Misplaced Pages

#880119

152-830: Following Japan's defeat and occupation by the Allies , the Supreme Commander for the Allied Powers , United States General Douglas MacArthur , issued a special proclamation establishing the IMTFE. A charter was drafted to establish the court's composition, jurisdiction, and procedures; the crimes were defined based on the Nuremberg Charter . The Tokyo War Crimes Tribunal was composed of judges, prosecutors, and staff from eleven countries that had fought against Japan: Australia , Canada , China , France , India ,

304-505: A lazaret and prisoner camp for around 6,000 POWs who lived in the burial vaults and used the coffins for firewood. Food was scarce and prisoners resorted to eating horses, cats, dogs or even human flesh. The bad conditions inside the graveyard contributed to a city-wide epidemic after the battle. The extensive period of conflict during the American Revolutionary War and Napoleonic Wars (1793–1815), followed by

456-418: A war of aggression , murder , ill treatment, and deportation of individuals, and genocide during World War II. Most were executed or sentenced to life in prison for their crimes. The United States Military Code of Conduct was promulgated in 1955 via Executive Order 10631 under President Dwight D. Eisenhower to serve as a moral code for United States service members who have been taken prisoner. It

608-507: A "verdict reached by a Tribunal after a defective procedure cannot be a valid one." "It is well-nigh impossible to define the concept of initiating or waging a war of aggression both accurately and comprehensively," wrote Justice Bert Röling of the Netherlands in his dissent. He stated, "I think that not only should there have been neutrals in the court, but there should have been Japanese also." He argued that they would always have been

760-469: A 1927 document known as the Tanaka Memorial showed that a "common plan or conspiracy" to commit "crimes against peace" bound the accused together. Thus, the prosecution argued that the conspiracy had begun in 1927 and continued through to the end of the war in 1945. The Tanaka Memorial is now considered by most historians to have been an anti-Japanese forgery; however, it was not regarded as such at

912-491: A captured officer surrendered his sword and gave his word as a gentleman in exchange for privileges. If he swore not to escape, he could gain better accommodations and the freedom of the prison. If he swore to cease hostilities against the nation who hold him captive, he could be repatriated or exchanged but could not serve against his former captors in a military capacity. Early historical narratives of captured European settlers, including perspectives of literate women captured by

1064-958: A common Anglo-American vision of the postwar world, as formalized by the Atlantic Charter . At the Second Inter-Allied Meeting in London in September 1941, the eight European governments in exile, together with the Soviet Union and representatives of the Free French Forces, unanimously adopted adherence to the common principles of policy set forth in the Atlantic Charter. In December, Japan attacked American and British territories in Asia and

1216-481: A death rate of 25% (2,963), nearly equalled that of Andersonville. During the 19th century , there were increased efforts to improve the treatment and processing of prisoners. As a result of these emerging conventions, a number of international conferences were held, starting with the Brussels Conference of 1874, with nations agreeing that it was necessary to prevent inhumane treatment of prisoners and

1368-508: A dissenting opinion: he found the entire prosecution case to be weak regarding the conspiracy to commit an act of aggressive war, which would include the brutalization and subjugation of conquered nations. About the Nanking Massacre —while acknowledging the brutality of the incident—he said that there was nothing to show that it was the "product of government policy" or that Japanese government officials were directly responsible. There

1520-612: A domination of the world completely different from any known in world history. The domination at which the Nazis aim is not limited to the displacement of the balance of power and the imposition of the supremacy of one nation. It seeks the systematic and total destruction of those conquered by Hitler and it does not treaty with the nations which it has subdued. He destroys them. He takes from them their whole political and economic existence and seeks even to deprive them of their history and culture. He wishes only to consider them as vital space and

1672-575: A formalized group upon the Declaration by United Nations on 1 January 1942, which was signed by 26 nations around the world; these ranged from governments in exile from the Axis occupation to small nations far removed from the war. The Declaration officially recognized the Big Three and China as the "Four Powers", acknowledging their central role in prosecuting the war; they were also referred to as

SECTION 10

#1732765134881

1824-443: A hundred attorneys, three-quarters of them Japanese and one-quarter American, plus a support staff. The defense opened its case on January 27, 1947, and finished its presentation 225 days later on September 9, 1947. The defense argued that the trial could never be free from substantial doubt as to its "legality, fairness and impartiality". The defense challenged the indictment, arguing that crimes against peace, and more specifically,

1976-456: A judgment in which he dismissed the legitimacy of the IMTFE as victor's justice : "I would hold that each and every one of the accused must be found not guilty of each and every one of the charges in the indictment and should be acquitted on all those charges." While taking into account the influence of wartime propaganda, exaggerations, and distortions of facts in the evidence, and "over-zealous" and "hostile" witnesses, Pal concluded, "The evidence

2128-599: A justice of the U.S. Supreme Court . Justice Jaranilla had been captured by the Japanese and survived the Bataan Death March. The defense sought to remove him from the bench claiming he would be unable to maintain objectivity. The request was rejected but Jaranilla did excuse himself from presentation of evidence for atrocities in his native country of the Philippines. Justice Radhabinod Pal argued that

2280-549: A key role in achieving victory. A series of conferences between Allied leaders, diplomats, and military officials gradually shaped the makeup of the alliance, the direction of the war, and ultimately the postwar international order. Relations between the United Kingdom and the United States were especially close , with their bilateral Atlantic Charter forming the groundwork of their alliance. The Allies became

2432-644: A large part of human history, prisoners of war would most often be either slaughtered or enslaved . Early Roman gladiators could be prisoners of war, categorised according to their ethnic roots as Samnites , Thracians , and Gauls ( Galli ). Homer's Iliad describes Trojan and Greek soldiers offering rewards of wealth to opposing forces who have defeated them on the battlefield in exchange for mercy, but their offers are not always accepted; see Lycaon for example. Typically, victors made little distinction between enemy combatants and enemy civilians, although they were more likely to spare women and children. Sometimes

2584-458: A large reception camp was established at Dover capable of housing 40,000 men, which could later be used for demobilisation . On 13 December 1918, the armistice was extended and the Allies reported that by 9 December 264,000 prisoners had been repatriated. A very large number of these had been released en masse and sent across Allied lines without any food or shelter. This created difficulties for

2736-544: A large unit surrendered all its men. At Tannenberg 92,000 Russians surrendered during the battle. When the besieged garrison of Kaunas surrendered in 1915, 20,000 Russians became prisoners. Over half the Russian losses were prisoners as a proportion of those captured, wounded or killed. About 3.3 million men became prisoners. The German Empire held 2.5 million prisoners; Russia held 2.9 million, and Britain and France held about 720,000, mostly gained in

2888-664: A massive air attack on Germany, but Stalin kept wanting more. Although the U.S. had a strained relationship with the USSR in the 1920s, relations were normalized in 1933. The original terms of the Lend-Lease loan were amended towards the Soviets, to be put in line with British terms. The United States would now expect interest with the repayment from the Soviets, following the initiation of the Operation Barbarossa , at

