlawfully killed and murdered large numbers of civilians and disarmed soldiers of the Republic of China, whose names and number are at present unknown. COUNT 47. The same Defendants as in Count 45» prior to the 27th October, 1938, and on succeeding days, by unlawfully ordering, causing and permitting the armed forces of Japan to attack the City of Hankow in breach of the Treaty Articles mentioned in Count 2 hereof and to slaughter the - 1 1 - inhabitants contrary to international law, unlawfully killed and murdered large numbers of civilians and disarmed soldiers of the Republic of China, whose names and number are at present unknown* COUNT 48. The Defendants H>TA, KIDO, KDISO, SATO, SHIGBfllTSU, TOJO and UMEZU, prior to the 18th June, 1944* and on succeeding days, by unlawfully ordering, causing and permitting the armed forces of Japan to attack the City of Changsha in breach of the Treaty Articles mentioned in Count 2 hereof and|to slaughter the inhabitants contrary to international law, unlawfully killed and murdered many thousands of civilians and disarmed soldiers of the Republic of China, whose names and number are at present unknown. COUNT 49. Hie flaxy* Defendants as in Count 4$* prior to the 8th August, 1944* and on succeeding days, by unlawfully ordering,, causing and permitting the armed forces of Japan to attack the City ofHengyang in the Province of H»n<m in breach of the Treaty Articles mentioned in Count 2 hereof and to slaughter the inhabitants contrary to international law, unlawfully killed and murdered large numbers of civilians and disarmed soldiers of the Republic of China whose names and number are at present unknown. COUNT 50. The same Defendants as in Count 48* prior to the 10th November, 1944* and on succeeding days by unlawfully ordering, causing and permitting the aimed forces of Japan to attack the Cities of Kweilin and Liuchow in the Province of Ewangei in breach of the Treaty Articles mentioned in Count 2 hereof and to slaughter the inhabitants contraiy to international law, unlawfully killed and murdered large numbers of civilians and disarmed soldiers o£ thaJSepublic of China, whose names and number are at present $ unknown. "" 1 1 ̂ ~ COUNT 51. The Defendants ARAKI, DOHIHARA, HATA, HIRANUMA, ITAGAKI, KIDO, K0IS0, MATSUI, MATSUOKA, MUTO, SUZUKI, TOGO, TOJO and UMEZU, by ordering, causing and permitting the armed forces of Japan to attack the territories of Mongolia and the Union of Soviet Socialist Republics, with which nations Japan was then at peace, in the region of the Khalkhin-Gol River in the sunmer of 1939• unlawfully killed and murdered certain members of the armed forces of Mongolia and the Union of Soviet Socialist Republics, whose names and number are at present unknown. COUNT 52. The Defendants ARAKI, DOHIHARA, HATA, HIRANUMA, HIROTA, H0SHIN0, '' ITAGAKI, KIDO, MATSUOKA, MATSUI, SHIGailTSU, SUZUKI and TOJO, by ordering, causing and permitting the armed force of Japan to attack the territory of the Union of Soviet Socialist Republics, with which nation Japan was then at peace, unlawfully killed and murdered certain members of the armed forces of the Union of Soviet Socialist Republics, whose names and number are at present unknown. GROUP THREE: CONVBTTIQNAL WAR CRIMES AND GRTMBfi AGAINST HUMANI1Y. The following Counts charge conventional War Crimes and Crimes against Humanity, being acts for which it is charged that the persons named and\each of them are individually responsible, in accordance with Article 5 and particularly Article 5 (b) and (c) of the Charter of the International Military Tribunal for the Par East, and in accordance with International Law, or either of them -12. COUNT 53. The Defendants, DOHIHARA, HATA, HOSHINO, ITAGAKI, KAY A, KTDO, KBJURA, KOISO, MUTO, NAGANO, OKA, OSHIMA, SATO, SHKTPWTTSU, SHIMADA, SUZUKI, TOGO, TOJO and UMEZU, together with divers other persons, betweea the 7th December, 1941 and the 2nd September, 1945» participated as leaders, organisers, instigators, or accomplices in the formulation or execution of a ccannon plan or conspiracy, and are responsible for all acts performed by themselves or by any person in execution of such plan. The object of such plan or conspiracy was to order, authorise and permit the Commanders-in-Chief of the several Japanese naval and military forces in each of the several theatres of war in which Japan was then engaged, and the officials of the Japanese War Ministry, and the persons in charge of each of the camps and labour units for prisoners of war and civilian internees in territories of or occupied by Japan and the military and civil police of Japan, and their respectiig subordinates frequently and habitually to commit the breaches of the Laws and Customs of War, as contained in and proved by the Conventions, assurances and practices referred to in Appendix D, against the armed forces of the countries hereinafter named »rr> against many thousands of pr isoners of war and civilians then in the power of Japan belonging to the United States of America, the British Commonwealth of Nations, the Republic of France, the Kingdom of the Netherlands, the Commonwealth of the Philippines, the Republic of China, the Republic of Portugal and the Union of Soviet Socialist Republics» and that the Government of Japan should abstain from talcing adequate steps in accordance with the said Conventions and assurances and Laws and customs of War, in order to secure observance and prevent breaches thereof. In the case of the Republic of China, the said plan or conspiracy began on the 18th September, 1931, and the following Defendants participated therein in addition to those above-namedt ARAKI, HASHIMOTO, HIRANUMA, HIROTA, MATSUI, MATSUQKA, MTNAMT» COUNT 54. The Defendants DOHIHARA, HATA, HOSHINO, ITAGAKI, KAYA, KIDO.KBKJRA, KOISO, MUTO, NAGANO, OKA, OSHIMA, SATO, SEUGMITSU, SHIMADA, SUZUKI, TOGO, TO JO and UMEZU, between the 7th December, 1941 and the 2nd September, 1945» ordered, authorised and permitted the same persons as mentioned in Count 53 to commit /the offences therein mentioned and thereby violated the laws of War, In the case of the Republic of China the said orders, authorities and permissions were given in a period beginning on the 18th September, 1931» and the following Defendants were responsible for the same in addition to those named above 1 ARAKI, HASHIMOTO, HIRANUMA, HIROTA, MATSUI, MATSUOKA, MINAMI. COUNT 55. The Defendants DOHIHARA, HATA, HOSHINO, ITAGAKI, KAYA, KTDO, KIMURA, KOISO, MDTO, NAGANO, OKA, OSHIMA, SATO, SHIGEMITSU, SHIMADA, SUZUKI, TOGO, TO JO and UMEZU, between the 7th December, 1941 and the 2nd September, 1945, being by virtue of their respective offices responsible for securing the observance of the said Conventions and assurances and the Laws and Customs of War in respect of the armed forces in the countries hereinafter named and in respect of many thousands of prisoners of war aad civilians then in the power of Japan belonging to the United States of America, the British Commonwealth of Nations, the Republic of France, the Kingdom of the Nether- lands, the Commonwealth of the Philippines, the Republic of China, the Republic of Portugal and the Union of Soviet Socialist Republics, deliberately and recklessly disregarded their legal duty to take adequate steps to secure the observance and prevent breaches thereof, and thereby violated the laws of war. In the case of the Republic of China, the said offence began on the 18th September, 1931, and the following Defendants were responsible for the S u i ? ^ o S . ' S n ^ : na"ea ^ H A a n t t ) T 0- ™ ° t a . -13- Wherefore, this Indictment is lodged with the Tribunal, and the charges herein made against the above-named Defendants are hereby presented to the Tribunal. Joseph B. Kteenan Chief of Counsel, acting on behalf of the United States of America. HSiang Che-Chun Associate Counsel, acting on behalf of the Republic of China. A.S. Comyns Carr J Associate Counsel, acting on behalf of the United Kingdom of Great Britain and Northern Ireland. S.A. Golunsky Associate Counsel, acting on behalf of the Union of Soviet Socialist Republics. A.J. Agmsfield Associate Counsel, acting on behalf of the Ccnmonwealth of Australia. H.G. Nolan Associate Counsel, acting on behalf of Canada. Robert Oneto Associate Counsel, acting on behalf of the Republic of France. W.G.F. Boegerhoff Milder Associate Counsel, acting on behalf of the Kingdom of the Netherlands. R.H. Qjiilliam Associate Counsel, acting on behalf of New Zealand. p.p.Govinda Lfenon, A.S. Comyns Carr Associate Counsel, acting on behalf of India. Pedro Lopez Associate Counsel, acting on behalf of the Commonwealth of the Philippines. APPENDIX A. Summarized Particulars showing the principal tatters and Events upon which the prosecution will rely in support of the several Counts of the Indictment in Group One. MILITARY AGGRESSION IN MANCHURIA. From January 1st, I928, onwards there was a plot in the Japanese Amy and particularly in the Kwantung Army, supported by certain civilians, to create an incident in Manchuria, which should form a pretext for Japan to conquer, occupy and exploit that Country as the first step in a scheme of domination which later extended to other parts of China to the territory of the Union of[Soviet Socialist Republics, and ultimately to a wider field aiming to make Japan a dominant power in the World. The major events in the execution of it were : About 18th September, 1931; Following a long period of infiltration and consequent friction, Japanese troops blew up a portion of the South Manchurian Railway, falsely accused Chinese troops of doing so, attacked them, and thereafter progressively and rapidly carried out a Military occupation of the Chinese provinces of Liaoning, Kirin, Heilungkiang and Jehol (the north-eastern provinces.) About 3rd January, 1932: Japanese forces occupied Chinchow in spite of assurance given by their Foreign Office to the Unitech-Statgg 75ll~2ijTH November, I93I, that they would not do so. Beginning about 18th January, 1932, Japanese naval, and later military forces, attacked the Chinese in Shanghai. About 28th to 29th January, 1932* Japanese bombed Chapei at 12.15 a.m. About 1st Feb. 1932: Japanese warships shelled Nanking. During I932, Japan set up a separate puppet Governmsnt in the said Provinces and on 1 5 t h September, I932 , officially recognized it. The Japanese Government which came into power on 1 3 t h December, I93I• and all subsequent Japanese Governments adopted, supported and continued this aggression and its jgradual extension over other parts of China. Japan delivered no declaration of War against China, made no effort to settle the alleged dispute by pacific means, or by mediation or arbitration, rejected-on 5th February, 1932, an offer of mediation by the United States, Great Britain and France, refused to adopt the report and recommendations of the Iytton Commission appointed by the league of Nations of v/hich Japan and China were members, or the resolutions of the League, and on 27th Ilarch, I 9 3 3 , resigned from the League. On 18th April, 1934, Japan announced her absolute opposition to any foreign interference in China other than ~her own." On 1st March, 193^, Japan caused Henry Ri Yi to be installed as the nominal ruler of the so-called State of I&nchukuo. Nevertheless large Japanese armies continued down to the 2nd September, 1945* to be maintained in these territories, using them as a base for further aggression, and to control, together with Japanese civilian officials, the whole Government, industry and finance thereof. SECTION 1 SECTION 2. MILITARY AGGRESSION IN THE BEST OF CHINA. Japanese aggression against China entered a new phase on July '/th, 1937i when her army invaded China south of the Great Wall, and her government adopted, supported and continuedjthe aggression. All subsequent Japanese Governments did the samsT— ^bsequent major events in this phase were: About 19th to 25th September, 193Y, Japanese forces bombed banking and Canton, and deliberately killed large numbers of civilians. About 1 3 th December, 1937, Japanese forces captured Nanking, slaughtered many thousands of civilians and committed other outrages. During 1940, Japan set up a separate puppet Government in tnose parts of China (otner than the four nortn-eastern provinces above-mentioned) which she then occupied, claiming to be the "National Government of the Republic of China", and about 30tn November, 1940, officially recognized it. Again Jagarj/delivered no declaration of war on China, made no attempt to settle the alleged dispute by pacific means, or by mediation or arbitration, refused on 23th September, 1937, to participate in the Far Eastern Advisory Committee of the league of Nations, refused on 2?tn October and again on 12th November, 1937, to attend the Conference held at Brussels of the other signatories to the Nine-Power Treaty of 6th February, 1922, or to discuss its application, refused on.22nd September, 1938, to sit witn the league of Nations to iasdiate her dispute with China, and on 4th November, 1938, declared that the said Nine-Power^Treaty was obsolete. Japan continued her military aggression in China by capturing, among other cities, Hankow on the 27tn October, 1938; Changsha on the l8tn June, 1944} Hengyang on the 8th August, Kweilin on the lOtti November and Liuchow on the 11th November of the same year; and deliberately killed large numbers of civilians and committed other outrages in each of the cities afore-mentioned. SECTION 3. ECONOMIC AGGRESSION IN CHINA AND GREATER EAST ASIA. During the period covered by tnis Indictment, Ja^an established a general superiority of rights in favour of her own nationals, whicn effectively created monopolies in comaercial,.industrial and financial enterprises, first in ̂ %nchuria and later in other parts of China which came under her domination, and exploited those regions not only for the enrichment of Japan and those of her nationals participating in those enterprises, but as part of a scheme to weaken the resistance of China, to exclude other Nations and nationals, and to provide funds and munitions for further aggression. This plan, as was the intention of sane at least of its originators, botn on its economic and military side, gradually came to embrace similar designs on the remainder of East Asia ana Oceania. later it was officially expandedfinto the "Greater East Asia Co- Prosperity Scheme" (a title designed TO cover up a scheme for complete Japanese domination of tnose areas) and Japan declared that this was the ultimate purpose of the military campaign. The same organizations as are mentioned in Section 4 hereof were used for the above purposes. SECTION km METHODS OF CORRUPTION AND COERCION IN CHINA AND OTHER OCCUPIED TERRITORIES. During the whole period covered by this Indictment, successive ( u ) I f ' y V Japanese Governments, through their military and naval comnanders and civilian agents in China and other territories which they had occupied or designed to occupy, pursue de| ̂systematic policy of weakening the native inhabitants will to reSWx by atrocities and cruelties, by force and threats of force, by bribery and corruption, by intrigue amongst local politicians and generals, by directly and indirectly encouraging increased production and importation of opium and other narcotics and by promoting the sale and consumption of such drugs among such people. The Japanese Government secretly provided large sums of money, which, together with profits from the government-sponsored traffic in opium and other narcotics and other trading activities in such areas * were used by agents of the Japanese government