I. CONSTITUTION OF THE INTERNATIONAL MILITARY TRIBUNAL. Article 1. In pursuance of the Agreement signed on the 8th day of August by the. The lesser-known International Military Tribunal for the Far East (IMTFE) was . The Charter provided for MacArthur to appoint judges to the IMTFE from the. In our opinion the laws of the Charter is decisive and binding on the Tribunal. This is a special tribunal set up by the Supreme Commander under authority.

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Accordingly the Allied powers moved quickly to select their own associate counsel. Take strict measures to prevent any action which would cause any unreasonable delay and rule out irrelevant issues and statements of any kind whatsoever, c.

ICC – Legal Tools record: Charter of the International Military Tribunal for the Far East []

Such violations shall include, but not be limited to, murder, intfe or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity.

The issue of clemency was thereafter to disturb Japanese relations with the Allied powers kmtfe the late s when a majority of the Allied powers agreed to release the last of the convicted major war criminals from captivity. Article 13 Evidence a.

The accused shall file with the General Secretary of the Tribunal the name of his counsel. The Tribunal shall have the right to take proceedings against a person charged with crimes set imtfee in Article 6 of this Charter in his absence, if he has not been found or if the Tribunal, for any reason, finds it necessary, in the interests of justice, to conduct the hearing in his absence.

A report which appears to the Tribunal to have been signed or issued by the International Red Cross or a member thereof, or by a doctor of medicine or any medical service personnel, or by an investigator or intelligence officer, or by any other person who appears to the Tribunal to have personal knowledge of the matters contained in the report.

At the trial of any individual member of any group or organization the Tribunal may declare in connection with any act of which the individual may be convicted that the group or organization of which the individual was a member was a criminal organization. If an accused is not represented by counsel and in open court requests the appointment of counsel, the Tribunal shall designate counsel for him. The Tribunal may require to be informed of the nature of any evidence before it is offered in order to rule upon the relevance.

To require the production of documents and other evidentiary material, d. Article 7 Rules of procedure The Tribunal may draft and amend rules of procedure consistent with the fundamental provisions of this Charter. The Charter established that the supreme commander would select members of the tribunal from names submitted to him by any of the signatories imte the Imtfee of Surrender.

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The twenty-eight defendants charged at the Tokyo Trial were selected following international deliberations and the final decisions were taken by an executive committee of the International Prosecution Section, chaired by Sir Arthur Comyns Carr, K.

The Special Proclamation that brought the IMTFE into existence claimed that by the Instrument of Surrender “the authority of the Emperor and the Japanese Government to rule the state of Japan is made subject to the Supreme Commander for the Allied Powers,” but in fact those provisions were restricted to measures intended to implement “the unconditional surrender. The Committee shall act in all the above matters by a majority vote and shall appoint a Chairman as may be convenient and in accordance with the principle of rotation: Print this article Print all entries for this topic Cite this article.

These rules shall not be inconsistent with the provisions of this Charter. Far Eastern Commission In neither the Tokyo nor the Nuremberg Trials was it deemed sufficient for the defense to show that the acts of responsible officers or of government ministers and officials were protected as “acts of state.

The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:. Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.

The Japanese defense counsel labored under immense handicaps.

The Nuremberg Trial and the Tokyo War Crimes Trials (1945–1948)

The charter was issued months following the surrender of Japan on September 2,which brought World War II to an end. Unlike the Nuremberg Charter, the Tokyo Charter was not part of a treaty or agreement among the Allies but it was substantially the same as the Nuremberg Charter. In case of need and depending on the number of the matters to be tried, other Tribunals may be set up; and the establishment, functions, and procedure of each Tribunal shall be identical, and shall be governed by this Cuarter.

Defense motions to dismiss the charges against the accused were denied, following which the defense presentation of chartsr case began on February 3,and continued until January 12, The charter set out the jurisdiction of the chartsr and established the cnarter responsibility of the accused for acts of state and charted acts taken in compliance with superior orders.

Other delegations took even longer to arrive several of the judges did not arrive until the trial had already begun. Views Read Edit View history. Appleman, John Alan The Chief Prosecutors shall individually, and acting in collaboration with one another, also undertake imffe following duties:.

A Bibliography of War Crimes Trials. The Tribunal shall neither require proof, of facts of common knowledge, nor of the authenticity of official j government documents and reports of any nation nor of the proceedings, records, and findings of military or other agencies of any of the United Nations.

The transcripts of the proceedings in open session and in chambers, taken together with the separate opinions, consist of approximately 57, pages and, with the even longer full text of the Trial Exhibits and other documentation assembled for use during the trial, the English-language text represents by far the largest collection of material that exists in any European language on Japan and on Japanese relations with the outside world during the critical period between and The Secretariat of the Tribunal shall be composed of a General Secretary to be appointed by the Supreme Commander for the Allied Powers and such assistant secretaries, clerks, interpreters, and other personnel as may be necessary.

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In due course, the prosecution and then the defense presented further evidence in rebuttal until February 10,at which time the defense filed further motions to dismiss, which were rejected. To appoint officers for the carrying out of any task designated by the Tribunal, including the power to have evidence taken on commission.

All official documents shall be produced, and all court proceedings conducted, in English, French and Russian, and in the imffe of the Defendant. The use of other languages in court later became a contentious imtfw. The working relationships between individual American attorneys and their Japanese counterparts were not always easy.

The Soviet Union did not sign the declaration because it did not declare war on Japan until weeks later, on the same day that the United States dropped the second atomic bomb at Nagasaki. United Nations War Crimes Commission The decision to release these men was taken as a purely political act and had nothing much to do with the merits of their individual cases. These interviews were conducted without the protection of any legal counsel. The defendants selected for the first trials were not regarded as the only major war criminals but as clearly representative members of the groups held responsible for the outbreak of World War II.

The Court simply ruled that its jurisdiction was strictly confined to an examination of the conduct of the Japanese side. The prosecution and defence may offer evidence and the admissibility of the same shall be determined by the Tribunal. The court consisted of eleven members, each representing one of the eleven nations involved in the prosecution.

The alternates shall, so far as they are able, be present at all sessions of the Tribunal. Modeled after the Nuremberg Charterthe Tokyo Charter stipulated that crimes of the Japanese could be tried.

Tokyo Trial

The function of Counsel for a Defendant may be discharged at the Defendant’s request by any Counsel professionally qualified to conduct cases before the Courts of his own country, or by any other person who may be specially authorized thereto by the Tribunal.

The same ideas of conspiracy, crimes against peace the planning, preparation, initiating and waging of wars of aggressionindividual criminal responsibility for conventional war crimesand crimes against humanity appeared in the indictments at Tokyo and at Nuremberg.

Each accused shall have the right to be represented by counsel of his own selection, subject to the disapproval of such counsel at any time by the Tribunal. The Tribunal shall draw up rules for its procedure.