Tokyo Trial

Formally, it was called The International Military Tribunal for the Far East (IMTFE). Convened in late April, 1946, the purpose of this trial, also known as the Tokyo Trial, was to try the leaders of Japan for three kinds of war crimes.

Netflix, in conjunction with the Japanese TV Network called NHK, Don Carmody Television, and FATT Productions, has made this mini-series (4 episodes) available to its streaming service subscribers.

General Douglas MacArthur appointed 12 judges (the 12th was a replacement as one judge left to return home. These judges came from 11 countries – Australia, Canada, China, France, India, Netherlands, New Zealand, Philippines, UK., USA. and the Soviet Union.

The expectation was that the trial would last about 6 months. Instead it lasted 2 1/2 years, or about 1000 days.

MacArthur not only agreed to prosecute 28 Japanese leaders but he also approved the Charter which gave the Tribunal the right to prosecute the Japanese.

They would be charged in three categories.

  1. Crimes of Aggression
  2. Crimes against humanity
  3. Conventional war crimes

Using the Nuremberg Trials as the precedent, the President of the Tribunal,  Sir William Webb from Australia, believed that they had the moral authority as well as the legal authority to try to convict the Japanese. Item # 1 would prove to be both a stumbling block as well as a controversial point in their judicial discussions.

Webb was played by Tim Ahern in this production.

The item #1 – Crimes of Aggression – was also known as Crimes against peace. The concept of this was to charge the top Japanese leaders with: leading, organizing, instigating, or being accomplices in the formulation or execution of a common plan or conspiracy to wage wars of aggression, and war or wars in violation of international law.

Said another way – this concept was the opposite of a self-defensive war effort.

The first of the justices to step up and disagree was the Indian Rabhabinod Pal, a Judge on the Calcutta High Court. He argued, in a lengthy dissenting opinion (over 1200 pages) that a) At the time of the crimes, there was no international law against waging an ‘aggressive’ war. The basics of that was the Japanese were being charged retroactively. He also argued that b) the argument of the prosecution was quite weak with regard to the conspiratorial aspects of waging an aggressive war, and c) there was nothing to show that these crimes were a product of government policy or that the Japanese government officials were directly responsible for the atrocities committed (like the events in Nanking, China, or the maltreatment and abuse of POWs).

Indian actor Irrfan Khan had the role of Justice Pal.

Also in the trenches (at least in the pre-verdict discussions) with Judge Pal was the Law Professor from New Utrecht University in the Netherlands, Professor Bert Röling.

Dutch actor Marcel Hensema played Röling.

On the other side of the ledger, meaning those who argued (most strenuously in favor of the prosecution)  were the Scottish Judge, The Honorable Lord Patrick, the Chinese Judge, Mei ju-ao, and the Canadian, Edward Stuart McDougall, Justice of the Court of King’s Bench of Quebec. In today’s terms, they would be called the hawks.

Paul Freeman played Lord Patrick.

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