for all the above-mentioned purposes. At the same time, the Japanese Government was actively participating-in the proceedings of the/ League of Nations Conmittee on Traffic in Opium and other Dangerous Brtigs and, despite her secret activities above-mentioned, professed to the world to be co-operating fully with other member nations in the enforcement of treaties governing traffic in opium and other narcotics to which she was a party. This participation in and sponsorship of illicit traffic in narcotics was effected through a number of Japanese governmental organizations such as the Manchurian Affairs Board, the China Affairs Board and the Southern feegion Affairs Board, which were combined in 1942 to form the Greater East Asia Ministry, and numerous subsidiary organizations and trading companies in the various occupied and so-called independent (puppet) countries which were operated or supervised by senior officers or civilian appointees of the Army and the Navy, Further, revenue from the above-mentioned traffic in opium and other narcotics was used to finance the preparation for and waging of the wars of aggression set forth in this Indictment and to establish and finance the puppet governments set up by the Japanese Government in the various occupied territories, SECTION 5. GENE PAL PHEPAPATION FOP. WAP. With a view to future wars of aggression, and in order to prevent other nations from interference in her war of aggression already in progress against China, Japan from 1st January, I932 , onwards strengthened her naval, military, productive and financial preparations for war. In particular, but without limiting the above allegations* (a) NAVAL * About 29th Decentoer, 1934, ah® denounced the Washington Naval Treaty after an unsuccessful attempt to persuade the other -Signatories to agree to a cannon upper limit of global naval tonnage for her own obvious advantage. About 23rd June, 1936, she|refused to adhere to the London Naval Treaty. On or about 12th lebruary, 1938, 3he refused to reveal her naval building plans on request by the United States, Britain and. France, At all times she secretly increased her naval strength. At all times and especially throughout 1941» she n^de secret naval plans for the surprise attacks which ultimately took place on December 7th-8th, 1941, on Pearl Harbour, Singapore, Ifcng Kong, Malaya and Shanghai, and for similar attacks on other places in the Pacific and Indian Oceans and on the territory of the Union of Soviet Socialist Republics. (b) MUTAfiY; Japan continually and progressively increased the size of mh§rjarny not only a3 required for her war of aggression against China, but to a larger extent for the purpose of other wars of aggression. On the 6th April, 1939, 3 h e passed a general Lbbilization Law and thereafter put it into effect. (c) NAVAL AMD MILITARY: Japan continually and progressively fortified the islands for which she held a mandate from the League of Nations. Treaty Articles violated: 15, 17, 18, 31* (c) PRODUCTIVE: Japan continually and progressively increased her capacity for the production of monitions of war both on her own territory and in territori^syoccupied or controlled by 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 partly through the Budget by taxation, partly by loans, and partly from the profits of the exploitations as described in Section 3 hereof, and particularly of the sale of narcotics as described in Section 4 hereof. SECTION 6. THE ORGANIZATION OF JAPANESE POLITICS AND PUBLIC OPINION FOR WAR. Two provisions incorporated by ordinance or custom in the Japanese constitution gave to the militarists the opportunity of gaining control over the Governments which theyipeized during the period covered by this Indictment. The first was that, not only had the Chiefs of Staff and other leaders of the Amy and Navy direct access at all times to the ̂ mperor, but they had the right to appoint and withdraw the War and Navy Ministers in any Government. Either of them could thus prevent a Government from being formed, or bring about its fall after it was formed. In May, 193&» this power was further increased by a regulation that the Army and Navy Ministers most be senior Officers on the active list. E.G., the fall of the Yonai Government on 21st July, 1940, and of the Third Konoye Government on the l6th October, I941, were in fact brought about by the Army| in each case they were succeeded by Governments more subservient to the wishes of the Arcy. The second was that, although the Diet had the right to reject a Budget, this did not give them control, because in that case the Budget of the preceding year remained in force, During this period such free parliamentary institutions as previously existed were gradually stamped, out and a system similar to the Fascist or Nazi model introduced. This took definite shape with the formation on 12th October, 1940, of the Imperial Rule Assistance Association, and later of the Imperial Rule Assistance Political Society. During this period a vigorous campaign of incitement to expansion (IT) Y ' was carried on, in the earlier part of the period by individual writers and speakers, but gradually this came to be organized by Government agencies, which also stamped out free speech and writing by opponents of this policy. A large number of Societies, some secret, was also formed both in the Army and Navy and among civilians, with similar objects. Opposition? to this policy was also crushed by assassinations of leading politicians who were not considered sufficiently friendly to it, and by fear and threats of such assassinations. The civil and especially the military police were also used to supress opposition to the war policy. The educational systems, civil, military and naval, were used to inculcate a spirit of totalitarianism, aggression, desire for war, cruelty and hatred of potential enemies. SECTION 7. COLLABORATION BETWEEN JAPAN. GERMANY AND ITALY. AGGRESSION AGAINST FRENCH INDO-CHINA AND THAILAND. Successive Japanese Governments from early in 1936 onwards, cultivated close relations with the totalitarian powers in Europe, Germany and Italy, which harboured similar designs in relation to the rest of the world to those of Japan in relation to East Asia and the Indian and Pacific Oceans-. On November 25th, 1936, they signed the Anti-Comintern Pact with a secret Protocol and a secret Military Treaty, directed ostensibly against the Union of Soviet Socialist Republics and Commnism, but actually designed also as a prelude to joint aggressive action in general Various countries under the domination of Axis Powers, including the puppet governments of "Manchukuo" and the Nanking Regime in China, were admitted to the Anti-Comintern Pact. Between the 1st January, I938 and the 23rd August, 1939, extensive negotiations were conducted between Japan, "Xrermany and Italy, for the establishment of an economic, political and military alliance. On 26th August, I939, Japan through her ambassador in Washington, assured the United States of America that she had decided to abandon any further negotiations with Germany and Italy relative to closer relations under the Anti-Comintern Pact. Negotiations between Japan and Germany for the establishment of en economic, political and military alliance were resumed in July, 1940. Between 13th August and 22nd September. .IqAq. after the Armistice in June, 1940, between Germany and the authority later to be known as the Vichy Government of France, subservient to Germany, and after the occupation by Germany of a large part of France, Japan induced and coerced the general government of French-Indo-China to enter into agreements with her for military and economic concessions in that country and especially the northern part thereof. On 22nd September, 1940, notwithstanding agreements signed on the same day, Japanese troops attacked French Indo-Chinese units and were met with strong resistance. On 27th September, 1940, Japan signed the Tripartite Pact with Germany and Italy. In the early part of 1941, Japan, taking advantage of a boundary dispute raised by Thailand against French Indo-China, purported to act as mediator or arbitrator therein, but actually brought about a settlement unduly favourable to Thailand with a view to obtaining her aid in or submission to future aggression, and at the same time made further demands for military and economic concessions in French Indo-China. tH, The said settlements were finally concluded on 6th-9th Fay, 19^1 ind Germany Commencing in the latter part of February, 1941, Japan an conducted negotiations on the subject of Joint Military Action against Singapore and the territory of other nations. On 1st July, 194l» Germany, Italy and all Governments subservient to them in other European countries, at the request of Japan, recognized the so-called "National Government of the Republic of China". On the 12th July, 1940, a Friendship Treaty was signed between Japan and Thailand. From May to July, 1941, Japan further induced and coerced the general Government of French Indo-China to allow Japanese troops to land, establish naval and air bases, and generally obtain control over Southern French Indo-China. The main purpose on this occasion was to provide"'*""™**" bases for aggression directly against the British Commonwealth of Nations and the Dutch East Indies, and indirectly against the United States of America, The said agreements were finally concluded on July 21st and 29th, 1941. on which date Japanese forces landed at Saigon, established naval and air bases and generally took control of French Indo-China. Throughout the above-mentioned dealings with French Indo-China, Japan used the help of Germany and Italy, by coercion upon the Vichy Government, as rwell as direct threats of illegal force, to attain her ends. By way of reaction to this aggression and threat of further aggression, the United States of America on July 25th, and Great Britain on July 26th, froze the assets of Japan and China under their control, and applied other economic pressure against Japan. On 25th November, 1941, Japan renewed the Anti-Comintem Pact, with secret clauses. • On or about the 1st December, 1941. Japan invoking the Tri-Partite Pact, requested Germany and Italy to declare War on the United States after the beginning of hostilities, and that a "No separate Peace Treaty" be entered into. On 5th Decenber, 1941, Japan assured the United States of America that troop movements in French Indo-China were precautionary measures. On December 7th-8th, 1941, Japan made surprise attacks on territories of the United States of America, the British Commonwealth of Nations, and Thailand, using in the two latter cases French Indo-China bases. On the 11th December, 1941, Japan, Germany and Italy signed a "No Separate Bsace Pact». On 18th January, 1942, a Military Convention between Japan, Germany and Italy was signed in Berlin. From 1936 to 1945 close military, naval, economic and diplomatic co-operation and exchange of information were maintained between the above three countries. At the request of Germany, Japan from the beginning of the war on December 7th-8th, 1941, adopted the German policy of ruthless submarine warfare and fEe "destruction of crews of ships sunk or captured. By the threatening attitude which Japan maintained from I939 to 1941 against the United States of America, the British Commonwealth of Nations, the Kingdom of the Netherlands and the Republic of France, and from 1939 to 1945 against the Union of Societ Socialist Republics, and by her increasing concentration of troops in regions convenient for attacks upon them, she directly assisted Germany and Italy in their wars against those nations, even while she remained nominally neutral. (vi) SECTION 8 AGGRESSION AGAINST THE SOVIET UNION* In the course of many years, Japan was continually preparing war and performing acts of aggression against the Soviet Union. Having failed in her attempts to capture the Soviet Par East in the period between 1918-1922, Japan did not abandon the idea of capturing the Soviet areas situated east of the Lake Baykal. Since 1928 the Japanese General Staff had been planning a war of aggression against the Union of Soviet Socialist Republics eager to take advantage of a chance to start this war. An important step in the preparation of a war of aggression against the Union of Soviet Socialist Republics was the occupation of Manchuria in 1931, which as well as Korea Was transformed into a military base for attacking the Union of Soviet Socialist Republics in a number of years. Railroads and highways were constructed in Manchuria after 1931 ot strategic importance and ran towards the frontier of the Union of Soviet Socialist Republics. The strength of the KwantungjArmy had been increased from two divisions in 1931 to fifteen in 1941« A great number of new airfields, fortified areas, dumps, barracks,. sea and river ports destined to serve in the war of aggression against the Union of Soviet Socialist Republics were built. In Manchuria the war industry developed at a fast rate. Areas adjacent to the Union of Soviet Socialist Republics frontier were being colonized by Japanese reservists with the purpose of strengthening the Kwantung Arrry at the moment of mobilization. Propaganda in the press, by radio, etc., directed against the Soviet Union, was carried on intensely. On Manchurian territory Japan organized and supported on a large scale elements from Russian emigrants hostile to the Soviet Union and prepared them for hostile acts against the Union of Soviet Socialist Republics. Japan systematically organized armed clashes on the frontier and organized acts of sabotage and terrorist acts on the Chinese Eastern Railroad. In 1932, Japan twice rejected the proposal of the Union of Soviet Socialist Republics to conclude a non-aggression pact. In 1938» Japan without declaring war, attacked the territory of the Soviet Union at the Lake Hassan. In 1939 Japan again, without declaration of war, attacked the territory of the Mongolian People's Republic, an ally of the Union of Soviet Socialist Republics at the Halkin-Gol River (Namanhan), and engaged the Mongolian People's Republic army and its allied Red Array. In both cases Japan pursued the aim of reconnoitring the strength of the Red Army by battle and capturing strategic positions for future war against the Union of Soviet Socialist Republics. Having been repulsed twice and having suffered heavy losses, Japan nevertheless did not stop the preparations for a surprise attack against the Union of Soviet Socialist Republics. While preparing for the war against the Soviet Union,|Japan, during several years, carried on negotiations with Hitlerite Germany and Fascist Italy on a joint aggression. The principal stages, in this plot of aggressors, were the conclusion of the so-called Anti-Comintern Pact in 1936 and the signing of the Tri-Partite Pact of Japan, Germany and Italy in 1940, the aim of which was joint aggressive action of these countries against democratic powers, among them the Union of Soviet Socialist Republics. In March 1 9 4 1 , while being in Berlin for the purpose ofjplotting (viD K ^ with Hitler about a joint aggression against democratic countries, the defendant Matsuoka was informed by the German government about preparations by the latter for war against the Union of Soviet Socialist Republics. As early as the beginning of July, following a conclusion of the pact of neutrality on behalf of Japan on 13 th April, 1941» after the treacherous attack of Germany against the Union of Soviet Socialist Republics, Matsuoka officially declared to the Soviet Ambassador in Tokyo that the