Everyone has heard of the Nuremberg Trials; the victors presiding over the vanquished. What about the other World War II war crimes tribunal established out of the same principle - international justice for the atrocities inflicted upon the winning Allied forces?
If you haven’t heard of the Tokyo Tribunal, where eleven different judges each representing eleven Allied nations (many of them colonies of greater powers at that time) - the United States, China, Britain, the Soviet Union, Australia, Canada, France, Holland, New Zealand, India and the Philippines - then no worries, you’re not historically ignorant.
Most people have not heard anything about this grand trial against 25 Class A Japanese war criminals in the Pacific War theater for the simple reason that the entire thing, from start to finish (and even in present-day interpretations) was an utter fiasco.
To begin with, there was the obvious question of how representatives of victor nations could possibly judge their enemies with no bias (as it turns out - they couldn’t - there was blatant bias on display from the judges to the prosecution, defense, defendants, press and public alike).
The court was unable to even give a satisfactory explanation as for what gave it legal jurisdiction to conduct this criminal trial in an occupied, defeated, and demilitarized country.
They got only as far as “their rightful legal jurisdiction rested upon the charter drawn up by General Douglas MacArthur, overseeing the lawful occupation of Japan after their unconditional surrender aboard the USS Missouri.” But questions of bias and hypocrisy (ex post facto laws of aggressive war, American and other Allied countries’ own imperial conquests, the atomic bombs targeting mostly civilian populations) were never addressed and certainly never published in the court’s deliberations and majority opinion.
The only dissenters were Dutch judge Bert Röling - whom appeared more confused than opposed - and Indian judge, Radhabinod Pal - who used the opportunity to dissent on the grounds not just that the claims of jurisdiction and bias were dubious - but instead to act as some kind of vengeful warrior against European colonialism (never mind all of the crimes that took place against fellow Asians by the Japanese) who chose to acquit each and every defendant on the grounds that, apparently, the evidence was too sparse.
This included claiming that the victims of the victorious powers often became “overexcited” when testifying against their tormentors. Pal used this claim to discredit hundreds of accounts of rape at Nanjing - whether the account came from a tearful survivor herself, a Red Cross aide, a doctor or diplomat, made no difference - in his mind, “the suggestion of mass rape and murder is incorrect, and these abuses often occurred as rather isolated examples of lower-ranking soldiers not properly supervised.” All of this dispute overwhelming evidence and testimony. To this day, Pal remains a martyr to the extreme Japanese nationalists who made no apologies for the atrocities committed during World War II.
This masterpiece of investigate work by Gary Bass gives you everything you need to know about both sides of the story, and is the perfect blend - for me, anyway - of history and international law. Even though international law continues to remain a very abstract field, with so few examples. While the widespread atrocities and torture committed by indifferent Japanese military men could at times be difficult to read, it was at times entertaining to read just how petty the squabbles between the different judges, judges and attorneys, judges and defendants, and so on, actually became.
As horrible of a war criminal Tojo Hideki may have been, it really was quite preposterous for U.S. chief prosecutor, Joseph Keenan (sadly ignorant of the law at best, often appearing inebriated at worst) - a Truman crony - to have handled Hideki’s cross-examination. Keenan had even brought in an legal assistant who had spent a year specializing on Tojo and putting in five weeks of intense preparation for the questioning of what would be the trial’s most notorious defendant.
Alas, when President Judge Webb told Keenan it broke precedent to allow a prosecutor to have an assistant, and demanded a reason for the assistant’s presence, Keenan could not say that this aide was much more knowledgeable and competent in the job than he was. Without being able to state the truth, he could not divide up the cross-examination between himself and the aide, and the aide, furious at having done so much preparation only to be sidelined - stormed out, rather than to sit around only as a consultative presence.
The result of Keenan v. Hideki was “appalling”, according to British prosecutor Comyns Carr, writing to British attorney general Sir Hartley Shawcross:
”The results are best sumnarised by a girl from the British embassy who was in court this morning and said, ‘Tojo had a good morning hanging Keenan.’”
The only serious miscarriages of justice to me were Togo Shigenori and Shigemitsu Mamoru, who, like the book extolled, seemingly were guilty of nothing more than being in the wrong room with the wrong people at the wrong time. Everything they, the other defendants, and official records/evidence said, supported their claims that they had done everything possible to avoid war, did not think they could win the war, yet found themselves sidelined by the militarist hardliners. Apparently the judges were not satisfied with this, as they “didn’t resign in protest” (despite one of the men threatening to resign twice, in fact) they must have supported the aggressive attack against Pearl Harbor.
This book leaves you with as many questions as it does answers. While most of the defendants were no doubt guilty of their crimes, was it fair to isolate them and punish them, and not the Americans who had killed hundreds of thousands of Japanese civilians in the aerial bombings? What about the USSR, who was united with Hitler long before Japan, and with Stalin as the country’s leader executing, starving, and sentencing so many of his own people to penal colonies, were they really in any position to speak of honor and morality?
It definitely exposes the hypocrisy and atrocities and the underhanded actions on both the Allied and Axis sides. Bass weighs in at times to issue a verdict on the truthfulness of certain courtroom accounts, but never to the point where one might question if he was seeking to influence the opinion of the reader. No, there is enough information here for the reader to make up their own mind. The Tribunal was definitely a mistake, but what and how should things have been done differently?
These are all fascinating questions that the world may never know (and hopefully will never need to find out). Definitely a 5 star book if there was one, and every page really was necessary, justifying the rather lengthy “door knocker” of a book (my favorite expression for voluminous novels and a now a staple of my literary vocabulary).