Hirohito and the Making of Modern Japan (384 page)

C
HAPTER
15
T
HE
T
OKYO
T
RIAL

1.
Under-Secretary of State Sumner Welles made the earliest declaration of this war aim. Kurusu Sabur
, ex–ambassador to the United States, cited Welles on Nov. 26, 1942, in an address before the Imperial Rule Assistance Association, in which he noted that punishment of war criminals was a principal U.S. war aim.

2.
Timothy L. H. McCormack, “From Sun Tzu to the Sixth Committee: The Evolution of an International Criminal Law Regime,” in Timothy McCormack and Gerry J. Simpson,
The Law of War Crimes: National and International Approaches
(Boston: Kluwer Law International, 1997), p. 57.

3.
While waiting for GHQ's reply, the Japanese army prosecuted seven people, in fake trials designed to protect the army by destroying, manipulating, and fabricating evidence. GHQ ordered the Japanese government to stop its prosecution of war criminals on March 9, 1946. See Nagai Hitoshi, “War Crimes Trials by the Japanese Army,” in
Kant
Gakuin Daigaku Keizai Gakubu S
g
Gakujutsu Rons
(Jan. 99).

4.
Evan J. Wallach, “The Procedural and Evidentiary Rules of the Post–World War II War Crimes Trials: Did They Provide An Outline for International Legal Procedure?” in
Columbia Journal of Transnational Law
37, no. 3 (1999), pp. 873–74. Justice Murphy in the
Homma
case objected to the absence of safeguards concerning the use of coerced evidence; Justice Rutledge in the
Yamashita
case condemned MacArthur's charter, which made the Military Commission in Manila “a law unto itself.” For details of the trials in the Philippines and elsewhere in Asia, see Philip R. Piccigallo,
The Japanese on Trial: Allied War Crimes Operations in the East, 1945–1951
(University of Texas Press, 1979), esp. pp. 49–68.

5.
Piccigallo,
The Japanese on Trial
, p. 66; citing Douglas MacArthur:
Reminiscences: General of the Army Douglas MacArthur
(McGraw-Hill, 1964), p. 298.

6.
Higashino Shin,
Sh
wa tenn
futatsu no “dokuhakuroku
” (Nihon H
s
Kyoku Shuppankai, 1998), pp. 102–3.

7.
Gordon Daniels, ed., “A Guide to the Reports of the United States Strategic Bombing Survey: Europe, The Pacific” (London: Offices of the Royal Historical Society, 1981), pp. xxiii-xxiv; Yoshida Yutaka,
Sh
wa tenn
no sh
senshi
(Iwanami Shinsho, 1992), pp. 179–80.