All language subtitles for tokyo.trial.s01e01.webrip.x264-w4f

[theme music playing]

[narrator] Between the 1930s and 1940s,

Japan sends troops
to the Chinese mainland,

across Southeast Asia,
and into the Pacific Islands...

to engage in warfare that ultimately
leaves tens of millions of people dead.

On September 2nd, 1945,

Japan signs the Instrument of Surrender
to end the war.

The Allied powers appoint
General Douglas MacArthur

as supreme commander

and quickly occupy all of Japan.

Former Japanese cabinet ministers
and military leaders are arrested.

In November of the same year,
leaders from Nazi Germany,

Japan's ally in the war,
go on trial in Nuremberg.

In January, 1946,
using Nuremberg as a reference,

Supreme Commander MacArthur
enacts a charter for the Tokyo Trial

that outlines three categories
of war crimes.

These are crimes against peace,

conventional war crimes,

and crimes against humanity.

Twenty-eight former Japanese leaders
are then charged as class A war criminals.

The Tokyo Trial begins.

[Röling] "My dearest Lies...

It was a long journey
from the Netherlands to Tokyo,

but I am safe and settled
into the magnificent Imperial Hotel.

It's a miracle
the hotel is even standing.

From here to Yokohama,

there's nothing much left
but ashes and ruins.

The hardships faced by the people here
are almost unimaginable.

Soon, we will begin the difficult task

of searching out justice
amid the devastation and chaos.

The tribunal is being led
by Justice William Webb,

an Australian appointed
by General MacArthur,

the supreme commander.

Most of the other judges have arrived
and are staying at the hotel.

We are all men
of different birth places, backgrounds

and, I suppose, different ideas.

Justice McDougall is a trusted friend
of the Canadian prime minister.

Even though Chiang Kai-shek
is now fighting the communist army,

his administration appointed Justice Mei
to represent China.

Justice Northcroft was
a Supreme Court judge in New Zealand.

Justice Higgins from the Superior Court
in Massachusetts

is the American appointment
to our tribunal.

The French have appointed
Justice Bernard,

who fought and served as a justice
in their African colonies.

General Zaryanov,
who represents the Soviet Union,

is a loyal subordinate to Stalin.

Lord Patrick, a Scottish Justice,

was chosen to represent
the United Kingdom.

He is due to arrive any moment,

and I am eager to meet him.

My love to you and all of the children."

William Patrick.

Lord Patrick?

I'm Justice Röling from the Netherlands.
Very nice to meet you.

Justice Röling. A pleasure.

So it was quite a long trip, isn't it?

Quite.

What's the commotion?

Oh, that's Sir William Webb
from Australia.

He's our tribunal president.

No more bloodshed to cover,

these reporters try
to stir up trouble in other ways.

Why did General MacArthur choose you
as the president of the tribunal?

[reporter 1] Give us the goods.

Well, you'd better ask
the General that one, boys...

if you can get him to talk to you.

I would have thought he'd pick up
an American or even a British judge.

All my colleagues are fine jurists.

But Australia is a Pacific country.

We fought the Japanese
right to our own shores.

That has to count for something.

How long do you expect the trial to last?

Six months.

[reporter 2] That long?

We are making history, gentlemen.
And that takes time.

Good day to you.

[reporter 2] "Making history."

[violin playing]

[violin continues playing in the distance]

Um... I am Justice Bernard,
uh, from France.

[speaking French]

[speaking French]

Gentlemen... and lady.

For those of you who have not met him,

may I introduce Mr. Justice Northcroft
from New Zealand.

He will also be serving
as my acting president.

This grand building
will be our working space

for the duration of the tribunal.

Follow me, please.

I'm Higgins from Massachusetts.

[interpreter speaking Russian]

Has the General been to Massachusetts?

[interpreter speaking Russian]

[speaking Russian]

[in English] The General
does not like to visit the places

with the names he cannot spell.

[both men laughing]

[Webb] Uh, this building once housed
the Japanese Military Academy

and the War Ministry.