3040-523: A minority and therefore would not have been able to sway the balance of the trial. However, "they could have convincingly argued issues of government policy which were unfamiliar to the Allied justices." Pointing out the difficulties and limitations in holding individuals responsible for an act of state and making omission of responsibility a crime, Röling called for the acquittal of several defendants, including Hirota. Justice Radhabinod Pal of India produced

3192-440: A quality at least equal to that available to locals. The senior officer from each quadrangle was permitted to inspect the food as it was delivered to the prison to ensure it was of sufficient quality. Despite the generous supply and quality of food, some prisoners died of starvation after gambling away their rations. Most of the men held in the prison were low-ranking soldiers and sailors, including midshipmen and junior officers, with

SECTION 20

#1732765134881

3344-530: A quarter of the over 2 million POWs held there died. Nearly 375,000 of the 500,000 Austro-Hungarian prisoners of war taken by Russians perished in Siberia from smallpox and typhus . In Germany, food was short, but only 5 per cent died. The Ottoman Empire often treated prisoners of war poorly . Some 11,800 British soldiers, most from the British Indian Army , became prisoners after

3496-457: A ransom. During his lifetime ( c.  570 – 632), Muhammad made it the responsibility of the Islamic government to provide food and clothing, on a reasonable basis, to captives, regardless of their religion; however, if the prisoners were in the custody of a person, then the responsibility was on the individual. On certain occasions where Muhammad felt the enemy had broken a treaty with

3648-425: A report on the circumstances of their capture and to ensure that they had done all they could to avoid capture. Each returning officer and man was given a message from King George V , written in his own hand and reproduced on a lithograph. The Queen joins me in welcoming you on your release from the miseries & hardships, which you have endured with so much patience and courage. During these many months of trial,

3800-669: A separate colony. British Malaya covers the areas of Peninsular Malaysia and Singapore , while British Borneo covers the area of Brunei , including Sabah and Sarawak of Malaysia. British Hong Kong consisted of Hong Kong Island , the Kowloon Peninsula , and the New Territories . Territories controlled by the Colonial Office , namely the Crown Colonies , were controlled politically by

3952-578: A small number of privateers . About 100 senior officers and some civilians "of good social standing", mainly passengers on captured ships and the wives of some officers, were given parole outside the prison, mainly in Peterborough although some further afield. They were afforded the courtesy of their rank within English society. During the Battle of Leipzig both sides used the city's cemetery as

4104-599: A vacant territory over which he has every right. The human beings who constitute these nations are for him only cattle. He orders their massacre or migration. He compels them to make room for their conquerors. He does not even take the trouble to impose any war tribute on them. He just takes all their wealth and, to prevent any revolt, he scientifically seeks the physical and moral degradation of those whose independence he has taken away. France experienced several major phases of action during World War II: In Africa these included: French West Africa , French Equatorial Africa ,

4256-415: Is "no evidence, testimonial or circumstantial, concomitant, prospectant, restrospectant, that would in any way lead to the inference that the government in any way permitted the commission of such offences," he said. In any case, he added, conspiracy to wage aggressive war was not illegal in 1937, or at any point since. In addition, Pal thought the refusal to try what he perceived as Allied crimes (particularly

4408-652: Is guided by Additional Protocol II , but insurgents are often treated as traitors , terrorists or criminals by government forces and are sometimes executed on spot or tortured. However, in the American Civil War , both sides treated captured troops as POWs presumably out of reciprocity , although the Union regarded Confederate personnel as separatist rebels. However, guerrillas and other irregular combatants generally cannot expect to receive benefits from both civilian and military status simultaneously. Under

4560-574: Is still overwhelming that atrocities were perpetrated by the members of the Japanese armed forces against the civilian population of some of the territories occupied by them as also against the prisoners of war." One defendant, Shūmei Ōkawa , was found mentally unfit for trial and the charges were dropped. Two defendants, Yōsuke Matsuoka and Osami Nagano , died of natural causes during the trial. Six defendants were sentenced to death by hanging for war crimes, crimes against humanity, and crimes against peace (Class A, Class B and Class C): One defendant

4712-485: The Anglo-American War of 1812 , led to the emergence of a cartel system for the exchange of prisoners , even while the belligerents were at war. A cartel was usually arranged by the respective armed service for the exchange of like-ranked personnel. The aim was to achieve a reduction in the number of prisoners held, while at the same time alleviating shortages of skilled personnel in the home country. At

International Military Tribunal for the Far East - Misplaced Pages Continue

4864-552: The British West Indies , British Honduras , British Guiana and the Falkland Islands . The Dominion of Newfoundland was directly ruled as a royal colony from 1933 to 1949, run by a governor appointed by London who made the decisions regarding Newfoundland. British India included the areas and peoples covered by later India , Bangladesh , Pakistan and (until 1937) Burma/Myanmar , which later became

5016-862: The Czechoslovak Legion of Czechoslovak prisoners (from the Austro-Hungarian army) who were released and armed to fight on the side of the Entente, who briefly served as a military and diplomatic force during the Russian Civil War . At the end of the war in 1918 there were believed to be 140,000 British prisoners of war in Germany, including thousands of internees held in neutral Switzerland. The first British prisoners were released and reached Calais on 15 November. Plans were made for them to be sent via Dunkirk to Dover and

5168-588: The Dix–Hill Cartel was suspended, Confederate officials approached Union General Benjamin Butler, Union Commissioner of Exchange, about resuming the cartel and including the black prisoners. Butler contacted Grant for guidance on the issue, and Grant responded to Butler on 18 August 1864 with his now famous statement. He rejected the offer, stating in essence, that the Union could afford to leave their men in captivity,

5320-764: The Netherlands , New Zealand , the Philippines , the Soviet Union , the United Kingdom , and the United States ; the defense consisted of Japanese and American lawyers. The Tokyo Trial exercised broader temporal jurisdiction than its counterpart in Nuremberg, beginning from the 1931 Japanese invasion of Manchuria . Twenty-eight high-ranking Japanese military and political leaders were tried by

5472-467: The Roman Empire , who were held in his town under appalling conditions and destined for a life of slavery, took the initiative in ransoming them by selling his church's precious gold and silver vessels and letting them return to their country. For this he was eventually canonised . According to legend, during Childeric 's siege and blockade of Paris in 464 the nun Geneviève (later canonised as

5624-494: The Third Geneva Convention , a combatant must be part of a chain of command , wear a "fixed distinctive marking, visible from a distance", bear arms openly, and have conducted military operations according to the laws and customs of war . (The Convention recognises a few other groups as well, such as "[i]nhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist

5776-651: The Third Geneva Convention , prisoners of war (POW) must be: In addition, if wounded or sick on the battlefield, the prisoner will receive help from the International Committee of the Red Cross. When a country is responsible for breaches of prisoner of war rights, those accountable will be punished accordingly. An example of this is the Nuremberg and Tokyo Trials . German and Japanese military commanders were prosecuted for preparing and initiating

5928-403: The indigenous peoples of North America , exist in some number. The writings of Mary Rowlandson , captured in the chaotic fighting of King Philip's War , are an example. Such narratives enjoyed some popularity, spawning a genre of the captivity narrative , and had lasting influence on the body of early American literature, most notably through the legacy of James Fenimore Cooper 's The Last of

