Knowledge (XXG)

Tokyo Charter

Source 📝

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:-

Index

Douglas MacArthur
Supreme Commander for the Allied Powers
Allied
occupied Japan
Tokyo Trials
surrender of Japan
World War II
Nuremberg Charter
crimes against peace
war crimes
crimes against humanity
order of his government or of a superior
Nuremberg Trials
criminal procedure
civil law
common law
jury trial
hearsay
appeal
Allied Council for Japan
cross-examine
Hirohito
Nazi crimes against the Jews
Cases before the International Criminal Court
Command responsibility
Crimina juris gentium
Geneva Conventions
Hague Conventions of 1899 and 1907
Genocide
International humanitarian law

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.