principal basis of the Japanese foreign policy was the alliance with Germany and that in case Germany addressed Japan with a request for help, the pact of neutrality with the Union of Soviet Socialist Republics would not present an obstacle for Japan to wage war on the side of German; In accordance with this, the governing militarist clique in Japan in the whole course of the war between Germany and the Union of Soviet Socialist Republics was openly hostile towards the Soviet Union; maintained a selected army on the Soviet frontiers and was an organizer of a widespread propaganda against the Soviet Union. Japan actively helped Hitlerite Germany, providing her with information regarding the Union of Soviet Socialist Republics, organized pirate attacks on Soviet merchant shipping in the Far East by closing straits, establishing prohibited zones and special limited waterways. To render help to Germany, Japan, after Germany's attack against the Union of Soviet Socialist Republics in the sumner of 1941» doubled the strength of her aimy in Manchuria and later on brought the strength of this army to a million men which necessitated maintaining considerable forces in the Ear East by the Soviet Union instead of using them in the war against Germany. In the same summer of 1941» Japan worked out a new plan of a surprise attack against the Union of Soviet Socialist Republics and kept the Kwantung Army fully prepared for such an attack. She was prevented from it, not by the pact of neutrality, which as it may be seen frcm above, Japan disregarded, but by the successes of the forces of the Union of Soviet Socialist Republics in the war against Germany. JAPAN. THE UNITED STATES OF AMERICA. THE COMMONWEALTH OF THE PHILIPPINES AND THE BRITISH COMMONWEALTH OF NATIONS. The whole of the other Sections of this Appendix are relevant to this Section and are not repeated here. From 1931 until December, 1941* relations betvreen- Japan on the one hand and the United States of America and Great Britain on the other continuously deteriorated because of Japan1s aggression in East Asia and duplicity in international negotiations* The United States of America and Great Britain frequently protested that Japan's military operations were a violation of the provisions of the treaties mentioned in Count 2 hereof, and called the attention of both China and Japan to their obligations thereunder. They also declared that they would not recognize any situation in Manchuria or elsewhere brought about by violations thereof, Japan in unequivocal terms gave assurances that she had no territorial ambitions in China, that she would respect the open door policy in China, In spite of these assurances she set up a puppet regime in Manchukuo and proceeded to close the door to the United States of America and British trade. After the consolidation of the Manchurian position Japan continued her aggressive policy in East Asia in spite of assurances that she had no territorial ambitions south of the Great Wall, The United States and Great Britain endeavoured to convince Japan that her best interests lay in peace, but it was clear frcm .her actions SECTION 9. (viii) that she intended to resort to force to gain neighbouring countries and territories. During 1935, Japan increased her military and naval strength and undertook limited military activities to extend her domination over China. The United States of America and Great Britain continued to draw Japan's attention to her treaty obligations tout this had no effect on her military activities. In 1936, the United States of America endeavoured to get Japan to agree to the principle of equality in commercial and industrial spheres 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, bat qualified this by stating that the objectives could only be obtained by an understanding of the particular circumstances of the East. In 1937 Japan commenced further military aggression in China and soon thereafter the United States of America offered her good offices in the dispute and appealed to both parties to refrain from war. This Offer was 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 Qabassy 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 proclaimed her policy of a new order in East Asia and refused to give any unconditioned! assurance that the open door policy in China would be maintained. Thereafter many interferences by Japan and Japanese controlled territories with the rights of the United States of America and British nationals took place and in July, 1939* "the United States of America gave notice of termination of the 1911 commercial Treaty with Japan. In September, 1940, after Japan's military alliance with Germany and Italy, the United States of America was forced to place limitations on the export of iron, steel and raw materials to Japan. In March, 1941* conversations between the Japanese ambassador in Washington and the United States Secretary of State took place in an endeavour by the United States to settle -t&tstanding differences and to reach a peaceful settlement. While these were proceeding Japan continued at a feverish pace to prepare for war. At an Imperial Conference on 2nd July, the decision to advance southward, obviously directed against the United States of America, the Kingdom of the Nehterlands and the British Commonwealth, was reached. At a further Conference on 6th September, it was decided to open hostilities against the United States of America, Great Britain and .the Netherlands in case the requirements of Japan seemed unlikely to be realized by some time during the first part of October. On 1st December, a further Conference definitely decided on war. The decisions of the two last-mentioned Conferences were kept secret. On 7th-8th December, 1941* while negotiations were still proceeding, Japan made surprise attacks on territories of the United States of America at Pearl Harbour, of the Britisn Commonwealth of Nations at Singapore, Malaya, Hong Kong and Shanghai, of the Commonwealth [of the Philippines, and of Thailand. She delivered no declaration of^wjr, and to the British Conmonwealth of Nations or to the Commonwealth of the Philippines, no document of any kind. To the United States of America she delivered, after the attack, a document which did not and was not intended to amount to a declaration of weir. She entirely disregarded all the other Treaty obligations referred to in Counts 7 and 8 hereof. (ix) SECTION 10. JAPAN, THE KINGDOM OF THE NETHERLANDS AND THE REPUBLIC OF PORTUGAL. The Netherlands East Indies and the Portugese portion of the Island of Timor were within the area coveted by Japan and described by her as the "Greater East Asia Co-Prosperity Sphere". In addition to the general treaties binding Japan not to attack these areas, Treaty Articles Nos. 20 and 21, refer respectively to these nations in terms. Japan also had a treaty with the Netherlands regarding the East Indies which she denounced on the 12th June, 1940, in preparation for aggression against them. At that time the homeland of the Netherlands had been recently and treacherously over-run by Japan's ally, Germany, and the Dutch Government had been compelled to seek refuge in England. Thereafter Japan endeavoured to compel that Government to agree to a new treaty on terms unduly favourable to Japan, but they were unwilling to do so. The preparations of Japan for a general aggressive war in the Far East included an intention to invade the Netherlands East Indies. The occupation by Japan of French Indo-China, completed in July, 1941* and the attacks upon territories of the United States of America and the. British Commonwealth of Nations on the 7th-8th December, 1941» were all part of a plan which included an invasion of the Netherlands East Indies. This was specifically one of the decisions of the Japanese Imperial Conference of the 6th September, 1941- Consequently the Netherlands Government immediately after the last mentioned attacks, declared war on Japan in self-defence. On the 11th January, 1942, Japan invaded and thereafter rapidly occupied the Netherlands East Indies. On 19th February, 1942* Japan, without any pretence of right or of any quarrel with the Republic of Portugal, invaded Portugese Timori and occupied it for the purpose of carrying on her aggressive war against all the allied nations. (x) APPENDIX B. List of Articles of Treaties violated by Japan and incorporated in Groups One and Two, The Convention for the Pacific Settlement of International Disputes, signed at The Hague 29 July I899, The said Convention was signed and ratified by or on behalf of Japan and each of the Nations bringing the charges in this Indictment subject to certain reservations not here material, 1, Article I •With a view to obviating, as far as possible, recourse to force in the relations between States, the Signatory Powers agree to use their best efforts to ensure the pacific settlement of international differences", 2, Article II •In case of serious disagreement or conflict, before an appeal to arms, the Signatory Powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more ftriendly Powers". The Convention for the Pacific Settlement of International Disputes, signed at the Hague 18 October 1907. The said Convention was signed and ratified by or on behalf of Japan and each of the nations bringing the charges in this Indictment with the exception of the United Kingdom and the Union of Soviet Socialist Republics, subject to certain reservations not here material, 3, Article 1. "With a view to obviating as far as possible recourse to force in the relations between States, the Contracting Powers agree to use their best efforts to ensure the pacific settlement of international differences". 4. Article 2. •In case of serious disagreement or dispute, before an appeal1 to arms, the Contracting Powers agree to have recourse,as far as circumstances allow, to the good offices or mediation of one or more friendly Powers". The Hague Convention No. Ill Relative to the Opening of Hostilities, signed 18 October 1907* The said Convention was signed and ratified by or on behalf of Japan and each of the nations bringing the charge in this Indictment. 5. Article I •The Contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war". Agreement effected by exchange of notes between the United States and Japan, signed 30 November 1908, declaring their policy in the Far East. 6. "2. The Policy of both Governments, uninfluenced by any aggressive tendencies, is directed to the maintenance of the existing status quo in the region above-mentioned and to the defence of the principle of equal opportunity for conmerce and industry i] 7. 3* They are accordingly firmly resolved reciprocally to respect the territorial possessions belonging to each other in said region. 8. 4* They are also determined to preserve the conmon interest of all Powers in China by supporting by all pacific means at their disposal the independence and integrity of China and the principle of equal opportunity for conmerce and industry of all nations in that Empire. 9. 5• Should any event occur threatening the status quo as above described or the principle of equal opportunity as above defined, it remains for the two Governments to conminicate with each other in order to arrive at an understanding as to what measures they may consider it useful to take". The Convention and Final Protocol for the Suppression of the Abuse of Opium and other Drugs, signed at The Hague, 23 January 1912 and 9 July 1913. 10. The said Convention was signed and ratified by or on behalf of Japan and each of the nations bringing the charges in this Indictment. The Treaty of Peace between the Allied and Associated Powers and Germany, signed at Versailles, 28 June 1919. known as the Versailles Treaty. 11. Article 10 of the Covenant of the League of Nations. "The Ifembers of the League undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled". 12. Article 12 of the Covenant of the League of Nations. "The Ifembers of the League agree that if there should arise between them any dispute likely to lead to a rupture, they will submit the matter either to arbitration or to enquiry by the Council, and they agree in no case to resort to war until three months after the award by the arbitrators or the report by the Council". 13. Article 13 of the Covenant of the League of Nations. "The 1/fembers of the League agree that whenever any dispute shall arise between them which they recognize to be suitable for submission to arbitration and which cannot be satisfactorily settled by diplomacy, they will submit the whole subject matter to arbitration. Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made for any suejx breach, are declared to be among those which are generally suitable for submission to arbitration. For the consideration of any such dispute, the court of arbitration to which the case is referred shall be the court agreed on by the parties to the dispute or stipulated in any convention existingjbetween them. The lumbers of the League agree that they will carry out in full good faith any award that may be rendered, and that they will not resort to war against a Ifeufcer of the League which complies therewith. In the event of any failure to carry out such award, the Council shall propose what steps should be taken to give effect thereto." (ii) 14. Article 15 of the Covenant of the League of Nations. "If there should arise between Members of the league any dispute likely to lead to a rupture, whicn is not submitted to arbitration in accordance witn Article 13, the Lfembers of the League agree that they will submit the matter to the Council. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the Secretary-General, who will make all necessary arrangements for a full investigation and consideration tnereof. For this purpose the parties to the dispute will communicate to the Secretary-General, as promptly as possible, statements of their case, with all tne relevant facts and papers, and the Council may forthwith direct the publication thereof.; The Council shall endeavour to effect a settlement of the dispute, and if such efforts are successful, a statement shall be made public giving such facts and explanations regarding the dispute ana the terms of settlement thereof as the Council may deem appropriate. If the dispute is not tnus settled, the Council either unanimously or by a majority vote shall make and publish a report containing a statement of the facts of the dispute and the recommendations which are deemed just and proper in regard tnereto. Any j*bmber of the League represented on the Council may make public a statement of the facts of the dispute and of its conclusions regarding the same. If a report by the Council is unanimously agreed to by the memDers tnereof other than the Representatives of one or more of the parties to the dispute, the limbers of the League agree that they will not go to war with any party to the dispute which complies with the recommendations of the report. If the Council fails to reach a report which is unanimously agreed to by the members thereof, other than the Representatives of one or more of the parties to the dispute, the IVfembers of the League reserve to themselves the right to take such action as they shall consider necessary for the .maintenance of right and justice. If the dispute between the parties is^claimed by one of them, and is found by the Council to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, tne Council shall so report, and shall make no recommendation as to its settlement. The Council may in any case under tnis Article refer the dispute to the Assembly. The dispute shall be so referred at the request of either party to the dispute, provided that such a request be made within fourteen days after the submission of the dispute to the Council. In any case referred to the Assembly, all the provisions of this Article and of Article 12 relating to the action and powers of the Council shall apply to the action and powers of the Assembly, provided that a report made by the Assembly, if concurred in by the Representatives of those Lfembers of the league represented on the Council and of a majority of the other -̂ embers of the league, exclusive jn each case of Representatives of the parties to the dispute, shall have the same force as a report by the Council concurred in by all the members thereof other than the Representatives of one or more of the parties to the dispute." 