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60-536: Kuniaki Koiso ( 小磯 國昭 , Koiso Kuniaki , 22 March 1880 – 3 November 1950) was a Japanese politician, military leader and convicted war criminal who served as the 28th prime minister of Japan from 1944 to 1945 during World War II . He previously served as the ninth governor-general of Korea from 1942 to 1944. After Japan's surrender in World War II, he was convicted of war crimes and sentenced to life imprisonment . He died in prison in 1950. Koiso

120-524: A war of aggression , or a war in violation of international treaties, agreements, or assurances. Because the definition of a state of "war" may be debated, the term "war crime" itself has seen different usage under different systems of international and military law. It has some degree of application outside of what some may consider being a state of "war", but in areas where conflicts persist enough to constitute social instability. The legalities of war have sometimes been accused of containing favoritism toward

180-523: A duty to prevent" criminal behaviour by a military force. Despite having argued that he had obeyed superior orders , von Hagenbach was convicted, condemned to death , and beheaded. The Hague Conventions were international treaties negotiated at the First and Second Peace Conferences at The Hague , Netherlands, in 1899 and 1907, respectively, and were, along with the Geneva Conventions, among

240-658: A legal basis and framework for the conduct of war under international law. Every single member state of the United Nations has currently ratified the conventions, which are universally accepted as customary international law , applicable to every situation of armed conflict in the world. The Additional Protocols to the Geneva Conventions adopted in 1977 containing the most pertinent, detailed and comprehensive protections of international humanitarian law for persons and objects in modern warfare are still not ratified by several states continuously engaged in armed conflicts, namely

300-598: A member of the Supreme War Council from 1931 to 1934. He then received a posting as Commander of the Kwantung Army from 1934 to 1936 during which he was concurrently Japanese ambassador to Manchukuo . Minami was placed on the reserve list in 1936, after the February 26 Incident , and forced into retirement from active service. However, in 1936, Minami was appointed 8th Governor-General of Korea ,

360-480: A military objective are governed under principles such as of proportionality and military necessity and can be permissible. Military necessity "permits the destruction of life of ... persons whose destruction is incidentally unavoidable by the armed conflicts of the war; ... it does not permit the killing of innocent inhabitants for purposes of revenge or the satisfaction of a lust to kill. The destruction of property to be lawful must be imperatively demanded by

420-409: A more suitable alternative, their arguments prevailed. Moreover, Mitsumasa Yonai was appointed vice-prime minister as a way of dealing with strong objections to Koiso. Koiso attempted to end army-navy rivalry by creating a Supreme Chief of Staff (最高幕僚長), but this was structured to favor the army, thus bitter opposition from the navy doomed the plan. Instead, a Supreme War Guidance Council (最高戦争指導会議)

480-474: A plan or policy or as part of a large-scale commission of such crimes". To date, the present and former heads of state and heads of government that have been charged with war crimes include: War crimes are serious violations of the rules of customary and treaty law concerning international humanitarian law , criminal offenses for which there is individual responsibility. Colloquial definitions of war crime include violations of established protections of

540-588: A position he then held until 1942. His tenure in Korea was marked by a more hardline approach than his predecessors, with a rolling back of various liberal reforms of the 1920s. In addition, Minami outlawed all but one of the Korean-language newspapers and strongly pushed for the soshi-kamei policy. After his term in Korea, Minami served as a member of the Privy Council from 1942 to 1945 and had

600-730: A seat in the House of Peers in the Japanese Diet in 1945. After World War II , Minami was arrested by the American Occupation authorities and brought before the International Military Tribunal for the Far East . He was convicted only of Counts 1 and 27, of being a leader in the plan to wage an unprovoked war of aggression against China , largely since he was Minister of War at the time of

660-655: A string of defeats on all fronts at the hands of the Allies . Also during his premiership, on 10 November 1944, Wang Jingwei died of pneumonia in a Japanese hospital in Nagoya , which effectively was the end of the Reorganized National Government of China in northern China. For a time, Koiso considered making peace, but he could not find a solution that would appease both the Japanese military and

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720-529: Is a legitimate ruse of war , though fighting in combat or assassinating individuals behind enemy lines while so disguised is not, as it constitutes unlawful perfidy . Attacking enemy troops while they are being deployed by way of a parachute is not a war crime. Protocol I, Article 42 of the Geneva Conventions explicitly forbids attacking parachutists who eject from disabled aircraft and surrendering parachutists once landed. Article 30 of

