1. The Tokyo Trial is legally invalid.
Copylight (Feb.21,1997) by TAKESHITA Yoshirō


The Tokyo Trial began in May 3rd 1946 and ended in November 12th 1948. The International Military Tribunal for the Far East indicted 28 Japanese "war leaders", of which 3 were dismissed (2 died and 1 went mad) during trial. It sentenced 7 to death by hanging, 16 to imprisonment for life, and 2 to shorter terms. The indicted were accused of crime against peace, crime against humanity and ordinary war crimes.

The so-called crime against peace and humanity came to be after World War II, and was used to try the accused in the Nuremberg Trial and the Tokyo Trial. The Tokyo Trial's legitimacy, significance and objective consisted in judging what the victorious nations thought was a crime against their "peace" and their "humanity". Without the two newly introduced crime concept, the Trial would have lost a great deal of its means to incriminate the Japanese "war leaders". Without the two legitimizing factors, humanity and peace, the Trial would be left with just the victors name as their legitimacy in infringing the domain of sovereignty and in prosecuting the leaders of it. But were these two factors legitimate? No. They were both ex post facto laws. Penal codes do not retrospect. Thus they were illegitimate crime concepts, and the judgements made based upon these were invalid.

The Trial's legitimacy was based upon the concept of a crime against peace and humanity. But these concepts, and the obligations and responsibilities that follows it, came after the moment the event under trial happened, meaning after World War II. Thus they were legally illegitimate in being applied against the Japanese war leaders. And therefore, everything else that follows or is based upon them, is illegitimate, including the Trial. So, the Trial's judgements are invalid. Of course, even with the two concepts, the reality of an unfair trial and judgements imposed by the victor, for the victor in the name of world peace and humanity remains, which is another element against the moral validity and legitimacy of the Trial.

The Tokyo Trial was morally and legally illegitimate and invalid.