15. Article 22 of the Covenant of the league of Nations. "Other peoples, especially those of Central Africa, are at such a stage that the Mandatory must be responsible for the administration of the territory under conditions which will guarantee freedom of conscience and (iii) religion, subject only to the maintenance of public order and morals, the prohibition of abuses such as the slave trade, the arms traffic and the liquor traffic, and the prevention of the establishment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defence of territory and will also secure equal opportunities for the trade and commerce of other lumbers of the League, There are territories, such as South-West Africa and certain of the South Pacific Islands, which, owing to the sparseness of their population, or their small size, or their remoteness from the centres of civilization, or their geographies^ contiguity to the territory of the Mandatory, and other circumstances, can be best administered under the laws of the Mandatory as Integral portions of its territory, subject to the safeguards above-irfentioned in the interests of the indigenous population", 16, Article 23 (c) of the Covenant of the League of Nations# "Subject to and in accordance with the provisions of international conventions existing or hereafter to be agreed upon, the Members of the League (c) will entrust the League with the general supervision over the execution of agreements with regard to the traffic in women and children, and the traffic in opium and other dangerous drugs. The Mandate from the League of Nations pursuant to the Versailles Treaty made at Geneva 17 December 1920J 17, Article •The Mandatory shall see that the slave trade is prohibited and that no forced labour is permitted, except for essentiel public works and services, and then only for adequate rennneration", 18, Article 4. "The military training of the natives otherwise than for purposes of internal police and the local defence of the territory shall be prohibited. Furthermore, no military or naval bases shall be established or fortificat- ions erected in the territory," Treaty between the British Commonwealth of Nations, France. Japan and the United States of America relating to their Insular possessions and Insular Dominions in the Pacific Ocean, 13 December. 1921, The said Treaty was signed and ratified by the Signatory Powers, 19, Article I. •The Eigh Contracting Parties agree as between themselves to respect their rights in relation to their insular possessions and insular dominions in the region of the Pacific Ocean, If there should develop between any of the High Contracting Parties a controversy arising out of any Pacific question and involving their said rights which is not satisfactorily settled by diplomacy and is likely to affect the harmonious accord now happily subsisting between them, they shall invite the other High Contracting Parties to a joint Conference to which the whole subject will be referred for consideration and adjustment". Identic Communication made to the Netherlands Government on 4 Fabruary 1922 on behalf of the British Commonwealth of Nations and also "mutatis mutandis" on behalf of Japan ana the other powers signatory to the Quadruple Pacific Treaty of 13 December 1921, states thatj- 20. The Netherlands not being signatory to the said Treaty, ana the Netherlands possessions in the region of the Pacific Ocean therefore not being included in the agreement referred to, His Britannic Majesty's Government, anxious to forestall any conclusion contrary to the spirit of the Treaty, desires to declare that it is firmly resolved to respect the rights of the " — * — - tion to her insular possessions Identic Communication made to the Portuguese Government on 6 February 1922 on behalf of the British Commonwealth of Nations and also "mutatis mutandis" on behalf of japan and the other Powers signatory to the Quadruple Pacific Treaty of 13 December 1921, states thatj- 21. The Portuguese not being signatory to the said Treaty and the Portuguese possessions in the region of the pacific Ocean therefore not being included in the agreement referred to, His Britannic N&jesty's Government, .anxious to forestall any conclusion contrary to the spirit of the Treaty, desires to declare that it is firmly resolved to respect the rights of Portugal in relation to her insular possessions in the region of the Pacific Ocean. The Treaty between the United States?'of America, the British Ccmmonwealtn of Nations, Belgium. China, France. Italy, Japan, the Netherlands and Portugal, concluded and signed at Washington, 6 February 1922, known as the Nine-Power Treaty. The said Treaty was signed and ratified by or on behalf of Japan and each of the nations bringing the charges in this Indictment with the exception of the Union of Soviet Socialist Republics. Article I "The Contracting Powers, other than China, agreei- 22. (1) To respect the sovereignty, tne independence, and the territorial administrative integrity of China; 23. (2) To provide the fullest and most unembarrassed opportunity to China to develop and maintain far herself an effective and stable Government} 24. (3) To use their influence for the purpose of effectually establishing and maintaining the principle of equal opportunity far the commerce ana industry of all nations throughout the territory of China; 25. (4) To refrain from taking advantage of conditions in China in order to seek special rights or privileges which would abridge the rights of subjects or citizens of friendly States, and from countenancing action inimical to the security of such States." Article II. 26. "The Contracting Powers agree not to enter into any treaty, agreement, arrangement, or understanding, "either with one another, or, individually or collectively, with any Power or Powers which would infringe or impair the principles stated in Article I." Article Hfr "With a view to applying more effectually the principles of the Open Door or equality of opportunity in China for the trade and industry of all in tne region of nations, the Contracting Powers, other than China, agree that they will not seek, nor support their respective nationals in seeking 27. (a) Any arrangement which might purport to establish in favour of % their interests any general superiority of rights wiih respect to commercial or economic development in any designated region of China; 28, (b) Any such monopoly or preference as would deprive the nationals of any other Power of the right of undertaking any legitimate trade or industry in China, or of participating with the Chinese Government, or with any local authority, in any category or public enterprise, or which by reason of its scope, duration, or geographical extent is calculated to frustrate the practical application of the principle of equal opportunity. It is understood that the foregoing stipulations of this Article are not to be so construed as to prohibit the acquisition of such properties or rights as may be necessary to the conduct of a particular commercial, industrial, or financial undertaking, or to the encouragement of invention and research. China undertakes to be guided by the principles stated in the foregoing stipulations of this Article in dealing with applications for economic rights and privileges from the Governments and nationals of all foreign countries, whether parties to the present jTreaty or not". Article 17 29. "The Contracting Powers agree not to support any agreements by their respective nationals with each other designed to create Spheres of Influence or to provide for the enjoyment of mutually exclusive opportunities in designated parts of Chinese territory". Article Yii. 30. "The Contracting Powers agree that, whenever a situation arises which in the opinion of any one of them involves the application of the stipulations of the present Treaty, and renders desirable discussion of such application, there shall be full and frank comnunication between the Contracting Powers concerned." Treaty between the United States and| Japan, signed at Washington 11 February 1922. The said Treaty was signed and ratified by the Signatory Powers, Article II. 3 1 . "The United States and its nationals shall receive all the benefits of the engagements of Japan defined in Articles 3,4 and 5 of the aforesaid Mandate, notwithstanding the fact that the United States is not a member of the League of Nations". The League of Nations Second Opium Conference Convention, signed at Geneva 19 February 1925. 3 2 . The said Convention was signed and ratified by or on behalf of Japan and each of the nations bringing l£e charges in this Indictment, with the exception of the Union of Soviet Socialist Republics, China, and the United States of America. Treaty between the President of the United States of .America, the President of the German Reich. His Majesty the Ring of the Belgians, the President of the French Republic. His Lfejesty the King of Great Britain. Ireland and the British Dominions beyond the Seas. Emperor of India. His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Republic of r~ Poland, and the President of the Czechoslovak Republic, consluded and signed at Paris 27 August 1928, knov»n as the Kellogg-Briand Pact and as the Pact of Paris. The said Treaty was signed and ratified by the Signatory Powers. Article I. 3 3 . "The High contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it as an instrument of national policy in their relations with one another". Article II 34. "The High Contracting Parties agree that the settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means". Declaration of Imperial Japanese government, 27 June 1929, concerning Article I of, the Xe Hogg -Br i and Pact of 27 August 1928. "The Imperial Government declare that the phraseology "in the names of their respective peoples" appearing in Article I of the Treaty for the Renunciation of War, signed at Paris on 27 August I928 , viewed in the light of the provisions of the Imperial Constitution, is understood to be inapplicable in so far as Japan is concerned". The Conventio^'relating to Narcotic Drugs, signed at Geneva 13 July 1931. 35. The said Convention was signed and ratified by or on behalf of Japan with a reservation as recorded in the protocol of signature and each of the nations bringing the charges in this Indictment, with the exception of the Union of Soviet Socialist Republics, China, the Commonwealth of Australia and New Zealand. Treaty betreen Thailand and Japan concerning the continuance- of friendly relations and the mutual respect of each other's territorial integrity, signed at Tokyo, 12 June 1940. The said Treaty was signed and ratified by the Signatory Fov/er3. 3 6 . "The High Contracting Parties shall mutually respect each other's territorial integrity and hereby reaffirm the constant peace and the perpetual friendship existing between them". Convention respecting the Rights and Duties of Neutral Powers and Persons. in V.'ar on Land. signed at The Hague 18 October 1907. 37. Article I. "The territory of neutral Powers is inviolable". 3 8 . Article II. "Belligerents are forbidden to move troops or convoys, whether of munitions of war or of supplies, across the territory of a neutral Power". Treaty of Portsmouth between Russia and Japan, signed 5 September 1905 which established: Article II (paragraph 3) 39« I* is also agreed that in order to avoid all cause of misunderstanding (vii) the two High Contracting Parties will abstain, on the Russo-Ebrean frontier, from taking any military measures which may menace the security of Russian or Korean territory. Article III (Farts 1 and 2). Japan and Russia mutually engagej 40. (1) To evacuate completely and simultaneously Manchuria except the territory affected by the lease of the Liaotung Peninsula, in conformity with the provisions of additional Article I, annexed to Treaty; and 41. (2) To restore entirely and completely to the exclusive administration of China all portions of Manchuria now in the occupation or under the control of the Japanese or Russian troops, with the exception of the territory above mentioned. Article IV. 42. Japan and Russia reciprocally engage not to obstruct any general measures common to all countries, which China may take for the development of the conmerce and industry of Manchuria. Article VII (paragraph 1). 43. Japan and Russia engage to exploit their respective railways in Manchuria exclusively for commercial anci industrial purposes and in no wise for strategic purposes. Article IX (paragraph 2). 44. Japan and Russia mutually agree not to construct in their respective possessions on the Island of Saghalien or the adjacent islands, any fortifications or other similar military works. They also respectively engage not to take any military measures which may impede the free navigation of the Straits of La Perouse and Tartary. The Convention on Embodying 3asic Rules of the Relations between Japan and the Union of Soviet Socialist Republics^siiyied 20 January 1925 in Peking. This Convention was signed and ratified by the Signatory Powers. Article V. 45• The High Contracting Parties solemnly affirm their desire and intention to live in peace and amity with each other, scrupulously to respect the undoubted right of a State to order its own life within its own jurisdiction in its own way, to refrain and restrain all persons in any governmental service for them, and all organizations in receipt of any financial assistance from them, from any act overt or covert liable in any way whatever to endanger the order and security in any part of the territories of Japan or the Union of Soviet Socialist Republics. It is further agreed that neither Contracting Party shall permit the presence in the territories under its jurisdiction — (a) of organizations or groups pretending to be the Government for any part of the territories of the other Party, or (b) of alien subjects or citizens who may be found to be actually carrying on political activities for such organizations or groups. The Neutrality Pact between the Union of Soviet Socialist Republics and Japan, signed 13 April 1941 in Moscow^ This pact was signed and ratified by the Signatory Powers, cL ( A c ) (viii) Article I 46. Both Contracting Parties engage to maintain peaceful and friendly relations between themselves and mutually respect the territorial integrity and inviolability of the other Contracting Party. Article II. 47* If one of the Contracting Parties becomes the object of military action on the part of one or several other Powers, the other Contracting Party will maintain neutrality during the whole period of the conflict. APPENDIX C. List of Official Assurances Violated by Japan and incorporated in Group One. 1. 25th September, 1931: That Japan had no territorial designs in Ifenchuria. 2. 25th November. 19311 That there was no truth in the report of a Japanese advance on Chinchow. 