6080-567: The " Big Four " – the United Kingdom , United States , Soviet Union , and China . Membership in the Allies varied during the course of the war. When the conflict broke out on 1 September 1939, the Allied coalition consisted of the United Kingdom, France , and Poland , as well as their respective dependencies , such as British India . They were joined by the independent dominions of the British Commonwealth : Canada , Australia , New Zealand and South Africa . Consequently,

6232-523: The " trusteeship of the powerful", and later as the " Four Policemen " of the United Nations. Many more countries joined through to the final days of the war, including colonies and former Axis nations. After the war ended, the Allies, and the Declaration that bound them, would become the basis of the modern United Nations ; one enduring legacy of the alliance is the permanent membership of

International Military Tribunal for the Far East - Misplaced Pages Continue

6384-399: The "best" or most authentic evidence must be produced (for example, a map instead of a description of the map; an original instead of a copy; and a witness instead of a description of what the witness may have said). Justice Pal, one of two justices to vote for acquittal on all counts, observed, "in a proceeding where we had to allow the prosecution to bring in any amount of hearsay evidence, it

6536-432: The 11th and 12th centuries. Noblemen could hope to be ransomed ; their families would have to send to their captors large sums of wealth commensurate with the social status of the captive. Feudal Japan had no custom of ransoming prisoners of war, who could expect for the most part summary execution. In the 13th century the expanding Mongol Empire famously distinguished between cities or towns that surrendered (where

6688-704: The 13th-century Albigensian Crusade in Languedoc and the Northern Crusades in the Baltic region . When asked by a Crusader how to distinguish between the Catholics and Cathars following the projected capture (1209) of the city of Béziers , the papal legate Arnaud Amalric allegedly replied, " Kill them all, God will know His own ". Likewise, the inhabitants of conquered cities were frequently massacred during Christians' Crusades against Muslims in

6840-500: The 1920s, culminating in the invasion of Manchuria in 1931. The League of Nations strongly condemned the attack as an act of aggression against China; Japan responded by leaving the League in 1933. The second Sino-Japanese War erupted in 1937 with Japan's full-scale invasion of China. The League of Nations condemned Japan's actions and initiated sanctions; the United States, which had attempted to peacefully negotiate for peace in Asia,

6992-693: The 1949 Geneva Conventions , POWs acquires the status of protected persons , meaning it is a war crime by the detaining power to deprive the rights afforded to them by the Third Convention's provisions. Article 17 of the Third Geneva Convention states that POWs can only be required to give their name , date of birth , rank and service number (if applicable). The ICRC has a special role to play, with regards to international humanitarian law , in restoring and maintaining family contact in times of war , in particular concerning

7144-566: The Allied Council to act as official witnesses. Sixteen defendants were sentenced to life imprisonment. Three (Koiso, Shiratori, and Umezu) died in prison, while the other thirteen were paroled between 1952 and 1958: The verdict and sentences of the tribunal were confirmed by MacArthur on November 24, 1948, two days after a perfunctory meeting with members of the Allied Control Commission for Japan , who acted as

7296-650: The Allied powers agreed to release the last of the convicted major war criminals from captivity. More than 5,700 lower-ranking personnel were charged with conventional war crimes in separate trials convened by Australia , China , France , the Netherlands Indies , the Philippines , the United Kingdom , and the United States . The charges covered a wide range of crimes including prisoner abuse, rape, sexual slavery, torture, ill-treatment of laborers, execution without trial, and inhumane medical experiments. The trials took place in around fifty locations in Asia and

7448-557: The Allies established three broad categories: The indictment accused the defendants of promoting a scheme of conquest that: [C]ontemplated and carried out ... murdering, maiming and ill-treating prisoners of war (and) civilian internees ... forcing them to labor under inhumane conditions ... plundering public and private property , wantonly destroying cities , towns and villages beyond any justification of military necessity ; (perpetrating) mass murder , rape , pillage, brigandage , torture and other barbaric cruelties upon

7600-682: The American Harry Hopkins . It is also often called the "Strange Alliance", because it united the leaders of the world's greatest capitalist state (the United States), the greatest socialist state (the Soviet Union) and the greatest colonial power (the United Kingdom). Relations between them resulted in the major decisions that shaped the war effort and planned for the postwar world. Cooperation between

7752-465: The Big Three leaders, although they were not enough to break the alliance during wartime. In 1942 Roosevelt proposed becoming, with China, the Four Policemen of world peace. Although the 'Four Powers' were reflected in the wording of the Declaration by United Nations , Roosevelt's proposal was not initially supported by Churchill or Stalin. Division emerged over the length of time taken by

SECTION 50

#1732765134881

7904-691: The British Government during the Second World War and made part of the British Army structure. It was mostly Greek Cypriot volunteers and Turkish Cypriot inhabitants of Cyprus but also included other Commonwealth nationalities. On a brief visit to Cyprus in 1943, Winston Churchill praised the "soldiers of the Cyprus Regiment who have served honourably on many fields from Libya to Dunkirk". About 30,000 Cypriots served in

8056-682: The Confederacy could not. After that about 56,000 of the 409,000 POWs died in prisons during the American Civil War , accounting for nearly 10% of the conflict's fatalities. Of the 45,000 Union prisoners of war confined in Camp Sumter , located near Andersonville, Georgia , 13,000 (28%) died. At Camp Douglas in Chicago, Illinois, 10% of its Confederate prisoners died during one cold winter month; and Elmira Prison in New York state, with

8208-655: The Cyprus Regiment. The regiment was involved in action from the very start and served at Dunkirk , in the Greek Campaign (about 600 soldiers were captured in Kalamata in 1941), North Africa ( Operation Compass ), France, the Middle East and Italy. Many soldiers were taken prisoner especially at the beginning of the war and were interned in various PoW camps ( Stalag ) including Lamsdorf ( Stalag VIII-B ), Stalag IVC at Wistritz bei Teplitz and Stalag 4b near Most in

8360-541: The Czech Republic. The soldiers captured in Kalamata were transported by train to prisoner of war camps. After Germany invaded Poland, France declared war on Germany on 3 September 1939. In January 1940, French Prime Minister Édouard Daladier made a major speech denouncing the actions of Germany: At the end of five months of war, one thing has become more and more clear. It is that Germany seeks to establish

8512-406: The Declaration was signed by Iraq, Iran, Brazil, Bolivia and Colombia. A Tripartite Treaty of Alliance with Britain and the USSR formalised Iran's assistance to the Allies. In Rio de Janeiro , Brazilian dictator Getúlio Vargas was considered near to fascist ideas, but realistically joined the United Nations after their evident successes. In 1944, Liberia and France signed. The French situation

8664-613: The German war machine. On 1 September 1939, Germany invaded Poland ; two days later Britain and France declared war on Germany. Roughly two weeks after Germany's attack, the Soviet Union invaded Poland from the east. Britain and France established the Anglo-French Supreme War Council to coordinate military decisions. A Polish government-in-exile was set up in London, joined by hundreds of thousands of Polish soldiers, which would remain an Allied nation until

