Counts 1-36: crimes against peace (conspiring to wage wars of aggression against Asia, China, U.S., USSR, UK, France). 4/29/46: IMTFE indicted 28 Japanese Defs (highest gov't/military officials 1/28-9/45) on 55 counts under IMTFE Charter Potsdam Declaration, cl 8 Instrument of Surrender Cairo Declaration Covenant of League of Nations Kellogg-Briand Pact Convention for Pacific Settlement of Disputes (1899, 1907) Neutrality Pact between USSR, Japan (1941), Arts I, II domestic laws of countries where crimes committed. Allies convened IMTFE, appointed 10 judges from 10 nations. Joint Chiefs of Staff ordered Gen'l MacArthur, Supreme Commander for Allied Powers in Japan, to issue IMTFE Charter as exec decree. (Tokyo Judgment, Int'l Military Tribunal for Far East (IMTFE)) 4/29/46-11/12/48, IMTFE Vols I, II, (1977) Transcript of Proceedings, 4/29/46-4/16/48, Vols 1-113, pp 1-48, 412 Narrative Summary, 6/14/46-1/12/48, Vols 1-14 IMTFE Prosecution Summation Vols 1-7 IMTFE Defense Summation Vols 1-16 Analysis of Documentary Evidence Vols 1-29 Exhibits Nos 1-3915 habeas corpus pet den 338 US 197 (1948)ġ/1/28-9/2/45: Japanese Defs waged aggressive war against Allies - U.S., UK, China, USSR, Australia, N Zealand, Canada, France, Netherlands, India, Philippines - to gain political/economic domination of E Asia, Pacific, Indian Oceans, bordering countries. 1946: Tribunal convicted Tesch, Weinbacher acquitted Drosihn: Defs could not plead ignorance of purpose civilian accessory to violation of laws, customs of war liable as war criminal.
I Law Reports of Trials of War Criminals 93 (London, 1947) II Laws of War: A Documentary History 1284, 1487, 1498ģ Defs-scientists provided prussic acid for use in concentration camps. Soviet members diss: Hess should receive death instead of life in prison, should be finding Hitler's Cabinet, Gen'l Staff, Army High Command to be criminal organizations.
Sentences: 12 to death 3 to life 2 to 20 yrs 1 to 15 yrs 1 to 10 yrs. Ct found: 3 Defs not guilty 8 guilty of count 1 12 guilty of count 2 16 guilty of count 3 16 guilty of count 4. Evidence on both sides consisted of witnesses, documents captured by Allied armies in German Army headquarters, including correspondence to, from Hitler, other members of Third Reich. M Le Professeur Donneidieu de Vabres and M Le Conseiller R Falco, member and alternate for France Major General I T Nikitchenko and Lt Col A F Volchkov, member and alternate for USSR. Judges appointed by signatories of Charter of IMT: Lord Justice Lawrence and Mr Justice Birkett, member and alternate for UK Francis Biddle and Judge John J Parker, member and alternate for U.S.
IS KIRBY S J UNR S W ALLEN SUBDIVISION DEED RESTRICTED TRIAL
Defs pleaded not guilty: trial under ex post facto law, unfairly conducted by non-neutrals. Count 4: crimes against humanity including murder, extermination, enslavement, deportation of civilian populations, persecution on political, racial, religious grounds. Count 3: war crimes in violation of int'l conventions, internal penal laws, including murder of civilian population, torture, genocide, deportation of civilian population for slave labor (France-1,408,000 Belgium-190,000 Holland-500,000 USSR-4,978,000), murder of POWs, killing of hostages, plunder of public, private property causing starvation in occupied countries, destruction of works of art, 6,000,000 buildings leaving 25,000,000 homeless, wanton devastation not justified by military necessity, Germanization of occupied territories. Count 2: crimes against peace, including waging wars of aggression in violation of Conventions for Pacific Settlement of Int'l Disputes (1899, 1907) Hague Convention III re Opening of Hostilities (1907) Versailles Treaty (1919) Kellogg-Briand Pact (1928). Count 1: conspiracy to commit crimes against peace, war crimes, crimes against humanity. 11/14/45: U.S., USSR, UK, France Tribunal indicted 24 Defs pursuant to London Agreement and Charter. 8/7/45: U.S., France, UK, USSR executed London Agreement and Charter setting forth crimes against peace, crimes against humanity, war crimes. 5/8/45: Allies defeated Germany, ending WWII in Europe. 1943: U.S., France, UK, USSR announced they would punish war criminals after Allied victory. 6 FRD 69 (1946) (Trial of Major War Criminals Before Int'l Military Tribunal (IMT), Germany 1947)ġ932-45: Defs led Third Reich.