3 . 22nd December. 1931: That Chinese sovereignty would be accepted and that the open door policy would be maintained. 4. 5 th January, 1933 : That Japan had no territorial ambitions south of the Great Wall in China. 5 . 25th April, I934: That Japan had 3ao intention whatever of seeking special privileges in China, of encroaching upon the territorial and administrative integrity of China, or of creating difficulties for the bona fide trade of other countries with China. 6. 15th August, 1937: That Japan harboured no territorial designs on China and would spare no efforts in safeguarding foreign interest and rights in China. 7. September, 1937: That Japan had peaceful intentions and a lack of territorial designs in North China. 8. 17th February, 1939; That Japan had no territorial designs in China and that the occupation would not go beyond military necessity. 9. 26th August, 1939: That Japan had decided to abandon any further negotiations with Germany and Italy relative to closer relations under the Anti-Comintern Pact. 10. 15th April, 19401 That Japan desired status quo of the Netherlands East Indies. 11. 16th May. 1940: That Japan had no plans nor purpose to attack the Netherlands East indies. 12. 24th March. 1941: That under no circumstances would Japan attack the United States of America, Great Britain or the Netherlands East Indies. 1 3 . 8th July, 1941: That Japan had not so far considered the possibility of fighting the Union of Soviet Socialist Republics. 14. lQth July, 1941: That Japan contemplated no action against French Indo-China. 15. 5th December, 19411 That troop movements in French Indo-China were precautionery measures. (ix) APPENDIX D Incorporated, in Group Three The Laws and Customs of Vter are established partly by the practice of civilised nations, and partly by Conventions and Assurances, which are either directly binding upon tne parties thereto, or evidence of the established and recognised rules. The Conventions and Assurances hereinafter mentioned in any part of this Appendix will be relied upon as a whole for both purposes, only the most material Articles being quoted herein. 1, The Convention No.4 done at the Hague on the I8tn October, 1907, concerning the laws ana Customs of War on land provides (inter alia) as followsj "According to tne views of the High Contracting parties, these provisions, the drafting of which has been inspired by the desire to diminish the evils of war, so far as military requirements permit, are intended to serve as a general rule of conduct for the belligerents in their relations witn the inhabitants. It has not, however, been found possible at present to concert stipulations covering all the circumstances which arise in practice; On tne other hand, the High Contracting Parties clearly do not intend that unforeseen cases should, in default of written agreement, be left to the arbitrary opinion of military commanders Until a more complete code of the laws of war can be drawn up, the Hign Contracting Parties deem it expedient to declare that in cases not covered by the rules adopted by them, the inhabitants and the belligerents remain under the protection and governance of the principles of the law of nations, derived from the usages established among civilized peoples, from the laws of humanity, and from the dictates of the public conscience," The Regulations set out in the Annex to the said Convention, which forms part thereof, deal in Section I with Belligerents and Prisoners of ',7ar, in Section II with Hostilities and in Section H I witn Military Authority over the Territory of the Hostile State. Article 4 thereof in Section I provides (inter alia) as followst "Prisoners of War are in the power of the hostile Government, but not of the individuals or corps who capture them." Convention No, 10 done at tne same time and place concerns Maritime War. The said Conventions were signed and ratified by or on behalf of over forty nations, including Japan and each of the nations bringing the charges in this Indictment, subject to certain reservations not here material, and thus became part or evidence of the laws and Customs of War. . ^ 2, The more complete code of the laws of ,Yar contemplated by the said Convention is contained, in relation to Prisoners of War, in the International Convention relative to the Treatment of Prisoners of War, done at Geneva, on the 27th July, I929, (hereinafter called "the Geneva Convention"). Although Japan did not ratify the said Convention, it became (i) cfP> .ing upon her for one or more of the following reasons; (a) It was signed on the said date by or on behalf of forty-seven nations, including Japan and each of the nations bringing the charges in this Indictment, and ratified by over forty nations, and thus becafne part or evidence of the laws and Customs of w'ar. (b) A communication dated the 29tn January, 1942, signed by TOGO, Shigenori, one of the accused, as Foreign Minister on behalf of Japan, addressed to the Swiss Minister in Tokyo, contained the following statement; "Although not bound by the Convention relative to the Treatment if Prisoners of Y/ar, Japan will apply mutatis mutandis, the provisions of that Convention to American prisoners of war." In a communication dated on or about the 30tn January, 1942, addressed to the Argentine Minister in Tokyo by TOGO, Shigenori, one of the accused, as Foreign Minister on behalf of Japan, it is stated; "The Imperial Government has not yet ratified the Convention of 2?th July, I929, regarding the treatment of prisoners of war. They are not therefore subject to the said Convention. None the less, they will apply mutatis mutandis the conditions of that Convention to English, Canadian,Australian and New Zealand prisoners of war in their power. Y/itn regard to supply of food and clothing to prisoners of war, they will consider on condition of reciprocity national and racial customs of the prisoners." By the said communications or one of them, Japan acceded to the said Convention in accordance with Article 95 thereof, and the state of war then existing gave immediate effect to such accession. (c) The said communications constituted assurances to the United States of America, the United Kingdom of Great Britain and Northern Ireland, Canada, Australia etna New Zealand, to whose governments the said communications were intended to be, and werej repeated by the respective recipients thereof, and in each case to all nations who were at war witn Japeui. Except in the said matters there are no provisions of the said Geneva Convention to whicn the expression "mutatis mutandis" could properly be applied. 3. The International Convention fcr trie Amelioration of the Condition of the Wounded and Sick in Armies in the Field, done at Geneva on the 27th July, 1929, (known as and hereinafter called 'the Red cross Convention') provides (inter alia) as follows; "Article 26; The Commanders-in-Chief of belligerent armies shall arrange the details for carrying out the preceding articles, as well as for cases not provided for,' in accordance with the . instructions of their respective!Governments and in conformity with the general principles of the present Convention." Japan was a party to the said Convention^ together with over forty other nations, which thus became part or evidence of the Laws and Customs of War. In the above-mentioned communication dated on or about the 29th January, 1942, Japan stated; "Japan observes strictly the Geneva Convention of 27th July. I929, relative to the Red Cross, as a state signatory of that Convention." A communication dated the 13th February, 1942, signed by TOGO, Shigenori, one of the accused, as Foreign Minister on behalf of Japan, addressed to the Swiss Minister in Tokyo, contained the following statement 1 "The Imperial Government will apply during the present war, on condition of reciprocity, the provisions relative to the treatment of prisoners of war of the 27th July, I929, to eneny civilian internees, as far as applicable to them, and provided that labour will not be imposed upon them contrary to their free choice."\ The said communication constitivted an assurance to all tne nations at war with Japan, (who in fact carried out the provisions of the said Convention as applicable to Japanese civilian internees) other than the Republic of China. The above-mentioned assurances were repeated by the Japanese Foreign Ministry on several occasions, as recently as the 26tn May, 1943 PARTICULARS OF BREACHES All tne offences are breaches of the laws and Customs of War, in addition to, and as proved in part by, tne several Articles of the Conventions and assurances specifically mentioned. SECTION ONE Inhumane treatment, contrary in eacn case to Article 4 of the said Annex to the said Hague Convention and the whole of the said Geneva Convention and to the said assurances. In addition to the inhumane treatment alleged in Sections Two to Six hereof inclusive, which are incorporated in this Section, prisoners of war and civilian internees were murdered, beaten, tortured and otherwise ill-treated, and female prisoners were raped by members of the Japanese forces. SECTION TWO Illegal employment of prisoner of war labour, contrary in each case to Article 6 of the said Annex to the said Hague Convention and to part III of the said Geneva Convention/ and to the said assurances. The said employment was illegal in that:" (a) prisoners of war were employed on work having connection and direct connection with the operations of war. (b) prisoners of war were employed on work for which tney were physically unsuited, and on work which was unhealthy and dangerous. (c) the duration of daily work was excessive, and prisoners were not allowed rests of twenty-four consecutive hours in each week. (d) conditions of work were rendered more arduous by disciplinary measures. (e) prisoners were kept and compelled to work in unhealthy climates and dange clothing or boots. (iii) rous zones, and witnout^sufficient food, H o Y SECTION THREE Refusal and failure to maintain prisoners of war, contrary to Article 7 of the said Annex to the said Hague Convention, and Article 4 and part III, Articles 9 - 1 2 inclusive, of the said Geneva Convention, and to the said assurances. Owing to differences of national and racial customs, the food and clothing supplied to the Japanese troops were, even when supplied to prisoners of war belonging to the white races, insufficient to maintain them. Adequate food and clothing were not supplied, either in accordance with the said Conventions or t h ^ said assurances. The structural and sanitary condition of the camps and labour detachments failed entirely to comply with the said Articles and was extremely bad, unhealthy and inadequate^ Vfashing and drinking facilities were inadequate and bad. SECTION JOUR Excessive and illegal punishment of prisoners of war, contrary to Article 8 of the said Annex to the said Hague Convention and to Part III, Section V, Chapter 3 of the said Geneva Convention, and to the said assurances» (a) Prisoners of war were killed, beaten and tortured without trial or investigation of any kind, for alleged offences; (b) such unauthorised punishments were inflicted for alleged offences which, even if proved, were not under the said Conventions offences at all; (c) collective punishments were imposed for individual alleged offences; ̂ J (d) prisoners were sentenced to punishment more severe than imprisonment for thirty days for attempting to escape; (e) conditions of the trial of prisoners did not conform to those laid down in the said Chapter; (f) conditions of imprisonment of prisoners sentenced did not conform to those laid down in the said Chapter. SECTION FIVE Mistreatment of the sick and wounded, medi£aj\ personnel and female nurses, contrary to Articles 3, 14, 13 and?) of the said Geneva Convention and Articles 1, 9, 10 and 12 of the said Red Cross Convention, and to the said assurances: (a) Officers and soldiers who were wounded or sick, medical personnel, chaplains, and personnel of voluntary aid Societies were not respected or protected, but were murdered, ill-treated and neglectedj (b) medical personnel, chaplains and personnel of voluntary aid Societies were wrongfully retained in Japanese handsj (c) female nurses were raped, murdered and ill-treated. "" fit (d) camps did not possess infirmaries, and seriously sick prisoners and those requiring important surgical treatment were not admitted to military or civil institutions qualified to treat them; (e) monthly medical inspections were not arranged; (f) sick and wounded prisoners were transferred although their recovery was prejudiced by their journeys. SECTION SIX Humiliation of prisoners of war, and especially officers, contrary to Article 8 of the said Annex to the said Hague Convention, and Articles 2, 3, 18, 21, 22 and 27 of the said Geneva Convention, and to the said assurances (a) Prisoners were deliberately kept and made to work in territories occupied by Japan, for the purpose of exposing them to the insults and curiosity of the inhabitants; (b) prisoners in Japan and in occupied territories, including officers, were compelled to work on menial tasks and exposed to public view; (c) officer prisoners were placed under the control of non-ccramissioned officers and private]soldiers and compelled to salute them, and to work. SECTION SEVEN Refusal or failure to collect and transmit information regarding prisoners of war, and replies to enquiries on the subject, contrary to Article 14 of the said Annex to the said Hague Convention and to Articles 8 and 7/ of the said Geneva Convention, and to the said assurancesj Proper records were not keptL nor information supplied as required by the said Articles, and the most important of such records as were kept were deliberately destroyed. SECTION EIGHT Obstructions of the rights of the Protecting powers, of Red Cross Societies, of prisoners of war and of their representatives, contrary to Article 15 of the said Annex to the said Hague Convention, and to Articles 31, 42, 44» 78 and 86 of the said,Geneva Convention, and to the said assurances: "" (a) The representatives of the Protecting Power (Switzerland) were refused or not granted permission to visit camps and access to premises occupied by prisoners; (b) when such permission was granted they were not allowed to hold conversation with prisoners without;witnesses or at all; ! (c) on such occasions conditions in camps were deceptively prepared to appear better than normal, and prisoners were threatened with punishment if they complained; « (d) prisoners and their representatives were not allowed to make complaints as to the nature of their work or otherwise, or to correspond freely witn the military authorities or the Protecting Power; (e) Red Cross parcels and mail were withheld. SECTION HIKE Employing poison, contrary to the International Declaration respecting Asphyxiating Gases signed by (inter alia) Japan and China at the Hague on the 29th July, I899, and to Article 23(a) of the said Annex to the said Hague Convention, and to Article 171 of the Treaty of Versailles» In the wars of Japan against the Republic of China, poison gas was used. This allegation is confined tcf that country. SECTION TEN Killing enemies who, having laid down their arms or no longer having means of defence, had surrendered at discretion, contrary to Article 23(c) of the said Annex to the said Hague Convention. SECTION 5IEVEN Destruction of Enemy Property, witnout military justification or necessity, and pillage, contrary to Articles 23(g), 28 and 47 of the said Annex to the said Hague Convention. SECTION TWELVE Failure to respect family honour and rights, individual life, private properly and religious convictions and worship in occupied territories, and deportation and enslavement/of the inhabitants thereof, contrary to Articles 46 of the said Annex—co the said Hague Convention and to the Laws and Customs of War1 Large numbers of the inhabitants of such territories were murdered, tortured, raped and otherwise ill-treated, arrested and interned without justification, sent to forced labour, and their property destroyed or confiscated. SECTION THIRTEEN Killing survivors of ships sunk by naval action and crews of captured ships, contrary to Article 16 of Hague Convention No. 10 of 190/. SECTION FOURTEEN Failure to respect military hospital)ships, contrary to Article 1 of the last-mentioned Convention, and uad-awful use of Japanese hospital ships, contrary to Articles 6 and 8 thereof. SECTION FIFTEEN Attacks, and especially attacks without due warning, upon neutral ships. ( 7 i ) 3 V 7 APPENDIX E. Statement of Individual Responsibility for Crimes Set Out in the Indictment. The statements hereinafter set forth following the name of each individual Defendant constitute matters upon which the Prosecution will rely inter alia es establishing the individual responsibility of the Defendants. It is charged against each of the Defendants that he used the power and prestige of the position which he held and his personal influence in such a manner that he promoted and carried out the offences set out in each Count of this Indictment in which his name appears. It is charged against each of the Defendants that during the periods hereinafter set out against his name he was one of those responsible for all the acts and emissions of the various Governments of which he was a member, and of the various civil, military or naval organizations in which he held a position of authority. It is charged against each of the Defendants, as shown by the numbers given after his name, that he was present at and concurred in the decisions taken at some of the conferences and cabinet meetings held on or about the following dates in 1941. which decisions prepared for and led to unlawful war on 7th/8th December, 1941* 1. 