Some of the accused
would've planned their attacks

right here in this room.

Now, we will use it to decide their fate.

[speaking Russian]

Uh, the General says
you all share a great responsibility.

[Webb] As individual judges
in our own countries,

we decide the fate of others.

From divorce to fraud to murder.

But the issues we face on this stage
are extremely complex...

and will require
our collective skills and experience.

You've all been briefed in advance,

and you have all read the charter
that governs our duties.

However, please indulge me

as I take us through a summary
of the challenge ahead.

It falls upon us, uh,
to deal with three categories of crime.

The most striking of which
is crimes against peace,

more frequently referred to
as crimes of aggression.

We are being asked
whether or not these leaders

conspired to plan
and wage aggressive war.

We are also being asked
to consider crimes against humanity.

They include murder, extermination,
enslavement, deportation,

and other inequities, including...

uh, crimes committed by a power
on its own citizens.

Finally, we have to consider
conventional...

war crimes.

That is...

ill treatment of prisoners of war

and atrocities committed
on the battlefield.

In other words, crimes that violate
the traditional rules of war.

In China, millions of people were killed,
most of them civilians.

I sympathize with your countrymen,
Justice Mei,

as I do with the soldiers
and civilians of all our nations.

However, we must be careful as we tread
a fine line between justice and revenge.

I wasn't thinking of revenge.

I was referring to the fact
that the atrocities in China

are grave crimes under international law.

With respect to Justice Mei,
aside from courtroom blueprints,

Nuremberg clearly provides us
with strong legal precedents to uphold.

Oh, there are many differences
between events in Europe

and those here in the Pacific.

It seems to me the crimes are the same.

The whole world
will be following this trial,

and every argument and decision we make.

All the more reason to uphold
the precedents of Nuremberg.

Yes.

As I was saying,
we face an immense challenge.

I am confident
we will find a way through it.

How very tragic that China
should've reengaged in civil war.

Yes, uh, heartbreaking waste of lives.

Some of my family are missing.

I'm so sorry.

I believe you play the violin,
Justice Röling.

-Somebody complained already?
-[chuckles] Not at all.

I heard music in the hall.

Perhaps you'll play for the rest of us
some evening.

Oh, only after you've all
had plenty to drink.

[Webb] Our courtroom.

Designed to replicate the one being used
to try the Nazis in Nuremberg.

This evening there will be a screening
of the film about the Nuremberg Trial

in the hotel cinema,

for those of you who want to attend.

[man coughs]

[sirens wailing on speakers]

[man on speakers] Nationalistic pride

turned a blind eye towards the horrors
of these concentration camps.

As the corpses continue to be counted,

this grim footage was entered
into evidence in Nuremberg,

where 24 political and military
leaders of the Third Reich

are tried for war crimes
and for crimes against humanity.

[Patrick sighs]

Some of my colleagues
on the Utrecht Court were taken away.

All of them Jewish.

I saw a lot of horrors in World War I.

Nothing quite like tonight.

That is why I consider this tribunal
to be so important.

Japan occupied Asia-Pacific,
all the way from China...

-to here...
-Mmm-hmm.

...to Dutch East Indies.

Overtaken early in the war
for strategic purposes.

Are those natural resources?

Yeah, oil and rubber.

-Oh, precisely.
-[McDougall] Mmm.

Because of Japan's occupation
in China and Indochina,

as well as its relationship
with the fascists in Germany and Italy,

the United States and others

had placed an embargo on them
before the war.

Japan has no natural oil resources.

Therefore,
Indonesia became an important target.

Hmm.

Some of my wife's family
were there at the time.

They were forced
into Japanese prison camps.

Gentlemen, please join us.

[Webb] Twenty-eight men
have been accused of war crimes.

Now, these men
are made up of military leaders,

politicians and others
who may have influenced them.

The jurisdiction of the trial,

the period we're interested in,

starts with the Pact of Paris in 1928

and ends with Japan's surrender in 1945.

I open the floor for discussion.

I have, um, one question.