780-513: Is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war , torture , taking hostages , unnecessarily destroying civilian property , deception by perfidy , wartime sexual violence , pillaging , and for any individual that is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing ,

840-419: Is called scorched earth policy for the military purpose of denying the use of ground for the enemy. The German troops retreating from Finnish Lapland believed Finland would be occupied by Soviet troops and destroyed many settlements while retreating to Norway under the command of Rendulic. He overestimated the perceived risk but argued that Hague IV authorized the destruction because it was necessary to war. He

900-569: Is unlawful. For aerial strikes, pilots generally have to rely on information supplied by external sources (headquarters, ground troops) that a specific position is in fact a military target. In the case of former Yugoslavia , NATO pilots hit a civilian object (the Chinese embassy in Belgrade ) that was of no military significance, but the pilots had no idea of determining it aside from their orders. The committee ruled that "the aircrew involved in

960-769: The Army Staff College . Commissioned a 2nd Lieutenant in the 30th Infantry Regiment in June 1901, he was promoted to Lieutenant in November 1903. During the Russo-Japanese War , he served as Battalion Adjutant in September 1904, Company Commander in March 1905 and was promoted to captain in June 1905. In November 1910, Koiso graduated from the Army Staff College , 33rd in a class of 55, and returned to

1020-678: The Hague Conventions of 1899 and 1907 for international war. In the aftermath of the Second World War, the war-crime trials of the leaders of the Axis powers established the Nuremberg principles of law, such as that international criminal law defines what is a war crime. In 1949, the Geneva Conventions legally defined new war crimes and established that states could exercise universal jurisdiction over war criminals. In

1080-643: The Imperial Japanese Army Academy . After graduating from the academy in February 1895, he was commissioned as a second lieutenant in the cavalry in May. He was promoted to lieutenant in October 1897 and to captain in November 1900. Minami served in the Russo-Japanese War as a member of the headquarters staff and as a company commander in the 1st Cavalry Regiment, where he participated in

1140-880: The Nuremberg Trials and Tokyo Trials have been convened. Recent examples are the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda , which were established by the UN Security Council acting under Chapter VIII of the UN Charter . Under the Nuremberg Principles , war crimes are different from crimes against peace . Crimes against peace include planning, preparing, initiating, or waging

1200-785: The Siege of Port Arthur . He was promoted to major in March 1905 and to lieutenant colonel in February 1910. Promoted to colonel in August 1915, he commanded the IJA 13th Cavalry Regiment from 1914 to 1917, during World War I . He was Chief of the Cavalry Section of the Ministry of War from 1917 to 1919. Attaining the rank of major general in July 1919, Minami served as commander of the IJA 3rd Cavalry Brigade in 1921–1923, then as Commandant of

1260-645: The U.N. Security Council adopted Resolution 1820 , which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide"; see also wartime sexual violence . In 2016, the International Criminal Court convicted someone of sexual violence for the first time; specifically, they added rape to a war crimes conviction of Congo Vice President Jean-Pierre Bemba Gombo . War crimes also included deliberate attacks on citizens and property of neutral states , such as

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1320-587: The laws of war , but also include failures to adhere to norms of procedure and rules of battle, such as attacking those displaying a peaceful flag of truce , or using that same flag as a ruse to mount an attack on enemy troops. The use of chemical and biological weapons in warfare are also prohibited by numerous chemical arms control agreements and the Biological Weapons Convention . Wearing enemy uniforms or civilian clothes to infiltrate enemy lines for espionage or sabotage missions

1380-761: The "Lieber Code." A small number of German military personnel of the First World War were tried in 1921 by the German Supreme Court for alleged war crimes. The modern concept of war crime was further developed under the auspices of the Nuremberg trials based on the definition in the London Charter that was published on August 8, 1945 (see Nuremberg principles ). Along with war crimes the charter also defined crimes against peace and crimes against humanity , which are often committed during wars and in concert with war crimes. Also known as

1440-698: The 1907 Hague Convention IV – The Laws and Customs of War on Land explicitly forbids belligerents to punish enemy spies without previous trial . The rule of war, also known as the Law of Armed Conflict , permits belligerents to engage in combat. A war crime occurs when superfluous injury or unnecessary suffering is inflicted upon an enemy. War crimes also include such acts as mistreatment of prisoners of war or civilians . War crimes are sometimes part of instances of mass murder and genocide though these crimes are more broadly covered under international humanitarian law described as crimes against humanity . In 2008,