8816-484: The IMTFE Charter, issued on January 19, 1946. There was major disagreement, both among the Allies and within their administrations, about whom to try and how to try them. Despite the lack of consensus, General Douglas MacArthur , the Supreme Commander of the Allied Powers , decided to initiate arrests. On September 11, a week after the surrender, he ordered the arrest of 39 suspects—most of them members of General Hideki Tojo 's war cabinet. Tojo tried to commit suicide but

8968-455: The International Military Tribunal for the Far East, as the United States believed it needed him to maintain order in Japan and achieve their postwar objectives. The prosecution began opening statements on May 3, 1946, and took 192 days to present its case, finishing on January 24, 1947. It submitted its evidence in fifteen phases. The Tribunal embraced the best evidence rule once the Prosecution had rested. The best evidence rule dictates that

9120-425: The Japanese attack on Pearl Harbor in December 1941, after which it declared war and officially joined the Allies. China had already been at war with Japan since 1937 , and formally joined the Allies in December 1941. The Allies were led by the so-called "Big Three"—the United Kingdom, the Soviet Union, and the United States—which were the principal contributors of manpower, resources, and strategy, each playing

9272-563: The Jordan Valley. Australian Flying Corps pilots and observers were captured in the Sinai Peninsula, Palestine and the Levant. One third of all Australian prisoners were captured on Gallipoli including the crew of the submarine AE2 which made a passage through the Dardanelles in 1915. Forced marches and crowded railway journeys preceded years in camps where disease, poor diet and inadequate medical facilities prevailed. About 25 per cent of other ranks died, many from malnutrition, while only one officer died. The most curious case came in Russia where

SECTION 60

#1732765134881

9424-483: The League of Nations mandates of French Cameroun and French Togoland , French Madagascar , French Somaliland , and the protectorates of French Tunisia and French Morocco . French Algeria was then not a colony or dependency but a fully-fledged part of metropolitan France . Prisoner of war A prisoner of war ( POW ) is a person who is held captive by a belligerent power during or immediately after an armed conflict . The earliest recorded usage of

9576-446: The Mohicans . Some Native Americans continued to capture Europeans and use them both as labourers and bargaining chips into the 19th century; see for example John R. Jewitt , a sailor who wrote a memoir about his years as a captive of the Nootka people on the Pacific Northwest coast from 1802 to 1805. The earliest known purpose-built prisoner-of-war camp was established at Norman Cross in Huntingdonshire, England in 1797 to house

9728-427: The Muslims he endorsed the mass execution of male prisoners who participated in battles, as in the case of the Banu Qurayza in 627. The Muslims divided up the females and children of those executed as ghanima (spoils of war). In Europe, the treatment of prisoners of war became increasingly centralised, in the time period between the 16th and late 18th century. Whereas prisoners of war had previously been regarded as

9880-410: The Pacific, resulting in the U.S. formally entering the war as an Allied power. Still reeling from Japanese aggression, China declared war on all the Axis powers shortly thereafter. By the end of 1941, the main lines of World War II had formed. Churchill referred to the "Grand Alliance" of the United Kingdom, the United States, and the Soviet Union, which together played the largest role in prosecuting

10032-543: The Pacific. Most trials were completed by 1949, but Australia held some trials in 1951. China held 13 tribunals, resulting in 504 convictions and 149 executions. Of the 5,700 Japanese individuals indicted for Class B war crimes, 984 were sentenced to death; 475 received life sentences; 2,944 were given more limited prison terms; 1,018 were acquitted; and 279 were never brought to trial or not sentenced. The Soviet Union and Chinese Communist forces also held trials of Japanese war criminals. The Khabarovsk War Crime Trials held by

10184-430: The Pentagon which has a "POW/Missing Personnel Office" and awards the Prisoner of War Medal . During World War I, about eight million men surrendered and were held in POW camps until the war ended. All nations pledged to follow the Hague rules on fair treatment of prisoners of war, and in general the POWs had a much higher survival rate than their peers who were not captured. Individual surrenders were uncommon; usually

10336-554: The Soviet Union's refusal to sign the Geneva Convention as a reason for not providing the necessities of life to Soviet POWs; and the Soviets also used Axis prisoners as forced labour. The Germans also routinely executed Allied commandos captured behind German lines per the Commando Order . To be entitled to prisoner-of-war status, captured persons must be lawful combatants entitled to combatant's privilege—which gives them immunity from punishment for crimes constituting lawful acts of war such as killing enemy combatants . To qualify under

10488-399: The Soviet Union, were accepted as members of the United Nations as a way to provide greater influence to Stalin, who had only Yugoslavia as a communist partner in the alliance. British Prime Minister, Neville Chamberlain delivered his Ultimatum Speech on 3 September 1939 which declared war on Germany , a few hours before France. As the Statute of Westminster 1931 was not yet ratified by

10640-689: The Soviets tried and found guilty some members of Japan's bacteriological and chemical warfare unit, also known as Unit 731 . However, those who surrendered to the Americans were never brought to trial. As Supreme Commander for the Allied Powers , MacArthur gave immunity to Shiro Ishii and all members of the bacteriological research units in exchange for germ warfare data based on human experimentation . On May 6, 1947, he wrote to Washington that "additional data, possibly some statements from Ishii probably can be obtained by informing Japanese involved that information will be retained in intelligence channels and will not be employed as 'War Crimes' evidence." The deal

10792-433: The Tokyo Trial proposed to do. The defense attacked the notion of negative criminality, by which the defendants were to be tried for failing to prevent breaches of law and war crimes by others, as likewise having no basis in international law. The defense argued that Allied Powers' violations of international law should be examined. Former Foreign Minister Shigenori Tōgō maintained that Japan had had no choice but to enter

10944-482: The Tokyo tribunal commenced, MacArthur's highest subordinates were working to attribute ultimate responsibility for Pearl Harbor to Hideki Tōjō ." According to a written report by Shūichi Mizota, Admiral Mitsumasa Yonai 's interpreter, Fellers met the two men at his office on March 6, 1946, and told Yonai, "It would be most convenient if the Japanese side could prove to us that the emperor is completely blameless. I think

11096-701: The Treaty of Versailles and made claims over German-populated Austria and the German-populated territories of Czechoslovakia. The likelihood of war was high, but none of the major powers had the appetite for another conflict; many governments sought to ease tensions through nonmilitary strategies such as appeasement . Japan, which was a principal allied power in the First World War, had since become increasingly militaristic and imperialistic; parallel to Germany, nationalist sentiment increased throughout

11248-620: The U.N. Security Council , which is made up exclusively of the principal Allied powers that won the war. The victorious Allies of World War I —which included what would become the Allied powers of the Second World War—had imposed harsh terms on the opposing Central Powers in the Paris Peace Conference of 1919–1920 . Germany resented signing the Treaty of Versailles , which required that it take full responsibility for

