The International Military Tribunal for the Far East Charter (IMTFE Charter), also known as the Tokyo Charter, was the decree issued by General Douglas MacArthur, Supreme Commander for the Allied Powers in Allied-

occupied Japan Japan was occupied and administered by the victorious Allies of World War II from the 1945 surrender of the Empire of Japan at the end of the war until the Treaty of San Francisco took effect in 1952. The occupation, led by the United State ...

, on January 19, 1946 that set down the laws and procedures by which the

Tokyo Trials The International Military Tribunal for the Far East (IMTFE), also known as the Tokyo Trial or the Tokyo War Crimes Tribunal, was a military trial convened on April 29, 1946 to try leaders of the Empire of Japan for crimes against peace, conv ...

were to be conducted. The charter was issued months following the surrender of Japan on September 2, 1945, which brought

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...

to an end. Modeled after the

Nuremberg Charter The Charter of the International Military Tribunal – Annex to the Agreement for the prosecution and punishment of the major war criminals of the European Axis (usually referred to as the Nuremberg Charter or London Charter) was the decree issue ...

, the Tokyo Charter stipulated that crimes of the Japanese could be tried. Three categories of crimes were defined:

crimes against peace A crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an ...

, war crimes, and crimes against humanity. Article 6 of the Tokyo Charter also stated that holding an official position or acting pursuant to order of his government or of a superior 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. Like the

Nuremberg Trials The Nuremberg trials were held by the Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945, Nazi Germany invaded m ...

, the criminal procedure used by the Tokyo Trials was closer to civil law than to

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

, with a trial before a panel of judges rather than a

jury trial A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significan ...

and with wide allowance for

hearsay Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmiss ...

evidence. Defendants who were found guilty could appeal the verdict to the

Allied Council for Japan Japan was occupied and administered by the victorious Allies of World War II from the 1945 surrender of the Empire of Japan at the end of the war until the Treaty of San Francisco took effect in 1952. The occupation, led by the United States wi ...

. In addition, they would be permitted to present evidence in their defense and to cross-examine witnesses. 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 Hirohito was excluded from being tried for crimes against peace, war crimes, and crimes against humanity. 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 Nazi crimes against the Jews did not have a counterpart in the Asian conflict. 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)Nuremberg Trials Final Report Appendix D: Control Council Law No. 10
/ref> in their respective zones of occupation. But they also relied on their military and national 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.

References

External links

International Military Tribunal for the Far East Charter (IMTFE Charter)The Nuremberg Trial and the Tokyo War Crimes Trials (1945–1948)
{{DEFAULTSORT:Tokyo Charter War crimes Politics of World War II Crimes against humanity Crime of aggression International Military Tribunal for the Far East 1946 in law

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External links