25 th June, 1941 (Liaison) 2. 26th June, 1941 (Liaison) 3- 27th June, 1941 (Liaison) 4. 28tn June, 1941 (Liaison) 5. 30th June, 19i(l (Supreme War Council) 6. 2nd July. 1941 (Imperial) 7. 7th August, 1941 (Thought Control Council) 8. 22nd August, 1941 (Cabinet) 9. 6th September, 1941 (Imperial) 10. 17th October, 1941 (Ex-Premiers) 11. 28th November, 1941 (Liaison) 12. 29 th November, 1941 (Ex-Premiers) 13. 1st December, 1941 (Imperial) 14. 1st December, 1941 (Cabinet) ARAKI I The Defendant ARAKI between 1928 and 1945 was, among other positions heldi- Chief of General Affairs Department of the Office of Inspector General of Military Training (1931); Minister of War under INUKAI and SAITO (December 1931 to July 1934); a full General (I933)i Mamber of the Supreme War Council (1934 to 1936); Member of the Cabinet Advisory Council on China (1937)} Education Minister under KQNOYE and then under HIRANUMA (2®y 1938 to August 1939) I Member of the Cabinet Advisory Council (1940)• - DOHIHARAt The Defendant DOHIHARA between 1928 and 1945 was, among other positions held:- Coomander of the Special Service Section in Manchuria (September 1931)» Mayor of Mikden (September to October 1931); attached to Headquarters, Kwantung Army (1933)} Chief Adviser to the North China autonomous Government; Commander-in-Chief Japanese 5th Army ^anchuria (1938 to 1940); Supreme War Councillor (1940 to 1943)} Inspector General of Military Aviation (1941)} full General (April 1941); Commander-in-Chief Eastern Aray in Japan (1943)} Commander of the 7th Area Army at Singapore (1944 to 1945)} Inspector General Military Training (April 1945). Conferences 1- 5« (i) 4 7^ HASHIMOTO: The Defendant HASHIMOTO between 1928 and 1945 *aa, among other positions held:- attached Army General Staff (1933)» retired from Amy (February 1936)» author of "Declarations of HASHIMOTO Kingoro" (1936)j re-entered the Apray (1937); commanded an Artillery Regiment at the Rape of Nanking (1937)} in command of Japanese forces which shelled the ladybird and the Panay (1937)} author of a large number of books, articles in the magazine "Taiyo Dai Nippon" and other publications and public speeches, all advocating aggressive warfare; mamber of a number of societies for the instigation of army control over politics and furtherance of aggressive warfare; promoter of a number of plots designed to remove politicians and officers whom he did not consider sufficiently aggressive; a founder of the I.R.A.A. (1940); elected to the Lower House of the Diet (1942). HATA: The Defendant HATA between 1928 and 1945 "as, among other positions held:- Divisional Commander in Manchuria (1933)} Chief of Army Aviation Department (1935); Commander of the Taiwan Army (1936 to 1937)5 Inspector General of Military Education and Member of the Supreme War Council (August 1937)} a full General (February 1937); Commander-in-Chief of the Expeditionary Force in Central China (February 1938); Member of the Supreme War Council (January 1939)} War Minister under ABE (August 1939 to Jmuary 1940); Commander-in- Chief of the Expeditionary Force in Central China (JUly 1940 to 1944)} Field Marshall and Member of the Board of Marshals and Admirals (June 1944)} Inspector General of Military Eiucation (November 1944)* HIRANUMA: The Defendant HIRANUMA between I928 and 1945 was, among other positions held:- Founder of the K0KUH0NSHA and President from 1926 to 1936; Vice President of Privy Council (1930 to 1936); President of Privy Council (1936 to 1939)} Prime Minister (January to August 1939); Minister without Portfolio under K0N0YE and for a time Home Minister and later Vice-Premier (July 1940 to October 1941)} Member of Thought Control Council (August 1941); President Privy Council (1945)• Conferences:- 1.2.3.4.6.7.8.12, HIROTA: Hie Defendant HIROTA between I928 and 1945 was* among other positions held:- Ambassador to the Union of Soviet Socialist Republics (1930); Foreign Minister (September 1933 to July 1934) under SAITO, and from July 1934 to March 1936 under QEADA; Prime Minister and for a time Foreign Minister concurrently (March 1936 to February 1937)} Foreign Minister under E0N0YE (JUne 1937 to May 1938)} Member of the Cabinet Advisory Council (1940), Conferences:- 10.12. HQSHIN0: She Defendant H0SETN0 between 1928 and 1945 was, among other positions held:- Chief General Affairs Bureau of the Finance Department of the Manchukuo Government (1932); Chief of General Affairs in the Finance Ministry of Manchukuo (1934)} Vice Minister Finance in the Manchukuo Government (1936)j Chief, General Affairs Bureau in the National Affairs Office of Manchukuo (December 1936); Chief of General Affairs in Manchukuo (July 1938); President of the Planning Board and later Minister without Portfolio under EDNOYE (July 1940 to April 1941)} Chief Secretary and Minister of State under TOJO (October 16th, 1941 to July 1944); Adviser to Finance Ministry (December 1944). Conferences:- 11.14. (ii) ITAGAKI: The Defendant ITAGAKI between 1928 and 1945 among other positions held:- full Colonel firantung Army (1929)I Major General, Kwantung Army (1932); Vice Chief of Staff, Ewantung A m y (1934) j Commander 5th Division in China (March 1937)* Chief of Staff, Kwantung Army (1936 "to 1937) | attached to Headquarters, General Staff (May 1937); War Minister under KONOYE and HIRANUMA from June 1938 to August 1939 â cl concurrently President of the Manchnrian Affairs Bureau of the Cabinet; Chief of Staff, Japanese A m y in China (September 1939)I full General (July 1941); Conmander, Japanese Amy in Korea (JUly 1941 to 1945); Member of Supreme War Council (1943); Conmander 7th Area Army in Singapore (April 1945). The Defendant KAYA between 1928 and 1945 TOS» among other positions held:- Chief Secretary, Finance Ministry (1934); Minister of Finance (June 1937 to May 1938) under KONOYE; on the Advisory Ccmnittee, China Affairs Board (1939); President, North China Developn»nt Company (1939 to 1941); Finance Minister under TO JO (June 1941 to February 1944); Director I.R.A.P.S. (1944)* Conferences:- 11,12,13,14, The Defendant KIDO between 1928 and 1945 among other positions held:- Chief Secretary to the Lord Keeper of the Privy Seal (1930); Education Minister under KONOYE (1937); Welfare Minister under KONOYE (1938); Home Minister under HIRANUMA (1939); Lord Keeper of the Privy Seal (1940 to 1945); chief confidential advisor to the Saperor and presided at meetings of Er-Premiers. Conferences:- 10,12, The Defealant K3MDRA between 1929 and 1945 **s« among other positions held:- Chief of Staff, Ewantung A m y (1940); Vice War Minister under KONOYE and T0J0 (1941 to Jfcbruaxy 1944); Member Supreme War Council (1943)) Coaasaia* in Chief Japanese Army, Burma (1944); full General (1945)* The Defendant K0IS0 between 1928 and 1945 among other positions held:- irector, Military Affairs Bureau of the War Ministry (1930); Vice War Minister under INUKAI (1932); Chief of Staff, Kwantung A m y (1932 to 1934); Commander Japanese Amy, Korea (1935 to 1936); a full General (1937); Overseas Minister under HTRAHfWA (1939) and under YONAI (1940); Governor General Korea (Mtj 1942); Prime Minister (July 1944 to April 1945). The Defendant MATSUI between 1928 and 1945 among other positions held:- Representative of the Japanese A m y at the Geneva Conference (1931); Member of the Supreme War Council (March 1933); a full Beneral (1933); a founder of the Greater East Asia Society (1933); Commander-in-Chief, Japanese Forces in Central China (October 1937 to February 1938); Member of the Cabinet Advisory Council (July I938 to January 1940); Adviser to the Asia Promotion Federation (1940); Adviser to the Greater East Asia Affairs Section of the I.RJLJL. (1943)l President of the Greater East Asia Developauit Society (1944), KAYA: KIDO: K3MJRA: K0IS0: MATSUI: (iii) MATSUOKA: The Defendant MATSUOKA between 1928 and 1945 was, among other positions held:- Chief Delegate to the League of Nations Assembly (1933); President of the South Manchurian Railway (1935 "to 1939); ijember of the Cabinet Advisory Council (1940); Foreign Minister under K0N0YE (July 1940 to July 1941); author of "Showa Restoration" (1933) and other books and articles and public speeches advocating aggressive warfare. Conferences:- 1.2.3.4* MINAlHi The Defendant MINAMI between 1928 and 1945 was, among other positions held:- Conmander, Japanese Amor, Korea (1929)J War Minister under WAKATSCJKI (April 1931 to December 1931). Supreme War Councillor (1931 to 1934); Commander in Chief, Kwantung Army (1934 to 193&); Govenor General of Korea (1936 to 1942); Member of the Privy Council (1942 to 1945); President of the Political Association of Great Japan (1945)» MCJTO: The Defendant MUTO between 1928 and 1945 among other positions held:- Instructor at the Military Staff College (1930 to 1932); Senior Officer of the Military Affairs Bureau of the War Ministry (1935 "to 1936)1 Chief of a section of the General Staff (1937); attached Headquarters Staff, Central China"Army (August 1937); Colonel, attached to Kwantung Army Headquarters; Chief of the Military Affairs Bureau (October 1939 to April 1942); comaanded 2nd Guards Division in Sumatra (1943); Chief of Staff of the 14th Area Army in the Philippines under General Yamashita (October 1944)* Conferences:- 1.2.3.4.6.9.11.13. NAGANO: The Defendant NAGANO between 1928 and 1945 among other positions held:- Vice Chief, Naval General Staff (1930); Delegate to the Geneva Naval Conference (1931); Member Supreme War Council (1933); fall Admiral (1934); Chief Delegate to London Naval Conference (1935); Navy Minister under HIROTA (March 1936 to February 1937); Conmander-in-Chief of Combined Fleet (1937); Member of Supreme War Council (1940); Chief of Naval General Staff (April 1941 to February 1944); Supreme Naval Adviser to the Baperor from February 1944. Conferences:- 1.2.3.4.6.9,11.13. OKA: The Defendant OKA between 1928 and 1945 was, among other positions held:- on the Naval General Staff (1930); Section Chief, General and Military Affairs Bureau of the Navy (1938); Chief, General and Military Affairs Bureaux of the Navy (October 1940 to August 1944); Vice Admiral (1942); Vice Navy Minister (20 July 1944) under KOISO; Commander-in-Chief Chinkai (Korea) Naval Station (September 1944 to June 1945); Conferences:- 1.2.3.4.6.9.11.13. (iv) OKAWA j The Defendant OKAV.A between I928 and 1945 was, among other positions heldj- Director General of the East Asia Research Institute of the South Lfenchurian Railway from I926; an organizer of the Mikden incident (September 18th, I93I); author of "A Japanese History Reader" (.1935)5 and of books, articles and speeches advocating aggressive war for the expulsion by force of the white races from Asia. CSHIMA; The Defendant 0SHU&. between I928 and 1945 among other positions held;- l&litary Atteche in Berlin (I936)j Ambassador to Gernany (October 1938 to October 1939); and again from February 1941 to April 1945. SATO: The Defendant SATO betweeni I928 and 1945 was, among other positions held:- Instructor, Army General Staff College (1935); attached to the Military Affairs Bureau of the War Ministry; Msmber of the Planning Board (I937 to I938); Chief of the Military Affairs Section of the Mlitary Affairs Bureau of the War Ministry (February 1941 to April 1942); Major General (October 1941); Chief of Military Affairs Eureau of the War Ministry (April I942 to December 1944)J lieutenant General (March 1945)* SHTGEKETSU: The Defendant SHIGEMTTSU between 1928 and 1945 was» among other positions held:- Minister to China (I93I); Vice Foreign Minister under SAITO and OKADA (1933 to I936); Antoassador to the Union of Soviet Socialist Republics (November I936 to November I938); Ambassador to Great Britain (I938 to June 1941); Ambassador to the Nanking Puppet Government (December I941 to April 1943); Foreign Minister under TO JO (April 1943 to July 1944) and Foreign Mnister and concurrently Mnister for Greater East Asia under KOISO (JUly 1944 to April 1945)* SHIMADA: The Defendant SHIMADA between I928 and 1945 was, among other positions held:- Chief of Staff, Combined Fleet (I93O); Vice Chief, Naval General Staff (1935 to 1907); Commander of the Second Fleet (December 1937); Commander, China Fleet (May 1940); full Admiral (1940); Navy Minister under TOJO (October 1941)» appointed to Supreme War Council (1944) ; Chief of Naval General Staff (February to July 1944). Conferences:- 12.13.14. SHIRATORI: The Defendant SHIRATORI between I928 and I945 "as, among other positions held:- Chief of Information Bureau of the Foreign Office (I93O); Mnister to Sweden, Norway, Denmark, Finland (I936); Ambassador to Italy (1939); Adviser, Japanese Foreign Office (1940); author of an article in "Contemporary Japan" pointing out the necessity of a World Conflict to establish the "New Order in Asia" (April 16, 1941); Director I.R.A.P.S. (1943). SUZUKI: The Defendant SUZUKI between I928 and 1945 TOS» among other positions held:- Member of the Military Affairs Section of the War Ministry (I93I); attached to the Bureau of Military Affairs of the War Department (1933); Official of the Investigation Bureau of the Cabinet (1935); Regimental Commander of the 14th Regiment (1936); Chief of the Political Affairs Division of the China Affairs Board (December 1938 to April 1941); acting Director General thereof in 1940; President of the Cabinet Planning Board and Minister without Portfolio (April 1941 to October 1943) under KONOYE and TOJO; Cabinet Adviser (November 1943 