11400-516: The UK and therefore also entered hostilities with Britain's declaration of war. At the outbreak of World War II, the British Indian Army numbered 205,000 men. Later during World War II, the British Indian Army became the largest all-volunteer force in history, rising to over 2.5 million men in size. Indian soldiers earned 30 Victoria Crosses during the Second World War. It suffered 87,000 military casualties (more than any Crown colony but fewer than

11552-611: The United Kingdom and the United States had cooperated in a number of ways, notably through the destroyers-for-bases deal in September 1940 and the American Lend-Lease program, which provided Britain and the Soviet Union with war materiel beginning in October 1941. The British Commonwealth and, to a lesser extent, the Soviet Union reciprocated with a smaller Reverse Lend-Lease program. The First Inter-Allied Meeting took place in London in early June 1941 between

11704-453: The United Kingdom and the United States was especially close and included forming a Combined Chiefs of Staff . There were numerous high-level conferences ; in total Churchill attended 14 meetings, Roosevelt 12, and Stalin 5. Most visible were the three summit conferences that brought together the three top leaders. The Allied policy toward Germany and Japan evolved and developed at these three conferences. There were many tensions among

11856-528: The United Kingdom). The UK suffered 382,000 military casualties. Kuwait was a protectorate of the United Kingdom formally established in 1899. The Trucial States were British protectorates in the Persian Gulf. Palestine was a mandate dependency created in the peace agreements after World War I from the former territory of the Ottoman Empire , Iraq . The Cyprus Regiment was formed by

12008-420: The United Kingdom, the four co-belligerent British Dominions (Canada, Australia, New Zealand and South Africa), the eight governments in exile ( Belgium , Czechoslovakia , Greece , Luxembourg , the Netherlands , Norway , Poland , Yugoslavia ) and Free France . The meeting culminated with the Declaration of St James's Palace , which set out a first vision for the postwar world. In June 1941, Hitler broke

12160-885: The Western Allies to establish a second front in Europe. Stalin and the Soviets used the potential employment of the second front as an 'acid test' for their relations with the Anglo-American powers. The Soviets were forced to use as much manpower as possible in the fight against the Germans, whereas the United States had the luxury of flexing industrial power, but with the "minimum possible expenditure of American lives". Roosevelt and Churchill opened ground fronts in North Africa in 1942 and in Italy in 1943, and launched

12312-651: The above letter of the German Emperor, it is the decision coming from the Allied powers to use the bomb", adding that "Future generations will judge this dire decision". Pal was the only judge to argue for the acquittal of all of the defendants. The Japanese emperor Hirohito and other members of the imperial family might have been regarded as potential suspects. They included career officer Prince Yasuhiko Asaka , Prince Fushimi Hiroyasu , Prince Higashikuni , and Prince Takeda . Herbert Bix explained, "The Truman Administration and General MacArthur both believed

12464-648: The accused knew that troops were committing atrocities; and the accused had power or authority to stop the crimes. Part of Article 13 of the Charter provided that evidence against the accused could include any document "without proof of its issuance or signature" as well as diaries, letters, press reports, and sworn or unsworn out-of-court statements relating to the charges. Article 13 of the Charter read, in part: "The tribunal shall not be bound by technical rules of evidence ... and shall admit any evidence which it deems to have probative value. The prosecution argued that

12616-576: The baggage and equipment of the army, and because the French were attacking again and Henry was afraid that they would break through and free the prisoners who would rejoin the fight against the English. In the later Middle Ages a number of religious wars aimed to not only defeat but also to eliminate enemies. Authorities in Christian Europe often considered the extermination of heretics and heathens desirable. Examples of such wars include

12768-489: The city's patron saint) pleaded with the Frankish king for the welfare of prisoners of war and met with a favourable response. Later, Clovis I ( r.  481–511 ) liberated captives after Genevieve urged him to do so. King Henry V 's English army killed many French prisoners of war after the Battle of Agincourt in 1415. This was done in retaliation for the French killing of the boys and other non-combatants handling

12920-453: The conduct of air attacks, there was no positive or specific customary international humanitarian law with respect to aerial warfare before and during World War II. Ben Bruce Blakeney , an American defense counsel for Japanese defendants, argued that "[i]f the killing of Admiral Kidd by the bombing of Pearl Harbor is murder , we know the name of the very man who[se] hands loosed the atomic bomb on Hiroshima ," although Pearl Harbor

13072-421: The court, including current and former prime ministers, cabinet members, and military commanders. They were charged with fifty-five separate counts, including the waging wars of aggression , murder, and various war crimes and crimes against humanity (such as torture and forced labor) against prisoners-of-war, civilian internees, and the inhabitants of occupied territories; ultimately, 45 of the counts, including all

13224-479: The crime of launching aggressive war and then validly claim to be excused for doing so because his life would otherwise have been in danger ... It will remain that the men who advised the commission of a crime, if it be one, are in no worse position than the man who directs the crime be committed." Justice Delfín Jaranilla of the Philippines disagreed with the penalties imposed by the tribunal as being "too lenient, not exemplary and deterrent, and not commensurate with

13376-520: The criteria of Additional Protocol I. Therefore, they fall under the category of unlawful combatants , or more properly they are not combatants. Captured soldiers who do not get prisoner of war status are still protected like civilians under the Fourth Geneva Convention . The criteria are applied primarily to international armed conflicts. The application of prisoner of war status in non-international armed conflicts like civil wars

13528-564: The declaration; the Big Four were listed first: The United Nations began growing immediately after its formation. In 1942, Mexico, the Philippines and Ethiopia adhered to the declaration. Ethiopia had been restored to independence by British forces after the Italian defeat in 1941. The Philippines, still owned by Washington but granted international diplomatic recognition, was allowed to join on 10 June despite its occupation by Japan. In 1943,

13680-417: The designation "Prisoner of War" for captured American personnel with "Missing-Captured". A January 2008 directive states that the reasoning behind this is since "Prisoner of War" is the international legal recognised status for such people there is no need for any individual country to follow suit. This change remains relatively unknown even among experts in the field and "Prisoner of War" remains widely used in

13832-446: The dispensation of victors' justice. Solis Horowitz argues that IMTFE had an American bias: unlike the Nuremberg trials , there was only a single prosecution team, led by an American, although the members of the tribunal represented eleven different Allied countries. The IMTFE had less official support than the Nuremberg trials. Keenan, a former U.S. assistant attorney general, had a much lower position than Nuremberg's Robert H. Jackson ,

13984-404: The early rescue of our gallant Officers & Men from the cruelties of their captivity has been uppermost in our thoughts. We are thankful that this longed for day has arrived, & that back in the old Country you will be able once more to enjoy the happiness of a home & to see good days among those who anxiously look for your return. While the Allied prisoners were sent home at the end of

14136-548: The eleven justices released separate opinions outside the court. In his concurring opinion Justice William Webb of Australia took issue with Emperor Hirohito's legal status, writing, "The suggestion that the Emperor was bound to act on advice is contrary to the evidence." While refraining from personal indictment of Hirohito, Webb indicated that Hirohito bore responsibility as a constitutional monarch who accepted "ministerial and other advice for war" and that "no ruler can commit