How was the list
of the accused constructed?

A team of prosecutors
combed through the Japanese documents,

intercepts and the accounts
of expert witnesses.

Considering that Japan has had
17 prime ministers in the last 15 years

and that, as soon as the war ended,

the Japanese burned
many of their documents,

the list must have been hard work.

Do you have a particular point
you wish to make, Justice Röling?

It all looks rather arbitrary.

And then, suddenly, two new names
have been added at the bottom.

On what grounds?

Uh, Justice Zaryanov can answer that.

[speaking Russian]

[in English] Uh, Shigemitsu
participated in Japan's conspiracy

when he was an ambassador in Moscow.

I believe our Soviet friends
have a keen interest...

in prosecuting Shigemitsu and Umezu.

Because, uh, they are
considered anti-communists?

[Higgins] Moscow asked that they be added.

General MacArthur and the prosecution
have obviously agreed.

[speaking Russian]

[in English] Uh, the General does not wish
this matter debated in this informal way.

[Zaryanov speaking Russian]

[in English] Uh, the names are here,
and the evidence will be presented later.

Is not the purpose of this meeting
to speak openly?

Oh, yes. That's important.

But the list is a fait accompli.

The Russians made a request
to add two names.

We acceded to their request.
The matter is now closed.

So what, then, is your agenda,
Sir William?

To focus on our goals with respect
to the definitions of the crimes

and whether those crimes were committed.

You have previously defined
the crimes for us.

As I see it, therefore,
our goal is to decide whether

the accused should be released
back into the world,

or imprisoned or executed
in order to pay for their crimes

and thus dissuade anyone else
from ever engaging in similar actions.

Agreed.

Well stated, Lord Patrick.

[violin playing]

-[all applauding]
-[McDougall] Hmm!

-[Patrick] Well done, Röling.
-Thank you.

[Patrick] Music is what we need.

And, this...

Thank you very much.

A Dutchman who doesn't drink?

As long as I can do with the violin,
I can do without the brandy.

[chuckles] I understand.

At home, I survive the stress
by gardening.

Not much chance of that here, I'm afraid.

Thank you.

So, tell us, what do you think
about the tribunal so far?

Well...

um... I find it, uh, fascinating.

That's a safe answer.

Go on.

I'm keen to discover
how those in charge of Japan

came to their decisions.

You'll only discover that the politicians
and the military... [clears throat]

-do not always follow the same script.
-[Northcroft] Yes.

And too often in these circumstances,
the military prevail.

Of course, it hardly matters
whether they knew or not.

If the Japanese politicians
lost control of their military,

that makes them more, not less, culpable.

-[Northcroft] I agree.
-Even if they were lied to?

[Patrick] Perhaps we are getting
ahead of ourselves this evening.

Let's return to the music, shall we?

Well, um...

then I think that I'm going to play
another Kreisler.

-[Higgins] How wonderful.
-Yes?

-[Patrick] Good!
-[McDougall] Yeah.

[violin playing]

I would like to discuss
the emperor's culpability in the war.

I imagine this will create debate.

Sir William, he's not been indicted.

I know.

This was not on your agenda
the other day.

True, but today it is.

It is not for us as judges
to tamper with the agenda.

We need to get at the truth,
regardless of the consequences.

[Bernard] I agree.

And that's why I think we should discuss
of the emperor's culpability.

[Webb] I wrote a report about
the Japanese military during the war,

so I'm very familiar
with their politics and protocol.

The emperor
did have ultimate responsibility.

Which is why I want us
to consider his part in all of this.

Apropos to this, um...

I wish to bring up
certain protocol of our own.

It is obvious there'll be times
when we will differ with each other.

On these, hopefully, rare occasions,

we should consider
how to present our position,

even if we can't come
to a unanimous decision.

[speaking Russian]

[in English] Um... uh, the General
believes that the issue of the emperor

could go on forever.

It is best to answer the issue
as raised by Justice Mei.

[Patrick] Exactly.

[speaking Russian]

[in English] Uh, he made a joke about...