1500-513: The Allies. Left with little choice but to continue the war effort, Koiso tried to extend his power over the army by attempting to assume the position of War Minister concurrently with that of Prime Minister, but was unable to legally do so as he was on the reserve list. Koiso resigned in April 1945 when American forces invaded Okinawa and his demands to be included in military decisions were rejected,

1560-543: The Army General Staff in July 1938. Koiso left active duty in July 1938. From April to August 1939, he served in the cabinet of Prime Minister Hiranuma Kiichirō as Minister of Colonial Affairs . He returned to the same post again from January to July 1940 under the Yonai administration . Koiso was appointed Governor-General of Korea , succeeding Jirō Minami , from May 1942 to 1944, during which time he gained

1620-586: The Blitz as well as the indiscriminate attacks on Allied cities with V-1 flying bombs and V-2 rockets , nor the Japanese for the aerial attacks on crowded Chinese cities. Controversy arose when the Allies re-designated German POWs (under the protection of the 1929 Geneva Convention on Prisoners of War ) as Disarmed Enemy Forces (allegedly unprotected by the 1929 Geneva Convention on Prisoners of War), many of which were then used for forced labor such as clearing minefields . By December 1945, six months after

1680-727: The Cavalry School in 1922–1923, and returned to the Imperial Japanese Army Academy as its commandant in 1923-1924. Minami was promoted to lieutenant general in February 1924 and commanded the IJA 16th Division from 1926 to 1927. After serving as Vice Chief Imperial Japanese Army General Staff from 1927 to 1929, he became Commander-in-Chief of the Chosen Army from 1929 to 1930. He was promoted to full general in March 1930. Returning to Japan, Minami

1740-883: The Field (Lieber Code) was written by Franz Lieber , a German lawyer , political philosopher , and veteran of the Napoleonic Wars . Lincoln made the Code military law for all wartime conduct of the Union Army . It defined command responsibility for war crimes and crimes against humanity as well as stated the military responsibilities of the Union soldier fighting the Confederate States of America . The Geneva Conventions are four related treaties adopted and continuously expanded from 1864 to 1949 that represent

1800-833: The Imperial Japanese Army Academy as an instructor in December 1910. Reassigned to the Kwantung Army General Staff in September 1912, Koiso was promoted to major and Battalion Commander of the 2d Infantry Regiment in August 1914. He returned to the Imperial Japanese Army General Staff Headquarters in June 1915, was promoted to lieutenant colonel in July 1918, and seconded to the Imperial Japanese Army Air Service in July 1921. After his promotion to colonel in February 1922, he

1860-482: The Japanese attack on Pearl Harbor . As the attack on Pearl Harbor happened while the U.S. and Japan were at peace and without a just cause for self-defense, the attack was declared by the Tokyo Trials to go beyond justification of military necessity and therefore constituted a war crime. War crimes are significant in international humanitarian law because it is an area where international tribunals such as

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1920-547: The Japanese Navy losing four aircraft carriers and three battleships during the Battle of Leyte Gulf . Although the strategy had failed, Koiso did not change his way of thinking. Late in 1944, Koiso still planned to send Prince Fumimaro Konoe on a peace mission to neutral countries, Switzerland and Sweden , but it came to nothing. During the remainder of Koiso's premiership in office, Japanese forces continued to suffer

1980-604: The Privy Seal Kōichi Kido and former prime minister Fumimaro Konoe , also did not favor Koiso, due to Koiso's previous involvement with the ultranationalist Sakura Kai and its attempted coup d'état against the government in 1931 (i.e. the " March Incident "). These reservations were shared by the Emperor in his Privy Council meetings. Koiso was supported by two former prime ministers, Mitsumasa Yonai and Hiranuma Kiichirō , and as no consensus could be reached on

2040-736: The Tokyo Trial, the Tokyo War Crimes Tribunal or simply as the Tribunal, it was convened on May 3, 1946, to try the leaders of the Empire of Japan for three types of crimes: "Class A" (crimes against peace), "Class B" (war crimes), and "Class C" (crimes against humanity), committed during World War II . On July 1, 2002, the International Criminal Court (ICC), a treaty-based court located in The Hague , came into being for

2100-462: The United States, Israel, India, Pakistan, Iraq, Iran, and others. Accordingly, states retain different codes and values about wartime conduct. Some signatories have routinely violated the Geneva Conventions in a way that either uses the ambiguities of law or political maneuvering to sidestep the laws' formalities and principles. The first three conventions have been revised and expanded, with