14288-749: The end of the war—the United States were not looking to support any "postwar Soviet reconstruction efforts", which eventually manifested into the Molotov Plan . At the Tehran conference , Stalin judged Roosevelt to be a "lightweight compared to the more formidable Churchill". During the meetings from 1943 to 1945, there were disputes over the growing list of demands from the USSR. Tensions increased further when Roosevelt died and his successor Harry Truman rejected demands put forth by Stalin. Roosevelt wanted to play down these ideological tensions. Roosevelt felt he "understood Stalin's psychology", stating "Stalin

14440-606: The end. After a quiet winter, Germany began its invasion of Western Europe in April 1940, quickly defeating Denmark, Norway, Belgium, the Netherlands, and France. All the occupied nations subsequently established a government-in-exile in London, with each contributing a contingent of escaped troops. Nevertheless, by roughly one year since Germany's violation of the Munich Agreement, Britain and its Empire stood alone against Hitler and Mussolini. Before they were formally allied,

14592-470: The enemy (beyond identifying themselves, that is, "name, rank, serial number"), receiving special favours or parole, or otherwise providing their enemy captors aid and comfort. Since the Vietnam War , the official U.S. military term for enemy POWs is EPW (Enemy Prisoner of War). This name change was introduced in order to distinguish between enemy and U.S. captives. In 2000, the U.S. military replaced

14744-481: The exchange of prisoners would be carried out between warring states. Another such treaty was the 1648 Peace of Westphalia , which ended the Thirty Years' War . This treaty established the rule that prisoners of war should be released without ransom at the end of hostilities and that they should be allowed to return to their homelands. There also evolved the right of parole , French for "discourse", in which

14896-463: The exclusion of Western colonialism and the atomic bombings of Hiroshima and Nagasaki from the list of crimes and the lack of judges from the vanquished nations on the bench signified the "failure of the Tribunal to provide anything other than the opportunity for the victors to retaliate". In this he was not alone among Indian jurists, with one prominent [Kolkata] barrister writing that the Tribunal

15048-589: The five-month Siege of Kut , in Mesopotamia , in April 1916. Many were weak and starved when they surrendered and 4,250 died in captivity. During the Sinai and Palestine campaign 217 Australian and unknown numbers of British, New Zealand and Indian soldiers were captured by Ottoman forces. About 50 per cent of the Australian prisoners were light horsemen including 48 missing believed captured on 1 May 1918 in

15200-520: The forthcoming trials offer the best opportunity to do that. Tōjō, in particular, should be made to bear all responsibility at this trial." Allies of World War II The Allies , formally referred to as the United Nations from 1942, were an international military coalition formed during World War II (1939–1945) to oppose the Axis powers . Its principal members by the end of 1941 were

15352-416: The gravity of the offence or offences committed." Justice Henri Bernard of France argued that the tribunal's course of action was flawed due to Hirohito's absence and the lack of sufficient deliberation by the judges. He concluded that Japan's declaration of war "had a principal author who escaped all prosecution and of whom in any case the present Defendants could only be considered as accomplices" and that

15504-399: The helpless civilian population of the over-run countries. The chief prosecutor, Joseph B. Keenan , issued a press statement along with the indictment: "War and treaty-breakers should be stripped of the glamour of national heroes and exposed as what they really are—plain, ordinary murderers." Any possible evidence that would incriminate Emperor Hirohito and his family was excluded from

15656-701: The imperial family from being indicted, but also to skew the testimony of the defendants to ensure that no one implicated the emperor. High officials in court circles and the Japanese government collaborated with Allied GHQ in compiling lists of prospective war criminals. People arrested as Class A suspects and incarcerated in the Sugamo Prison solemnly vowed to protect their sovereign against any possible taint of war responsibility. According to historian Herbert Bix , Brigadier General Bonner Fellers "immediately on landing in Japan went to work to protect Hirohito from

15808-619: The increasing number of prisoners from the French Revolutionary Wars and the Napoleonic Wars . The average prison population was about 5,500 men. The lowest number recorded was 3,300 in October 1804 and 6,272 on 10 April 1810 was the highest number of prisoners recorded in any official document. Norman Cross Prison was intended to be a model depot providing the most humane treatment of prisoners of war. The British government went to great lengths to provide food of

15960-704: The initial alliance resembled that of the First World War . As Axis forces began invading northern Europe and the Balkans , the Allies added the Netherlands , Belgium , Norway , Greece , and Yugoslavia . The Soviet Union, which initially had a nonaggression pact with Germany and participated in its invasion of Poland , joined the Allies after the German invasion of the Soviet Union in June 1941. The United States, while providing some materiel support to European Allies since September 1940, remained formally neutral until

16112-454: The invading forces, without having had time to form themselves into regular armed units".) Thus, uniforms and badges are important in determining prisoner-of-war status under the Third Geneva Convention. Under Additional Protocol I , the requirement of a distinctive marking is no longer included. Francs-tireurs , militias , insurgents , terrorists , saboteurs , mercenaries , and spies generally do not qualify because they do not fulfill

16264-480: The local representatives of the nations of the Far Eastern Commission. Six of those representatives made no recommendations for clemency. Australia, Canada, India, and the Netherlands were willing to see the general make some reductions in sentences. He chose not to do so. The issue of clemency was thereafter to disturb Japanese relations with the Allied powers until the late 1950s, when a majority of

16416-492: The main advocates of appeasement, decided that Hitler had no intention to uphold diplomatic agreements and responded by preparing for war. On 31 March 1939, Britain formed the Anglo-Polish military alliance in an effort to avert an imminent German attack on Poland; the French likewise had a long-standing alliance with Poland since 1921 . The Soviet Union , which had been diplomatically and economically isolated by much of

16568-521: The murder charges, were ruled either redundant or not authorized under the IMTFE Charter. The Tokyo Trial lasted more than twice as long as the better-known Nuremberg trials, and its impact was similarly influential in the development of international law; similar international war crimes tribunals would not be established until the 1990s. By the time it adjourned on November 12, 1948, two defendants had died of natural causes and one, Shūmei Ōkawa ,

16720-655: The non-aggression agreement with Stalin and Axis forces invaded the Soviet Union , which consequently declared war on Germany and its allies. Britain agreed to an alliance with the Soviet Union in July, with both nations committing to assisting one another by any means, and to never negotiate a separate peace. The following August saw the Atlantic Conference between American President Franklin Roosevelt and British Prime Minister Winston Churchill , which defined

16872-493: The occupation reforms would be implemented smoothly if they used Hirohito to legitimise their changes." As early as November 26, 1945, MacArthur confirmed to Admiral Mitsumasa Yonai that the emperor's abdication would not be necessary. Before the war crimes trials actually convened, SCAP, the International Prosecution Section (IPS), and court officials worked behind the scenes not only to prevent

17024-487: The parliaments of Australia and New Zealand, the British declaration of war on Germany also applied to those dominions . The other dominions and members of the British Commonwealth declared war from 3 September 1939, all within one week of each other; they were Canada , British India and South Africa . During the war, Churchill attended seventeen Allied conferences at which key decisions and agreements were made. He

