139:
tribunals, where they applied their own laws. There was no counterpart in Japan to CCL 10 because the United States was the sole occupying power of Japan, whereas
Germany was occupied by the four major Allies (United States, Great Britain, France, and the Soviet Union). The same legal issues pertaining to Article 6(c) of the Nuremberg Charter also apply to Article 5(c) of the Tokyo Charter.
138:
The
Nuremberg and Tokyo Charters were applicable only to major criminals, leaving other criminals to be tried by the Allies. In Germany, the Allies acted pursuant to Control Council Law No. 10 (CCL 10) in their respective zones of occupation. But they also relied on their military and national
124:
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. A major exception was that Emperor
315:
131:
The Tokyo
Charter differs from the Nuremberg Charter in another way. The Tokyo Charter does not make "persecution" subject to "religious" grounds. This is because the
148:
82:
was no defense to war crimes, but that such circumstances may be considered in mitigation of punishment if the
Tribunal determines that justice so requires.
36:
168:
305:
275:
178:
310:
66:, the Tokyo Charter stipulated that crimes of the Japanese could be tried. Three categories of crimes were defined:
114:
94:
75:
158:
219:
153:
40:
320:
203:
78:. Article 6 of the Tokyo Charter also stated that holding an official position or acting pursuant to
67:
300:
44:
198:
163:
128:
was excluded from being tried for crimes against peace, war crimes, and crimes against humanity.
90:
52:
183:
118:
63:
32:
86:
285:
213:
79:
247:
294:
188:
132:
280:
208:
193:
117:. In addition, they would be permitted to present evidence in their defense and to
56:
48:
102:
98:
71:
260:
173:
125:
47:, on January 19, 1946 that set down the laws and procedures by which the
276:
International
Military Tribunal for the Far East Charter (IMTFE Charter)
106:
110:
261:
Nuremberg Trials Final Report
Appendix D: Control Council Law No. 10
51:
were to be conducted. The charter was issued months following the
216:(Pre-Nuremberg history of "I was just following superior orders")
286:
The
Nuremberg Trial and the Tokyo War Crimes Trials (1945–1948)
25:
International
Military Tribunal for the Far East Charter
101:, with a trial before a panel of judges rather than a
244:
Crimes
Against Humanity in International Criminal Law
16:
Post-WWII laws of adjudication of Japan's war crimes
135:did not have a counterpart in the Asian conflict.
109:evidence. Defendants who were found guilty could
316:International Military Tribunal for the Far East
281:International Military Tribunal for the Far East
149:Cases before the International Criminal Court
8:
80:order of his government or of a superior
231:
93:used by the Tokyo Trials was closer to
37:Supreme Commander for the Allied Powers
242:M. Cherif Bassiouni (July 27, 1999).
237:
235:
7:
55:on September 2, 1945, which brought
31:, was the decree issued by General
27:(IMTFE Charter), also known as the
169:Hague Conventions of 1899 and 1907
14:
179:International humanitarian law
1:
133:Nazi crimes against the Jews
105:and with wide allowance for
337:
306:Politics of World War II
115:Allied Council for Japan
76:crimes against humanity
220:War Crimes Act of 1996
154:Command responsibility
159:Crimina juris gentium
204:Nuremberg Principles
68:crimes against peace
311:Crime of aggression
113:the verdict to the
199:List of war crimes
164:Geneva Conventions
91:criminal procedure
62:Modeled after the
53:surrender of Japan
184:International Law
64:Nuremberg Charter
33:Douglas MacArthur
328:
263:
258:
252:
251:
239:
87:Nuremberg Trials
336:
335:
331:
330:
329:
327:
326:
325:
291:
290:
272:
267:
266:
259:
255:
241:
240:
233:
228:
214:Superior orders
145:
17:
12:
11:
5:
334:
332:
324:
323:
318:
313:
308:
303:
293:
292:
289:
288:
283:
278:
271:
270:External links
268:
265:
264:
253:
248:Wolters Kluwer
230:
229:
227:
224:
223:
222:
217:
211:
206:
201:
196:
191:
186:
181:
176:
171:
166:
161:
156:
151:
144:
141:
45:occupied Japan
15:
13:
10:
9:
6:
4:
3:
2:
333:
322:
319:
317:
314:
312:
309:
307:
304:
302:
299:
298:
296:
287:
284:
282:
279:
277:
274:
273:
269:
262:
257:
254:
250:. p. 32.
249:
245:
238:
236:
232:
225:
221:
218:
215:
212:
210:
207:
205:
202:
200:
197:
195:
192:
190:
189:Jus ad bellum
187:
185:
182:
180:
177:
175:
172:
170:
167:
165:
162:
160:
157:
155:
152:
150:
147:
146:
142:
140:
136:
134:
129:
127:
122:
120:
119:cross-examine
116:
112:
108:
104:
100:
96:
92:
88:
83:
81:
77:
73:
69:
65:
60:
58:
54:
50:
46:
42:
38:
34:
30:
29:Tokyo Charter
26:
21:
19:
256:
243:
209:Peace Palace
194:Jus in bello
137:
130:
123:
84:
61:
57:World War II
49:Tokyo Trials
28:
24:
22:
20:
18:
321:1946 in law
121:witnesses.
59:to an end.
301:War crimes
295:Categories
226:References
103:jury trial
99:common law
72:war crimes
95:civil law
85:Like the
174:Genocide
143:See also
126:Hirohito
97:than to
107:hearsay
111:appeal
89:, the
74:, and
41:Allied
23:The
39:in
297::
246:.
234:^
70:,
35:,
43:-
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.