2160-478: The attack should not be assigned any responsibility for the fact they were given the wrong target and that it is inappropriate to attempt to assign criminal responsibility for the incident to senior leaders because they were provided with wrong information by officials of another agency". The report also notes that "Much of the material submitted to the OTP consisted of reports that civilians had been killed, often inviting

2220-418: The conclusion to be drawn that crimes had therefore been committed. Collateral casualties to civilians and collateral damage to civilian objects can occur for a variety of reasons." The Rendulic Rule is a standard by which commanders are judged. German General Lothar Rendulic was charged for ordering extensive destruction of civilian buildings and lands while retreating from a suspected enemy attack in what

2280-641: The course of fighting. The United Nations defines war crimes as described in Article 8 of the Rome statute , the treaty that established the International Criminal Court: Under the law of armed conflict (LOAC), the death of non-combatants is not necessarily a violation; there are many things to take into account. Civilians cannot be made the object of an attack, but the death/injury of civilians while conducting an attack on

2340-598: The first formal statements of the laws of war and war crimes in the nascent body of secular international law . The Lieber Code was written early in the American Civil War and President Abraham Lincoln issued as General Order 100 on April 24, 1863, just months after the military executions at Mankato, Minnesota . General Order 100, Instructions for the Government of the Armies of the United States in

2400-484: The fourth one added in 1949: Two Additional Protocols were adopted in 1977 with the third one added in 2005, completing and updating the Geneva Conventions: Just after WWI, world governments started to try and systematically create a code for how war crimes would be defined. Their first outline of a law was " Instructions for the Government of Armies of the United States in the Field" —also known as

2460-596: The general entrusted with the defense of the Philippines, Tomoyuki Yamashita , disagreed with the planners in the Southern Expeditionary Army. As such, the Army and Navy could not agree on a coordinated plan. Nevertheless, the defenders were prepared to make considerable sacrifices when Douglas MacArthur invaded Leyte on October 17, with the first kamikaze attack carried out on October 21, and

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2520-535: The granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity . The formal concept of war crimes emerged from the codification of the customary international law that applied to warfare between sovereign states , such as the Lieber Code (1863) of the Union Army in the American Civil War and

2580-1021: The independence of Kyushu or Hokkaido ." After the Allied landing in Normandy (June 6) and the successful capture of Saipan (9 July), Hideki Tojo resigned and a new cabinet was formed. In selecting a new prime minister , the elder statesmen narrowed the candidates down to three: Hisaichi Terauchi (commander of the Southern Expeditionary Army Group ), Shunroku Hata (commander of the China Expeditionary Army ), and Koiso. The Army strongly favored General Hisaichi Terauchi ; however, they could not afford to recall him to Japan from his role as commander-in-chief of all Japanese forces in Southeast Asia . The civilian government, especially Lord Keeper of

2640-409: The late 20th century and early 21st century, international courts extrapolated and defined additional categories of war crimes applicable to a civil war . In 1474, the first trial for a war crime was that of Peter von Hagenbach , realised by an ad hoc tribunal of the Holy Roman Empire , for his command responsibility for the actions of his soldiers, because "he, as a knight, was deemed to have

2700-406: The legal question of whether the expected incidental harm is excessive may be very subjective. For this reason, States have chosen to apply a "clearly excessive" standard for determining whether a criminal violation has occurred. When there is no justification for military action, such as civilians being made the object of attack, a proportionality analysis is unnecessary to conclude that the attack

2760-407: The more radical Kōdōha (Action Faction) under Sadao Araki . In February 1932, Koiso became Vice-Minister of War and in August 1932, concurrently Chief of Staff of the Kwantung Army. In March 1934, he was transferred to command the IJA 5th Division ( Hiroshima ). He then assumed command of the Chōsen Army in Korea from December 1935. Promoted to full general in November 1937, he joined

2820-489: The necessities of war." For example, conducting an operation on an ammunition depot or a terrorist training camp would not be prohibited because a farmer is plowing a field in the area; the farmer is not the object of attack and the operations would adhere to proportionality and military necessity. On the other hand, an extraordinary military advantage would be necessary to justify an operation posing risks of collateral death or injury to thousands of civilians. In "grayer" cases

2880-426: The nickname "The Tiger of Korea" for his looks rather than his military prowess. Koiso continued his predecessor's hardline policies, such as imposing the highly unpopular universal military conscription on Koreans, which forced them to fight for the Japanese, on August 1, 1943. When news of Korean independence reached him after the war, Koiso scoffed "the dream of Korean independence is as foolish as trying to plot