17176-600: The period just before the Armistice in 1918. The US held 48,000. The most dangerous moment for POWs was the act of surrender, when helpless soldiers were sometimes killed or mistakenly shot down. Once prisoners reached a POW camp conditions were better (and often much better than in World War II), thanks in part to the efforts of the International Red Cross and inspections by neutral nations. There

17328-607: The phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of war in custody for a range of legitimate and illegitimate reasons, such as isolating them from the enemy combatants still in the field (releasing and repatriating them in an orderly manner after hostilities), demonstrating military victory, punishing them, prosecuting them for war crimes , exploiting them for their labour , recruiting or even conscripting them as their own combatants, collecting military and political intelligence from them, or indoctrinating them in new political or religious beliefs. For

17480-541: The population was spared but required to support the conquering Mongol army) and those that resisted (in which case the city was ransacked and destroyed , and all the population killed). In Termez , on the Oxus : "all the people, both men and women, were driven out onto the plain, and divided in accordance with their usual custom, then they were all slain". The Aztecs warred constantly with neighbouring tribes and groups, aiming to collect live prisoners for sacrifice . For

17632-411: The private property of the captor, captured enemy soldiers became increasingly regarded as the property of the state. The European states strove to exert increasing control over all stages of captivity, from the question of who would be attributed the status of prisoner of war to their eventual release. The act of surrender was regulated so that it, ideally, should be legitimised by officers, who negotiated

17784-400: The prosecution opened its case, charging the defendants with crimes against peace, conventional war crimes, and crimes against humanity. The trial continued for more than two and a half years, hearing testimony from 419 witnesses and admitting 4,336 exhibits of evidence, including depositions and affidavits from 779 other individuals. Following the model used at the Nuremberg trials in Germany,

17936-507: The purpose of a battle, if not of a war, was to capture women, a practice known as raptio ; the Rape of the Sabines involved, according to tradition, a large mass-abduction by the founders of Rome. Typically women had no rights , and were held legally as chattels . In the fourth century AD, Bishop Acacius of Amida , touched by the plight of Persian prisoners captured in a recent war with

18088-457: The re-consecration of Great Pyramid of Tenochtitlan in 1487, "between 10,000 and 80,400 persons" were sacrificed. During the early Muslim conquests of 622–750, Muslims routinely captured large numbers of prisoners. Aside from those who converted, most were ransomed or enslaved . Christians captured during the Crusades were usually either killed or sold into slavery if they could not pay

18240-475: The receiving Allies and many ex-prisoners died from exhaustion. The released POWs were met by cavalry troops and sent back through the lines in lorries to reception centres where they were refitted with boots and clothing and dispatched to the ports in trains. Upon arrival at the receiving camp the POWs were registered and "boarded" before being dispatched to their own homes. All commissioned officers had to write

18392-457: The right of prisoners of war and internees to send and receive letters and cards (Geneva Convention (GC) III, art. 71 and GC IV, art. 107). However, nations vary in their dedication to following these laws, and historically the treatment of POWs has varied greatly. During World War II, Imperial Japan and Nazi Germany (towards Soviet POWs and Western Allied commandos) were notorious for atrocities against prisoners of war. The German military used

18544-399: The role he had played during and at the end of the war" and "allowed the major criminal suspects to coordinate their stories so that the emperor would be spared from indictment." Bix also argues that "MacArthur's truly extraordinary measures to save Hirohito from trial as a war criminal had a lasting and profoundly distorting impact on Japanese understanding of the lost war" and "months before

18696-427: The severity of the economic crisis on the Treaty of Versailles. The far-right Nazi Party led by Adolf Hitler , which had formed shortly after the peace treaty, exploited growing popular resentment and desperation to become the dominant political movement in Germany. By 1933, they gained power and rapidly established a totalitarian regime known as Nazi Germany . The Nazi regime demanded the immediate cancellation of

18848-469: The start of the American Civil War a system of paroles operated. Captives agreed not to fight until they were officially exchanged. Meanwhile, they were held in camps run by their own army where they were paid but not allowed to perform any military duties. The system of exchanges collapsed in 1863 when the Confederacy refused to exchange black prisoners. In the late summer of 1864, a year after

19000-423: The surrender of their whole unit. Soldiers whose style of fighting did not conform to the battle line tactics of regular European armies, such as Cossacks and Croats , were often denied the status of prisoners of war. In line with this development the treatment of prisoners of war became increasingly regulated in international treaties, particularly in the form of the so-called cartel system, which regulated how

19152-425: The time. Wartime press releases of the Allies offered as evidence by the prosecution were admitted, while those sought to be entered by the defense were excluded. The recollection of a conversation with a long-dead man was admitted. Letters allegedly written by Japanese citizens were admitted with no proof of authenticity and no opportunity for cross examination by the defense. The defendants were represented by over

19304-496: The treatment of prisoners of war in detail. These provisions were further expanded in the 1929 Geneva Convention on the Prisoners of War and were largely revised in the Third Geneva Convention in 1949. Article 4 of the Third Geneva Convention protects captured military personnel , some guerrilla fighters, and certain civilians . It applies from the moment a prisoner is captured until his or her release or repatriation. Under

19456-697: The tribunal was to function. The charter generally followed the model set by the Nuremberg trials . On April 25, in accordance with the provisions of Article 7 of the CIMTFE, the original Rules of Procedure of the International Military Tribunal for the Far East with amendments were promulgated. Following months of preparation, the IMTFE convened on April 29, 1946. The trials were held in the War Ministry office in Tokyo. On May 3

19608-481: The unchallenged Japanese expansion in the East, particularly considering their defeat in previous wars with Japan; the Soviets also recognized, as the U.S. and Britain had suggested, the advantages of a two-front war . Franklin D. Roosevelt , Winston Churchill , and Joseph Stalin were The Big Three leaders. They were in frequent contact through ambassadors, top generals, foreign ministers and special emissaries such as

19760-430: The undefined concepts of conspiracy and aggressive war, had yet to be established as crimes in international law ; in effect, the IMTFE was contradicting accepted legal procedure by trying the defendants retroactively for violating laws which had not existed when the alleged crimes had been committed . The defense insisted that there was no basis in international law for holding individuals responsible for acts of state, as

19912-467: The use of atomic bombs) weakened the tribunal's authority. Recalling a letter by Kaiser Wilhelm II signalling his determination to bring World War I to a swift conclusion through brutal means if necessary, Pal stated that "This policy of indiscriminate murder to shorten the war was considered to be a crime. In the Pacific war under our consideration, if there was anything approaching what is indicated in

20064-475: The use of weapons causing unnecessary harm. Although no agreements were immediately ratified by the participating nations, work was continued that resulted in new conventions being adopted and becoming recognised as international law that specified that prisoners of war be treated humanely and diplomatically. Chapter II of the Annex to the 1907 Hague Convention IV – The Laws and Customs of War on Land covered

20216-509: The war for self-defense purposes. He asserted that "[because of the Hull Note ] we felt at the time that Japan was being driven either to war or suicide". After the defense had finished its presentation on September 9, 1947, the IMT spent fifteen months reaching judgement and drafting its 1,781-page opinion. The reading of the judgement and the sentences lasted from December 4 to 12, 1948. Five of