[stammering] ...being in school
because you put up your hand.

[all chuckling]

Um...

In my country, it is customary

to honor the confidentiality
of the judge's chamber.

Uh, in my country, too.

And even a majority verdict,
um, is presented as unanimous.

So dissent or contrary arguments

are never disclosed
until after the trial is over.

And I would like to propose
that we adopt this process.

I will second the motion.

[Webb] All right.

For today, all those in favor
of Justice Röling's motion...

Carried.

[MacArthur] The Allied forces have decided

to add a judge from India
and one from the Philippines.

Washington was opposed to representation
from India from the beginning.

The State Department has changed its mind.

They seem to think it prudent that we add
a few more Asian judges to the mix.

I can manage the increased number.

Ah, good. Good.
I have a few recommendations for you.

And I'd also like to speak
at the opening of the tribunal.

I think it might help
to move things along.

But the trial and its affairs
are the purview of the judges.

As president of the tribunal,
I cannot let you speak.

Nor can I allow you
to influence our deliberations.

You have a definite lack of détente, Webb.

I like that.

[inhales sharply] All right.

I'll withdraw my request.

Why has the Emperor Hirohito
been excluded from the list of accused?

Are you asking
as a representative of Australia?

No, not in any official capacity.

Ah.

[takes deep breath]

I have found no tangible evidence
that the emperor played a decisive role

in the Japanese political decisions
of the past decade.

Now, I wrote those very words...

to Eisenhower...

back in January.

The Emperor Hirohito is a figure
of great importance.

It's through him
that we'll legitimize and justify

our reform program moving forward.

-Are you telling me--
-[knocking on door]

[MacArthur] Yes?

[man] Your next meeting
is waiting for you, sir.

[MacArthur] Thank you.

And thank you.

-[knocking on door]
-[Webb] Come in.

Uh, good evening, Sir William.

Oh, Justice Mei.

More protocol, I'm afraid.

You have the British judge
sitting in my place.

I'm afraid I don't follow you.

On the Japanese Instrument of Surrender,
America signed first, then China.

The seating arrangement for the judges
should reflect this.

Right now, you have Lord Patrick
sitting where I should sit.

My country suffered the most
from this war,

and my place in the seating arrangement
says a great deal to millions of Asians.

Thank you.

[crowd cheering and applauding]

[host] And that's her, Kate.
Let's hear it, boys.

Give her a ten
and a nice, big round of applause

for your lovely contestant from Australia.

[crowd applauding]

And now, speaking of occupation,

I've got a big preoccupation
with our next contestant.

It's none other than Barbara.

-Come on over, Barbara.
-[crowd cheering and applauding]

Crazy, isn't it?

What's that?

I was in Pearl Harbor when they attacked.

Took some shrapnel in the leg.

Lost some good buddies.

We spent four years
pounding the shit out of each other,

and now we're gonna help them rebuild.

Oh, well.

Give 'em a fair trial.

And hang 'em.

To a fair trial.

[crowd cheering and applauding]

[host] And now, it's my distinct pleasure
to introduce to you

none other than Ichiko from Yokohama!

-[crowd applauding]
-[man in crowd] Yokohama!

[man in Japanese] The International
Military Tribunal for the Far East

convened to try 28 war crime suspects
led by former General Tojo,

plunging not only the people of Japan,

but also a billion people
in the Far East into misery.

Well... [sighs]

-The marathon begins.
-Oh...

I'm hoping it's a sprint.

-Seating arrangements fine?
-Oh, very good. Thank you.

Gentlemen...

I will speak, ask and respond to questions
on our collective behalf.

[knocking on door]

[court marshal] All rise.

The International Military Tribunal
for the Far East is now in session.

There has been no more
important criminal trial...

in all history.

The accused before us...

include former prime ministers,
finance ministers, chiefs of staff...

and others who have filled
the highest places

in the government of Japan.

The former high rank of the accused...

entitles them to no greater consideration

than would be extended
to the humblest Japanese private...

or Korean guard.