2940-479: The prosecution of war crimes committed on or after that date. Several nations, most notably the United States, China, Russia, and Israel, have criticized the court. The United States still participates as an observer. Article 12 of the Rome Statute provides jurisdiction over the citizens of non-contracting states if they are accused of committing crimes in the territory of one of the state parties. The ICC only has jurisdiction over these crimes when they are "part of

3000-401: The same date the Imperial Japanese Navy flagship Yamato was sunk by American aircraft during Operation Ten-Go . Koiso was an ardent supporter of State Shinto along with Heisuke Yanagawa , who directed the Government Imperial Aid Association. He restored the ancient sacred rites in the Sukumo river, near Hakone , the " Preliminary Misogi Rite ". After the end of World War II, Koiso

3060-417: The war had ended, it was estimated by French authorities that 2,000 German prisoners were still being killed or maimed each month in mine-clearing accidents. The wording of the 1949 Third Geneva Convention was intentionally altered from that of the 1929 convention so that soldiers who "fall into the power" following surrender or mass capitulation of an enemy are now protected as well as those taken prisoner in

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3120-438: The winners (" Victor's justice "), as some controversies have not been ruled as war crimes. Some examples include the Allies ' destruction of Axis cities during World War II , such as the firebombing of Dresden , the Operation Meetinghouse raid on Tokyo (the most destructive single bombing raid in history), and the atomic bombings of Hiroshima and Nagasaki . In regard to the strategic bombing during World War II , there

3180-418: Was acquitted of that charge. Under the "Rendulic Rule" persons must assess the military necessity of an action based on the information available to them at that time; they cannot be judged based on information that subsequently comes to light. Jir%C5%8D Minami Born to an ex- samurai family in Hiji , Ōita Prefecture , Minami came to Tokyo as a boarding student, and was eventually accepted into

3240-411: Was appointed Minister of War in the Wakatsuki Cabinet in 1931. As War Minister, his role dispatched Major General Yoshitsugu Tatekawa to Manchuria specifically to curb the militarist behaviors of the Kwantung Army , but the Mukden Incident took place to worsen Sino-Japanese relations before Tatekawa could act. Minami was War Minister during the Imperial Colors Incident . Minami served as

3300-416: Was arrested by the Allied occupation powers and tried by the International Military Tribunal for the Far East for war crimes . Upon conviction as a Class-A war criminal on counts 1, 27, 29, 31, 32 and 55, he was given a sentence of life imprisonment . The Tribunal specifically cited Koiso's decisive role in starting the wars against China and the Allies. "Furthermore, despite the fact that Kuniaki Koiso

3360-431: Was born on March 22, 1880, in Utsunomiya , Tochigi Prefecture , the first son of chief inspector of police and shizoku (former samurai ) Koiso Susumu. He attended eight different schools, graduating from Yamagata Middle School (today Yamagata Prefectural Yamagata East High School). He was accepted as an officer candidate in 1898. Koiso graduated from the Imperial Japanese Army Academy in 1900 and went on to attend

3420-429: Was created (August 4, 1944 – August 22, 1945). Koiso was not taken seriously at Council meetings, where he was openly contradicted by Hata Hikosaburo. Within the top levels of the Imperial Army, rumors circulated that the Koiso Cabinet would only last two months (it lasted nine months). Koiso's strategy for ending the war was to strike a hard blow against the American Army in the Philippines, forcing negotiations. However,

3480-402: Was no international treaty or instrument protecting a civilian population specifically from attack by aircraft, therefore the aerial attacks on civilians were not officially war crimes. The Allies at the trials in Nuremberg and Tokyo never prosecuted the Germans, including Luftwaffe commander-in-chief Hermann Göring , for the bombing raids on Warsaw , Rotterdam , and British cities during

3540-422: Was not directly responsible for the war crimes committed by the Japanese Army, he took no measures to prevent them or to punish the perpetrators when, as Prime Minister, it was within his power to do so." Koiso died of esophageal cancer in Sugamo Prison in 1950. His grave is at the Aoyama Cemetery in central Tokyo. From the corresponding article in the Japanese Misplaced Pages War criminal A war crime

3600-486: Was sent as a military attaché to Europe in June 1922, returning to assume command of the IJA 51st Division in August 1923. Returning to the Army General Staff in May 1925, he was promoted to major general in December 1926 and lieutenant general in August 1931. During the 1920s Koiso joined the relatively moderate Tōseiha (Control Faction) led by General Kazushige Ugaki , along with Gen Sugiyama , Yoshijirō Umezu , Tetsuzan Nagata , and Hideki Tōjō as opposed to

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