to Spetember 1944); Director of the I.R.A.A. (1944). Conferences:- 6.8.9.11.13.14* The Defendant TOGO between 1928 and 1945 "as* among other positions held:- Ambassador to Germany (October 1937); Ambassador to the Union of Soviet Socialist Republics (October 1938); Foreign Minister and Minister for Overseas Affairff^^er TOJO (October 1941 to March 1942)} Foreign Minister and Minister of Greater East Asia under SUZUKI (April 1945). Conferences:- 11.12.13.14. The Defendant TOJO between 1928 and 1945 was, among other positions held:- Head of the First Section of the General Staff (1931 to 1932); Chief of the Investigation Section of the Array Ccranunications School (1932); Comnander of the Military Police of the Kwantung Army (1935)} Chief of Staff, Kwantung Army (1937)} Vice War Minister under KONOYE (May ko December 1938)} Director General of Military Aviation (1938^0 1939)} War Minister under KONOYE (July 1940 to December 1941); full General (Oatober 1940)} Prime Minister and War Minister concurrently (December 2,1941 to July 1944) ~ during which period he was also, at times, Home Minister, Minister of Minitions, and Chief of General Staff. Conferences:- 1.2.3*4*5*6*8*9*11.12.13.14. The Defendant UMEZU between 1928 and 1945 was, among other positions held:- Chief of the General Affairs Department of the War Ministry (1931)} Commander of the Japanese Forces in China (1934); Vice War Minister under HIROTA, HAYASHI and KONOYE (March 1936 to May 1938)} Comnander of the Kwantung Army and Ambassador to Manchukuo (1939 to 1944)} full General (1940)} Chief of General Staff (JMy 1944 to 1945). TOGO 1 / TOJO: UMEZU: (vi) GENERAL HEAD'UARTERS UNITED STATES A M Y FCBCES, PACIFIC Public Relations Office IMMEDIATE RELEASE s 29 April 194-6 28 JAPANESE jJ< LEADERS INDI'TTED FOR WAGING ,;;ARS CF AGGRESSION AKD CO!HITTING ./HOLES. LE "MURDER", Twenty-eight military and political leaders of Japan during the period from January 1, 1928, to September 2, 1945, are charged with planning, preparing, initiating and waging wars of aggression in violation of international law and treaties, committing wholesale murder and instigating numerous "crimes against humanity," in a 55- count indictment presented today to the International Military Tri- bunal fc? the Far East, The indictment, submitted by Joseph E. ICeenan, Chief of Counsel for the prosecution, was signed by Mr. Keenan on behalf of the Unitec States and by associate counsel representing ten other nations with which Jrcan was at wars China, the United Mingdom, U.S.S.R., Austral ia, Canada, France, the Ncthri-lan s, Hew Zealand, India and the Phil- ippines . All 28 defendants are accused of participating as "leaders, org- anizers, instigators or accomplices" in formulating or executing a conspiracy with Germany and Italy to "secure the military, naval, political and economic domination of the whole world, each having special domination in its own sphere." The accused a r e held respon- sible for "all acts performed by themselves or by any person in ex- ecution of this plan." The defendants are: SAIAO ARAXI, former general, War Minister, member of the Supreme War Council, and Education Minister, KENJI DOHTHARA, former general, commander of Snecial Service Section in Manchuria, chief advisor to the North China autonomous government, and Inspector General of Military Training. KINGORO HASHIMOTO, commander of an Artillery regiment at the rap of Nanking and of Japanese forces which shelled the Ladybird and the Panay, a founder of the Imperial Rule Assistance Association and alleged to have been a promoter of plots to remove politicians not considered sufficiently aggressive. SHUNROKU HATA, former general, member of Supreme War Council, War Minister ana commander-in-chief of the Expeditionary Force in Central China from July 1940 to 1944, EI ICHIRO KERANULIA, Prime Minister in 1939, former president of the Privy Council and cabinet minister under Konoye. MO Id MIROTA, Prime Minister from March 1936 to February 1937; and Foreign Minister under Saito, Okada and Konoye. NAOKI IIOSHli'O, chief of General Affairs in Manchukuo in July rresident of" the Planning Board under Konoye and Chief Secreta: and Minister of State under To jo. (more) SEISHIRO ITAGAKI, former general, chief of staff of Kwantung Army and War Minister under Konoye ana Hiranuma. OKINORI KAYA, Minister of Finance under Konoye in 1937 and 1938, president of the North China Development Company and Finance Minister under Tojo. KOICHI KIDO, cabinet minister under Konoye and Hiranuma, Lord keeper of the Privy Seal from 1940 to 1945, chief confidential advisor to the Emperor and chairman of meetings of ex-premiers. HEITARO KIMURA, former general, chief of staff of the Kwantung Army, Vice-War Minister under Konoye and Tojo, and commander-in- chief of the Japanese Army in Burma in 1944. KUNIAKI ILOISO, former general, Prime Minister from July 1944 to April 1945, chief of staff of the Kwantung Army, Overseas Min- ister under Hiranuma and Yonai, and Governor General of Korea in 1942. IW&NE MATSUI, former general, commander-in-chief of Japanese forces in Central China in 1937 and 1938, member of the Cabinet Advisory Council in 1938 and 1939 and president of the Greater East Asia Development Society. YOSUKE MATSUOKA, Foreign Minister under Konoye in 1940 and 1941; chief delegate to the League of Nations Assembly in 1933j and president of the South Manchurian Railway from 1935 to 1939. J1R0 MI N A M , former general, member of the Privy Council from 1942 to 1945> War Minister in 1931 and commander-in-chief of Kwantung Army from 193-'- to 1936. AKIRA MUTO, chief a" the Military Affairs Bureau of the War Ministry from 1939 to 1942, ana chief of staff of the 14th Area Army in the Philippines under Yamashita in 1944. OSAMI NAGANO, former admiral. Navy Minister under Hirota, com- mander-in-chief of the combined fleet in 1937 and member of the Supreme War Council in 1940. TAKASUMI 0KA_, former vice admiral, chief of the General and Military Affairs Bureau of the Navy from 1940 to 1944 and Vice Navy Minister under Koiso in 1944. SHUMEI OKAWA, an officer of the South Manchurian Railway all- eged to have been an organizer of the Mukden incident on September 18, 1931j and a propagandist for the expulsion of the white races -prom Asia by aggressive war, HI R OS III OS HI MA, ambassador to Germany in 1938 and 1939 and from 1941 to 1945. Kenryo Sato, former Lt. General, chief of the Military Affairs Bureau of the War Ministry from 1942 to 1944. MAMORU SKIGEMITSU, Foreign 1 inister under Tojo and Koiso from April 1943 to April 1945, and former ambassador to U.S.S.R., Great Britain and puppet government of Nanking. SHIGETARO SHIMADA, former admiral, Navy Minister under Tojo in 1941 and member of Supreme War Council in 1944. TOSHIO SHIRATORI, ambassador to Italy in 1939 and advisor to the Japanese Foreign Office in 1940. TEIICHI SUZUKI, president of the Cabinet Planning Board and minister without t)ortfoljo under Konoye and Tojo from 1941 to 1943. SHIGLNORI TOGO, Foreign Minister under Tojo from October 1941 to March 1942 and under Suzuki in 1945. HIBEKI TOJO, former general, Premier and ,:'ar Minister from December 2, 1941 to July 1944. YOSIUJIRO UMEZU, former general, Vice War Minister from 1936 to 1938 and comaander of the Kwantung Army from 1939 to 1944 and chief of the general staff in 1944 and 1945. Specific murder charges are made against some of the defendants for the thousands of deaths which resulted from the surprise attacks on Pearl Harbor, Hong Kong, Shanghai and the Philippines on Dec- ember 7 and 8, 1941, without declaration of war. The indictment also charges use of poison gas in China and Japanese promotion of the sale of opium to weaken the will of the Chinese people to resist aggression. - 2 - The defendants are alleged to have comprised "a criminal mili- taristic clicue" which dominated and directed the internal and for- eign policies of Japan in such a way as to cause "aggressive wars and great damage to the interests of peace-loving peoples, as well as the interests of the Japanese people themselves." The world conspiracy, which the defendants were said to have planned, "contemplated and carried out the violating of recognized customs and conventions of war by murdering, maiming and ill-treating prisoners of war, civilian internees and persons on the high seas, de nyi g them adequate food, shelter, clothing, medical care or other appropriate attention, forcing them to labor under inhumane condition and subjecting them to indignities." In order to accomplish their scheme, the indictment states, the accused took advantage of "their power and their official positions and their own personal prestige and influence" to: "exploit to Japan's benefit the manpower and economic resources of the vanquished nations, plundering public and private property, wantonly destroying cities, towns and villages beyond any justificat- ion of military necessity; "perpetrate mass murder, rape, pillage, brigandage, torture and other barbaric cruelties upon the helpless civilian population of ov- er -run countries; "increase the influence and control of the military and naval groups over Japanese government officials and agencies; "psychologically prepare Japanese rmblic opinion for aggressive v.- rfare by establishing so-called Assistance Societies, teaching nationalistic policies of expansion, disseminating war propaganda and exercising strict control over the press and radio; "set up puppet governments in conquered countries; "conclude military alliances with Germany and Italy to enhance by military might Japan's programme of expansion." The mind of the Japanese people, according to a preamble to the Indictment, was "systematically poisoned with harmful ideas of the alleged racial superiority of Japan over other peoples of Asia and even of the whole world. Such parliamentary institutions as existed in Japan were used as implements foi widespread aggression and a sys- tem similar to those then established by Hitler and the Nazi ^arty in Germany and the Facist Party in Italy was introduced. The finan- cial resources of Japan were to a large extent mobilized for war aims to the detriment of the welfare of the Japanese people." (more) Of the 55 counts in the indictment, 36 are considered as "Chines Against Peace," 16 are grouped under the heading of "Murder,' and the remaining three are entitled "Conventional War Crimes and Crimes against Humanity*" Twenty-four of the 36 "Crimes Against Peace" are directed against all of the accused. All are charged with conspiring to "wage declared or undeclared war or wars of aggression and ntvr or w:..rs in violation of international law, treaties, agreements and assurances" against any country that opposed their olan to obtain domination of East Asia, the Pacific and Indian Oceans and all coun- tries bordering on them. They are accused of planning and preparing such wars separotly against each of the nations signing the indict- ment- as well as against the Kingdom of Thailand. Without exception, the accused are charged with responsibility for the actual waging of aggressive war against China, the United States, the Philippines, the British Commonwealth of Nations, the Netherlands and Thai land. Tvo'lvc defendants are charged with wag- ing war on France in Indo-China. Thirteen are accused of wag- ing war against the U.S.S.R. in 1938, when Japan, the indictment alleges, "without declaring war, attacked the territory of the Sov- iet Union at the Lake Hassan." Fourteen of the Japanese leaders ore charged with waging war against the U.S.S.R. and the Mongolian People's Republic in 1939 when Japan is said to have attacked the territory of the Mongolian People's Republic, an ally of the U.S.S.R at the Ralkin Gol River. Various groups of defendants are accused of "initiating" the wars of aggression. Eleven are charged with the attack on China which began on September 18, 1931? and 15 are held responsible for initiating the invasion of China of July 7, 1937. Commendement of aggressive war against the United States, the British Common- * wealth and the Philippines is charged to 16 of the accused. The same defendants named as having waged the wars against France in Indo-China, the U.S.S.R. in Siberia and the Mongolian People's ' t Republic are also accused of having "initiated" them. (more) -4- In one of the "Murder" counts, all the defendants are held re- sponsible for participation in formulating and executing a plan whose object was "to procure and permit the murder on a wholesale scale of prisoners of war, members of the armed forces of countries opposed to Japan who might lay down their arms, and civilians, who might be in the power of J?pan. on land or sea, in territories occupied by Japan, and crews of ships destroyed by Japanese forces, in ruthless pursuit of victory in the unlawful wars" in which Japan was engaged. Sixteen of the accused are charged with murder of members of the armed forces and civilians of nations who were attacked by Japan in violation of treaties. Specifically, they are accused of "ordering, causing and permitting the armed forces of Japan to attack the terri- tory, ships and airplanes" of these nations with which Japan was then at peace and conseouently of unlawfully killing: Admiral Kidd and about 4,000 other members of the Naval and mil- itary forces of the United States and certain civilians at Pearl Har- bor on December 7, 194-15 Certain members of the British armed forces at Kota Bchru, Kelan- tan, and at Hong Kong on December 8, 1941; Three members of the British naval forces in an attack on the M S PETREL at Shanghai on December 8, 1941, and Certain members of the U.S. armed forces and of the armed forces and civilian population of the Philippines at Davao on December 8, 1941. Twelve of the defendants are accused, of killing many thousands of Chinese civilians and disarmed soldiers by "unlawfully ordering, causing, and permitting the armed forces of Japan to attack" and to "slaughter the inhabitants of" Nanking on December 12, 1937; Canton on October 21, 1938 and Hankow on October 27, 1938. Seven of the accused are similarly charged in the cases of Changsha on June 18, 1944; Hongyang on August 8, 1944 and Kweilin and Liuchow on Novem- ber 10, 1944. Fourteen of the.Japanese lcders arc charged with the murder of those Rgd A m y and Mongolian soldiers" "vtfo died in the- Japanese attack (more) -5- at the Halking-Gol River in 1939 and 13 are accused in the murder of the Soviet amed forces personnel who fell in the Japanese attack in Siberia in 1938. All three counts in the group of "Conventional /Jar Crimes and Crimes Against Humanity" are made against 19 of the accused who are charged with ordring, authorizing and permitting Japanese theater commanders, «7ar Ministry officials, prison camp comrancers and mil- itary and civil police'to commit violations of the laws and customs of war against the armed forces and military m d civilian prisoners of the nations with which Japan was at war. In the case of China, seven additional defendants are held responsible for such acts. Specifically alleged breaches of the Hague and Geneva Con- ventions include charges of murder, pillage, rape, the use of poi- son ĝ .s against China and the enslavement of the peoples dominated by Japan. x-risoners of war and civilian internees were "murdered, beaten tortured, and otherwise ill-treated and female prisoners were raped by members of the Japanese forces, "tae indictment states. Abuses of prisoners of war cited include working them in con- nection with operations of war, in unhealthy and dangerous condi- tions, at excessive hours, under severe disciplinary measures and without sufficient food and clothing. Structural and sanitary conditions of POW camps and l-.