To our great task...

we bring open minds,

both on the facts and the law.

The onus will be on the prosecution

to establish guilt
beyond a reasonable doubt.

I will now call on the accused
to plead guilty...

or not guilty.

[interpreter] Excuse me, Mr. President.

Defense lawyer Kiyose.

[speaking Japanese]

[interpreter] Before the commencement
of this arraignment process,

one point I would like to make
is that Sir Webb is not qualified

to administer justice in this trial.

On what grounds?

[interpreter] I wish to assure you
that this challenge is made

with the greatest respect for this court.

But, from a standpoint of fairness,

you should not be permitted
to conduct this trial

because you have already investigated
alleged Japanese atrocities in New Guinea.

[Webb] I'll take no part in the response.

Justice Northcroft?

Article 2 of the charter

prescribes that the tribunal shall consist
of members appointed by General MacArthur,

the supreme commander.

That being so,
it does not rest with the tribunal

to unseat anyone appointed
by the supreme commander.

I will now call on the accused to plead.

Araki Sadao.

How do you plead?

[speaking Japanese]

[interpreter] I do not accept
any of these charges.

Not guilty.

[Webb] Shigemitsu Mamoru.

How do you plead?

[speaking indistinctly]

[interpreter] I plead not guilty.

Defendant Tojo, former prime minister.

[speaking Japanese]

[interpreter] To all these charges,
I plead not guilty.

[speaking indistinctly]

[inaudible]

[interpreter] Not guilty.

[indistinct chatter]

The Japanese defense counsel Kiyose
was clever.

Did you feel offended by it?

He questioned my integrity.

You did previously investigate
Japanese war crimes.

He was playing a smart legal card...

not making a personal insult.

I investigated war crimes in New Guinea
based on evidence

and made my decisions without bias.

-As I will again do so here in Tokyo.
-Hmm.

Water under the bridge, Sir William.

The challenge was
nicely rejected by Northcroft,

all in accordance with the charter.

I shouldn't need the charter
to protect me.

If you'll excuse me, gentlemen,
I have some work to do.

Excuse me.

It takes fortitude to maintain
a courtroom at this level.

Few men can do it.

[speaking Russian]

[in English] He says the headmaster
has left and now we can relax.

Let's drink.

[all laughing]

Not for me, thank you.
I'm rather tired.

[speaking Russian]

[in English] "To Russians,
it is culturally important to accept."

[Webb sighs]

I give the floor to the defense counsel,
Mr. Kiyose.

[man speaking Japanese]

[interpreter] I would like to
explain a motion I am putting forward

with respect to the jurisdiction
of this tribunal.

The Pact of Paris, 1928, condemns war
as an instrument of national policy...

but does not consider it a crime.

This tribunal does not have the authority
to try crimes against peace.

And therefore, the counts related to them
should be excluded immediately.

-[indistinct chatter]
-[Webb] Order! Order!

Mr. Blakeney, you wish to speak?

The proposition that killing in war
is not murder.

That killing in war is not murder...

follows from the fact that war is legal.

This legalized killing...

justifiable homicide...
technically, perhaps...

however repulsive, however abhorrent,

has never been thought of as...
imposing criminal responsibility.

If the killing of Admiral Kido...

by the bombing of Pearl Harbor...

is murder...

we know the name of the very man

whose hands loosed
the atomic bomb on Hiroshima.

We know all the chief of staff
who planned that act.

We know the chief
of the responsible state.

President Webb,
what do you think of the defense motion

that the tribunal
has no authority to try anyone

for crimes of aggression?

If they are right,
wouldn't the trial have to be dismissed?

Hey, you gonna file charges
against President Truman

for the bombing of Hiroshima and Nagasaki?

Kiyose and Blakeney
intend to challenge every count.

In which case, we should all go home.

[Patrick] The Nazis used the same defense.

Arguing that war is legal...

and that the plotting and execution of war
by Nazi officials was also legal.

It didn't work there,
and it won't work here.

