Embracing Defeat: Japan in the Wake of World War II

by John W. Dower

On October 1, MacArthur received through Fellers a short legal brief that made absolutely clear that SCAP had no interest in seriously investigating Hirohito’s actual role in the war undertaken in his name. The brief took as “facts” that the emperor had not exercised free will in signing the declaration of war; that he had “lack of knowledge of the true state of affairs”; and that he had risked his life in attempting to effect the surrender. It offered, in awkward legalese, the one-sentence “Conclusion” that “If fraud, menace or duress sufficient to negative intent can be affirmatively established by the Emperor, he could not stand convicted in a democratic court of law.” And it ended with the following “Recommendation”: a. That in the interest of peaceful occupation and rehabilitation of Japan, prevention of revolution and communism, all facts surrounding the execution of the declaration of war and subsequent position of the Emperor which tend to show fraud, menace or duress be marshalled. b. That if such facts are sufficient to establish an affirmative defense beyond a reasonable doubt, positive action be taken to prevent indictment and prosecution of the Emperor as a war criminal.38