-.bor detachments and the washing and drinking facilities in the camps were "extremely bad, unhealthy and inadecuate," it is asserted. The sick and wounded were mistreated and medical personnel, chaplains and personnel of voluntary aid societies were not respect ed nor protected, all in breach of the conventions, the jndicibent states. Female nurses were ra ed, murdered and ill-treated, it is cl" rged. Other violations of the E" gue -;nd Genevr Conventions, listed in the specific..tions, include: (more) -6- Humiliatipn of prisoners of war, and especially officers; exposure of prisoners to insults; retention of prisoners in terri- tories occupied by Japan. Failure to collect and transmit information regarding prisoners of war; failure to keep adequate records regarding such prisoners, and where such records were maintained, deliberate destruction of them by the Japanese, Obstruction of the rights of Protecting Powers, of Red Cross Societies, of prisoners of w. r and of their representatives; refusal to permit Switzerland, a Protecting Power, to visit PO¥ camps. Vv.ithholding of Red Cross parcels and mail. Th<: Japanese are accused of failing "to respect family honour and rights, individual life, ^riv:te property and religious convic- tions and worship in occupied territories, and deportation and en- slavement of the inhabitants." "Large numbers of the.inhabitants of such territories," one specification asserts, 'V .. adored, torured, raped, and other- wise ill-treated, arretted c.;x interned without justification, sent to forced labour, and their property destroyed or confiscated," Crew survivors of ships sunk in naval action were killed and hospital ships were not respected by the Japanese, also in violation the two conventions, according to the indictment, iittocks were made without due warnings upon neutral ships, it .u charged. Treeing the beginnings of Japanese aggression to the conclusion of the war, tae indictment asserts that "from January 1, 1928, on- wards, there was a plot in the Japanese Army, and particularly in the Kwantung Army, supported by certain civilians, to create an incident in Manchuria, which should form a pretext for Japan to conquer, occupy and exploit that country as the first step in a scheme of domination which later extended to other parts of China, to the territory of the Union of Soviet Socialist Republics, and ultimately to a wider field, aiming to make Japan a dominant power in the world." (more) -7- The Japanese leaders are accused of military aggression in Manchuria which, after a long period of infiltration and consecuent friction, resulted in Japanese troops blowing up a portion of the South Manchurian Railway. The Japanese, it is stated, falsely accused Chinese troops of destroying the railroad and then attacked the Chinese forces. Aggressive incidents recounted include the occupation of Chinchow, January 3, 1932; the first attacks on Shanghai beginning about January 18, 1932 > the bombing of Chapei on January 29, 1932, and the establishment of a separate puppet Government in the prov- inces of China which Japan controlled by September 15, 1932. The prosecutors assert that the Japanese Government delivered no declaration of war against China, "made no effort to settle the alleged dispute by pacific means, or by mediation or arbitration," and rejected an offer of mediation by the United. States, Great Brit- ain and France. They charge that on A^ril 18, 1934, Japm announced her absolute opposition to any foreign interference in Chin? other tfcn her own. The establishment of the "so-called State of Manchukuo," with Henry Pu Yi as nominal ruler is reviewed, and it is alleged that large Japanese armies continued to stay in the Chinese territories, which they used as a "bese for further ag^ressior, and to control, with Japanese civilian officials, the whole Government, industry and finance," of China. Later, the docunent states, the Japanese expansion in China was officially expanded into the "Greater East Asia Co-Prosperity Scheme," which the prosecutors say w<: s "a title- dcsrned to cover up a sc.' erne for complete Japanese domination of those areas." Japan, they assert, declared th." t this wis the ultimate pur nose of the military cam" aign. Methods of corruption and. coercion in China and other occupied countries are described in the indictment to include "a systematic policy of weakening the native inhabitants' will to resist by atroc- ities and cruelties, by force and threats of force, by bribery and - 8 - corruption, by intrigue amongst local politicians and generals, by directly and indirectly encouraging increased production and imp- oration of opium and other narcotics and by promoting the sale and importation of such drugs among the people." From this traffic, it is alleged, revenue was used to finance "the preparation for and /aging of the wars of aggression set forth in this indictment," and to finance the puppet governments set up by the Japanese in occupied territories. The participation in the drug traffic went on, it is contended, while the Japanese Government was actively participating in the proceedings of the League of Nations Committee on Traffic in Opium and Othe " Dangerous Dr-jgs, and Japan "professed to the world to be cooperating fully with other member nations in the enforcement of treaties gove.ning traffic in opium and other narcotics to which she was a party." The indictment reviews the general prep? ration f or war conduct- ed by Japan, describing J x* 1-' r re ret increase in naval strength, culminating in the suij.r? . tuck on Pearl Harbor 5 Japan's mili- tary conscription which began in April, 1939, Japan's fortification of mandated islands, and the country's economic and financial exploitation aimed toward war. In this connection, the indictment discusses the construction • • go v^nmeat which became increasingly subservient to the wishes of che air.iy with the eventual ridding of "free Parliamentary insti- tutions previously existed," and. the adoption of a "system sim- ilar to tnc Fascist or Nazi model," "This took definite shape with the formation on October 12, 1940, of the Imperial Rule Assistance Association, and later of the Imperial Rule Assistance Political Society," the prosecutors state. Free speech and writing by opponents of Japan's policy were stamped out, and numerous societies, some secret, were formed both in the Army and Navy and among civilians to conduct a vigorous cam- paign for national expansion, it is alleged. "The educational systems, civil, military and naval, were used to inculcate a spirit of totalitariansim, aggression, desire for war, cruelty and hatred of potential enemies," it is charged. Aggressive acts against French Indo-China and Thailand, the Soviet Union, the United States, the Philippines, the British Common- wealth of Nations, the Netherlands and the Republic of Portugal are dealt with in detail in six pages of the indictment. Collaboration between Japan, Germany, and Italy, for the estab- lishment of an economic, polj tical and military alliance are reviewed. It is stated that the Axis powers signed the Anti-Comintern Pact with a secret protocol and a secret militrry treaty, directed ostensibly against the Union of Soviet Socialist Republics and Communism, but actually designed as a prelude to joint aggressive action in general. It is asserted that on or about December 1, 194-1, Japan re- quested Germany and Italy to declare war on the United States after the beginning of hostilities, ana that a "No separate Peace Treaty" be entered into. From 1936 to 1945? "close military, naval, economic end diplo- matic cooperation and exchange of information were maintained be- tween" Italy, Germany end Japan, the indictment charges, with the Japanese, "at the request of Germany, adopting the German policy of ruthless submarine warfare and the destruction of crews of ships sunk or captured." Development of the J:ianese-controlled'Manchuria wer industries is discussed, pointing up the aims of Japan in its aggression against Russia. Also, it is asserted, "a great number of new air- fields, fortified areas, dumps, barracks, sea and river norts destin- ed to serve in the war of aggression against the Union of Soviet Socie.list Republics were built." The indictment contends: "Propaganda in the press, by radio, directed against the Soviet Union, was carried on intensely. On Mancliurian territory, Japan organized and supported on a large sc.le elements from Russian emigrants hostile to the Soviet Union and prepared them for hostile -10- acts against the Union of Soviet Socialist Republics. Japan sys- tematically organized armed clashec on the frontier and organized act of sabotage and terrorist acts on the Chinese Eastern Railroad, "...the governing militarist clique in Japan in the whole course of the war between Germany and the Union of Seviet Socialist Repub- lics was openly hostile towards the Soviet Union; maintained a selected army on the Soviet frontiers -'.nd was an organizer of wide- spread propaganda against the Soviet Union. Japan actively helped Hitlerite Germany, providing her with information regarding the Union of Soviet Socialist Republics, organized pirate attacks on Soviet merchant shipping in the Far East by closing straits, estab- lishing prohibited zones and special limited water ways "In the same summed of 1941, Japan worked out a new plan of a surprise attack against the Union of Soviet Socialist Republics and kept the Kwantung Army fully prepared for such an attack. She was prevented from it, not by the pact of neutrality, which as it may be seen from above, Japan disregarded, but by the successes of the forces of the Union of Soviet Socialist Republics in the war against Germany." The culmination of events leading up to the Pearl Harbor attrck is described in part as follows! "In March, 1941, conversations between the Japanese ambassador in Washington and United States Secretary of State took place in an endeavor by the United States to settle outstanding differences and to reach a peaceful settlement. "While these were proceeding, Japan continued at a feverish pace to prepare for war. At an Imperial Conference on July 2, the decision to advance southward, obviously directed against the United States of America, the Kingdom of the Netherlands and the British Commonwealth, was reached, "At a further conference on September 6, it was decided to open hostilities against the United States of America, Great Britain and the Netherlands in case the requirements of Japan seemed unlikely to be realized by some time during the first part of October. On -11- December 1, a further conference definitely decided on war. "The decisions of the two last-mentioned Conferences were kept secret. On 7th~8th December, 1941, while negotiations were still proceeding, Japan made surprise attacks on territories of the United States of America at Pearl Harbor, of the Eritish Commonwealth of Nations at Singapore, Malaya, Hong Kong and Shanghai, of the Common- wealth of the Philippines, and of Thailand. "She delivered no declaration of war, and to the Eritish Common- wealth of Nations or to the Commonwealth of the Philippines, no doc- ument of any kind. To the United States of America, she delivered, after the attack, a document 7irhich did not end was not intended to amount to a declaration of war." In its statement of individual responsibility for the crimes set forth in the indictment, the prosecition lists the dates of conferences which each of the defendants attended, indicating "that he was present at and concurred in the decisions taken at some of the conferences and c: binet meetings" held in 1941, "which decisions pre- pared for and led to unlawful war on 7th, 8th December, 1941." "The Netherlands East Indies and the Portuguese portion of the Island of Timor were within the area coveted by Japan and described by her as the 'Greater East Asia Co-Prosperity Sphere," the indict- ment contends. Facts regarding the invasion of the Netherlands East Indies on January 11, 1942, ana invasion of Portuguese Timor, Febuary 19, 1942, conclude the historical summary incorporated within the indictment. Signers of the indictment include: Joseph B. Keenan, Chief of Counsel, for the United States of America; Hsiang Che-Chun, Republic of China; A.S. Comyns Carr, United Kingdom of Greet Britain and Northern Ireland; S.A. Golunsky, Union of Soviet Soci list Republics; A.J. Mansfield, Commonwealth of Aus* tralia; H.G. Nolan, Canada; Robert Onoto, Republic of France; W»G. F» Boegerhoff Mulder, Kingdom of the Netherlands; R. H. Cuilliam, New Zealand; ..nd Pedre Lopez for the Commonwealth of the Philippines. Mr. Carr also signed for p.p. Gevinda Fenon., for India, (more) :_n a statement summarizing the indictments, Mr. Koenan asserted that the prosectuion will contend that breaches of International Law "are crimes for which the personal responsibility lies not only upon the humbler individuals who actually commit specific breaches of the laws of war" but also upon those in higher positions '"-ho by their decisions bring about these violations. "The time has come," he said, "to iout into action this principle which has been boldly asserted and firmly established. The indict- ment involves no new law." It will be contended also, he declared, that "the intentional killing of a human being without lawful justification is murder by the law of every civilized country including Japan, by whose law even the intention is unnecejcary." Lawful belligerency, he said, would be a justification but the indictment alleges that Japan's belliger- ency was unlawful because it violated treaties forbidding aggression and was begun without a declaration of war. Specific instances of murder, he pointed out, are charged in the various surprise attacks on December 7 £nd 8, 1941, the slaughters in Chinese cities, and the attacks on Soviet territory. "It may seem strange," he asserted, "to include charges of mur- der in an indictment before an International Tribunal. But it is high time, and indeed was so before this war began, and that the promoters of aggressive, ruthless war and treaty-breakers should be stripped of the glamour of national heroes and exposed as what they really are—plain, ordinary murderers." In regard to the counts charging breaches of the laws and customs of war, Mr. Keenan stated that mild phrases used in the Con- ventions such as "inhumane treatment" indicate that the framers of the Conventions "never contemplated the possibility of such outrages as are alleged against Japan in the conduct of her wars from 1931 to 1945." The omission of any name from the indictaent, Mr. Keenan point- ed out, does not imply that the individual is exonerated from com- plicity in the ch~-rcres or may not be charged later. The numbers -13- were limited in this trial, he srid, "for convenience and cl:rity in presenting the case." Many of the principals, he asserted, are already dead. One of the principals, General Juichi Terauchi, former War Minister and Army leader in China, Burma and Thailand, is suffering from a brain disease in Malaya and is utterly incapable of standing trial, Mr. Keenan reported. "But the indictment," he said, "includes the survivors of those who, on the evidence at present available, appear to have major respo: sibility for most of the -hases and activities which contrib- uted to the crimes alleged against Japan."
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IMTFE indictment against Japanese war criminals
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