The Tokyo War Crimes Trial: The Pursuit of Justice in the Wake of World War II

• Author: Major Jennifer A. Neuhauser
• Pages: 09

THE TOKYO WAR CRIMES TRIAL: THE PURSUIT OF JUSTICE IN THE WAKE OF WORLD WAR II1

REVIEWED BY MAJOR JENNIFER A. NEUHAUSER2

He was in command of the Army responsible for these happenings. He knew of them. He had the power, as he had the duty, to control his troops and to protect the unfortunate citizens of Nanking.3

1. Introduction

   Before there were Rwanda and Yugoslavia, there was Tokyo.4 Often derided by contemporary Japanese and American Scholars as "the product of vengeance"5 and "racism,"6 Japanese nationalists continue to use the Tokyo War Crimes Trial as a "tool for a present-tense political agenda far removed from the late 1940s."7 Yuma Totani's book scrutinizes primary source material including trial transcripts and U.S. Government documents8 in an effort to get beyond political agendas and long-simmering resentment. In this material, Totani discovers the Tokyo Tribunal's true nature and reveals the trial's legacy in shaping present-day international law.

   Totani begins the book by giving a brief overview of the contemporary debate regarding the significance of the trial. Japanese nationalists and Japanese conservatives believe the trial served the Allies as retribution under the banner of justice.9 Conversely, liberal critics contend the Allied powers failed the Asian people by intentionally ignoring the devastation the Japanese military wrought against members

   of their own race.10 Totani believes the primary source material contradicts both assertions.

   Both sides misconstrue some information and ignore other facts outright.11 The author concludes contemporary scholars overlooked or ignored the original source material, instead relying on shoddy research, hearsay, and blatant falsehoods.12 Rather than serving as "victor's justice,"13 Totani describes in detail the measures the Allies took to ensure a fair and orderly trial.14 Uchida Rikizō, a Japanese law professor observing the trial, wrote: "Here rests the pride of Anglo-American law that, if one were to put it in extreme terms, is prepared to save ninety-nine guilty ones in order to save one innocent man."15

2. Leadership, Logistics, and Language

   Though often discussed in tandem, the Tokyo Tribunal differed from the tribunal at Nuremberg in the races, nationalities, and languages of the parties involved.16 While the four countries represented by the prosecution and defense in Nuremberg shared common linguistic and cultural roots,17 the Tokyo trial team brought together eleven nationalities, each with their own agendas, cultural biases, and language distinct from the accused.18 Though "lesser powers" like India and Philippines contributed to a full accounting of the Japanese carnage, complications and discord inevitably surfaced.19 Difficulties translating

   materials for all participants and defense's lack of familiarity with Anglo-American court techniques, such as cross-examination, resulted in a lengthier and more complex trial process than in Nuremberg.20

   Compounding these difficulties, a delay in evidence collection caused irreparable harm to the case-in-chief.21 The two week delay between the end of hostilities and the occupation of Japan, specifically Tokyo, led to the destruction of an estimated 70% of Japanese military documents.22 In addition, Joseph Keenan, lead counsel for the prosecution, focused on fruitless interrogations instead of collecting the remaining documentary evidence.23 According to Totani, Keenan's failure to act, tactical blunders, and frequent absences, greatly complicated the task before the prosecution team at Tokyo.24

3. Practical and Political Considerations

   Both political and pragmatic choices influenced the selection of the accused and the charges they faced before the Tokyo War Crimes Tribunal. In addition to exigencies of proof, prosecutors worried about the rapidly diminishing educational value of the trial for the Japanese people. "[A]t the present moment we understand that the Japanese themselves support the prosecution, [but] if the trial is delayed or prolonged, they may swing around in their sympathy and end by regarding as martyrs the men whom at present they wish to see condemned."25 Rather than "indulging in a prolonged war crimes investigation or even try to develop charges against all suspects,"26 the prosecution selected a representative sample of the most egregious offenses with the "goal of . . . secur[ing] the ruling that planning and waging aggressive war constituted a crime under international law."27

   Strategy and time constraints heavily influenced the prosecution's presentation of evidence.28 However, expediency came at a cost. Prosecutors rarely called more than one or two witnesses per event and relied heavily on written synopses of testimony to support the charges.29

   To Totani, aside from significantly diminishing the impact of the...