20368-562: The war, Britain could remain the sole great power in Europe facing the Communist threat, as it was in 1940 and 1941 against Nazism. During the early part of 1945, Peru, Chile, Paraguay, Venezuela, Uruguay, Turkey, Egypt, Saudi Arabia, Lebanon, Syria (these latter two French colonies had been declared independent states by British occupation troops, despite protests by Pétain and later De Gaulle) and Ecuador became signatories. Ukraine and Belarus , which were not independent states but parts of

20520-488: The war, lose a significant portion of territory, and pay costly reparations, among other penalties. The Weimar Republic , which formed at the end of the war and subsequently negotiated the treaty, saw its legitimacy shaken, particularly as it struggled to govern a greatly weakened economy and humiliated populace. The Wall Street Crash of 1929 , and the ensuing Great Depression , led to political unrest across Europe, especially in Germany, where revanchist nationalists blamed

20672-428: The war. The alliance was largely one of convenience for each member: the U.K. realized that the Axis powers threatened not only its colonies in North Africa and Asia but also the homeland . The United States felt that the Japanese and German expansion should be contained, but ruled out force until Japan's attack. The Soviet Union, having been betrayed by the Axis attack in 1941, greatly despised German belligerence and

20824-517: The world, had sought an alliance with the western powers, but Hitler preempted a potential war with Stalin by signing the Nazi–Soviet non-aggression pact in August 1939. In addition to preventing a two-front war that had battered its forces in the last world war, the agreement secretly divided the independent states of Central and Eastern Europe between the two powers and assured adequate oil supplies for

20976-557: Was "the most important of the Allied leaders during the first half of World War II". British West Africa and the British colonies in East and Southern Africa participated, mainly in the North African, East African and Middle-Eastern theatres. Two West African and one East African division served in the Burma Campaign . Southern Rhodesia was a self-governing colony, having received responsible government in 1923. It

21128-701: Was classified as a war crime under the 1907 Hague Convention , as it happened without a declaration of war and without a just cause for self-defense . Similarly, the indiscriminate bombing of Chinese cities by Japanese Imperial forces was never raised in the Tokyo Trials in fear of America being accused of the same thing for its air attacks on Japanese cities. As a result, Japanese pilots and officers were not prosecuted for their aerial raids on Pearl Harbor and cities in China and other Asian countries. Indian jurist Radhabinod Pal raised substantive objections in

21280-399: Was concluded in 1948. The United States had provided the funds and staff necessary for running the Tribunal and also held the function of Chief Prosecutor. The argument was made that it was difficult, if not impossible, to uphold the requirement of impartiality with which such an organ should be invested. This apparent conflict gave the impression that the tribunal was no more than a means for

21432-611: Was created primarily in response to the breakdown of leadership and organisation, specifically when U.S. forces were POWs during the Korean War . When a military member is taken prisoner, the Code of Conduct reminds them that the chain of command is still in effect (the highest ranking service member eligible for command, regardless of service branch, is in command), and requires them to support their leadership. The Code of Conduct also requires service members to resist giving information to

21584-524: Was especially angered by the invasion and sought to support China. In March 1939, Germany took over Czechoslovakia , just six months after signing the Munich Agreement , which sought to appease Hitler by ceding the mainly ethnic German Czechoslovak borderlands; while most of Europe had celebrated the agreement as a major victory for peace, the open flaunting of its terms demonstrated the failure of appeasement. Britain and France, which had been

21736-676: Was established to implement the Cairo Declaration , the Potsdam Declaration , the Instrument of Surrender , and the Moscow Conference . The Potsdam Declaration (July 1945) had stated, "stern justice shall be meted out to all war criminals, including those who have visited cruelties upon our prisoners," though it did not specifically foreshadow trials. The terms of reference for the Tribunal were set out in

21888-408: Was little more than "a sword in a [judge's] wig." Justice Röling stated, "[o]f course, in Japan we were all aware of the bombings and the burnings of Tokyo and Yokohama and other big cities . It was horrible that we went there for the purpose of vindicating the laws of war, and yet saw every day how the Allies had violated them dreadfully." However, in respect to Pal and Röling's statement about

22040-588: Was much harsh treatment of POWs in Germany, as recorded by the American ambassador (prior to America's entry into the war), James W. Gerard, who published his findings in "My Four Years in Germany". Even worse conditions are reported in the book "Escape of a Princess Pat" by the Canadian George Pearson. It was particularly bad in Russia, where starvation was common for prisoners and civilians alike;

22192-457: Was not a sovereign dominion. It governed itself internally and controlled its own armed forces, but had no diplomatic autonomy, and, therefore, was officially at war as soon as Britain was at war. The Southern Rhodesian colonial government issued a symbolic declaration of war nevertheless on 3 September 1939, which made no difference diplomatically but preceded the declarations of war made by all other British dominions and colonies. These included:

22344-458: Was resuscitated with the help of U.S. physicians. On January 19, 1946, MacArthur issued a special proclamation ordering the establishment of an International Military Tribunal for the Far East (IMTFE). On the same day, he also approved the Charter of the International Military Tribunal for the Far East (CIMTFE), which prescribed how it was to be formed, the crimes that it was to consider, and how

22496-484: Was ruled unfit to stand trial. All remaining defendants were found guilty of at least one count, of whom seven were sentenced to death and sixteen to life imprisonment. Thousands of other "lesser" war criminals were tried by domestic tribunals convened across Asia and the Pacific by Allied nations, with most concluding by 1949. Due to U.S. government intervention , the trials did not charge imperial Japanese leaders who may have been responsible for Unit 731 . The Tribunal

22648-458: Was sentenced to death by hanging for war crimes and crimes against humanity (Class B and Class C): The seven defendants who were sentenced to death were executed at Sugamo Prison in Ikebukuro on December 23, 1948. MacArthur, afraid of embarrassing and antagonizing the Japanese people, defied the wishes of President Truman and barred photography of any kind, instead bringing in four members of

22800-424: Was somewhat misplaced caution to introduce this best evidence rule particularly when it operated practically against the defense only". The prosecution team relied on the doctrine of command responsibility , which obviated the need to prove the various alleged atrocities were the result of the defendants' illegal orders. The prosecution instead had to prove three things: that war crimes were systematic or widespread;

22952-416: Was too anxious to prove a point ... he suffered from an inferiority complex." During December 1941, Roosevelt devised the name "United Nations" for the Allies and Churchill agreed. He referred to the Big Three and China as the " Four Policemen " repeatedly from 1942. The alliance was formalised in the Declaration by United Nations signed on 1 January 1942. There were the 26 original signatories of

23104-469: Was very confused. Free French forces were recognized only by Britain, while the United States considered Vichy France to be the legal government of the country until Operation Overlord , while also preparing U.S. occupation francs . Winston Churchill urged Roosevelt to restore France to its status of a major power after the liberation of Paris in August 1944; the Prime Minister feared that after

#880119