In my opinion, we need to consider
any historical precedents,

not just an argument based on Nuremberg.

[Zaryanov speaking Russian]

[in English] Uh... the General...

I... I do not wish to repeat
exactly what he said,

but he asks us all to remember
that many lives were lost in this war.

And the challenges by the defense team

must be overruled
with or without precedence.

We do know that the Treaty of Versailles
ascribed guilt to Germany

and forced it to pay for losses
incurred in World War I.

And the international community
outlawed the waging of aggressive war

as a direct result
of the anti-war Pact of Paris of 1928.

Which Japan signs,
setting its own legal precedent.

Our response to Kiyose
should be that the interpretation of law

is constantly evolving
towards greater justice.

And as for Blakeney, well...

we've been appointed to judge
Japanese war criminals,

not the actions of the Americans.

That may be for a future tribunal.

For now, the motions by the defense team
must be overruled.

I think we need to discuss the defense
arguments at greater length.

To what end?

So that others do not later question
our deliberations and their outcome.

Entertaining and ultimately
rejecting the motion...

is a complete and utter waste of time.

[Webb] We have no choice
but to deny the motion.

We have to press forward.

As the president, I will write up
a statement of reasons for the denial...

to be reviewed
and discussed by us all later.

[door opens]

[door closes]

[indistinct chatter]

[Webb] Röling.

Let me introduce
Mr. Justice Pal from India.

Nice to meet you.
Bert Röling.

-Oh, you're the judge from Netherlands.
-Yes, indeed.

You've got quite some catching up
to do, hmm?

"Even the majority verdict
is presented as unanimous.

Dissent is never disclosed."

-I beg your pardon?
-Your words in the chamber.

I heard most of your discussion
while having tea with President Webb.

[chuckles]

-[classical music playing]
-[indistinct chatter]

[McDougall] Justice Röling.

I'd like you to meet Justice Jaranilla
from the Philippines.

Just arrived.

-Welcome to Japan.
-Thank you.

Thank you very much.

Not long ago, I could not have imagined

-being on Japanese soil.
-[McDougall] Mmm.

Nor handing out justice, I suspect.

Certainly not
in these peaceful circumstances.

[Willink] Gentlemen.

-Good evening.
-Evening.

[both speaking Dutch]

-[in English] Excuse us for a moment.
-Of course.

[in Dutch] Are you enjoying Tokyo?

How is the tribunal going?

Well... you are always welcome
at the Liaison Mission.

[speaking Dutch]

Who's playing, General?

Uh, Eta Schneider.
Quite famous in Germany before the war.

She came all this way for a party?

[laughs] Hardly.
She's been stranded here since 1941.

[piano playing]

[indistinct chatter]

[Röling] Frau Schneider?

Frau Harich-Schneider.

[speaking German]
Frau Harich-Schneider.

[in English] My name is Bert Röling.

Should I know you?

-[stammers] I play the violin.
-How nice for you.

I thought maybe we could
play together someday.

I don't play with amateurs.

[speaking indistinctly]

General Willink?

Is that man an employee
of your Dutch Liaison?

Justice Röling?

He's our man on the tribunal.

Ah.

Get a card.

Well...

I would have to assess your ability.

That would be a great honor.

Call me.

If my schedule is free, we'll set a date.

Danke schön.

What's going on?

I'm going home.

Why?

In all good conscience,

I cannot continue to be part
of these proceedings.

But your own president
asked you to take on this duty.

He also told me it would take
no longer than six to seven months.

Well, that isn't gonna happen.
Not from where I stand.

The prosecution and defense teams
are stonewalling the entire process.

And our fellow judges
have already adopted a position.

We should all work together
to improve the process.

We'll welcome any proposals
you might have.

I have made proposals
and they were not accepted.

Then let's reexamine them.

If you leave now,
it sends a very bad message.

I am sorry. I have already given this
a great deal of thought.

My first sworn duty is to serve

as the chief justice
of the Massachusetts Superior Court.

I cannot forsake that for this.

I wish you all good luck.

[solemn music playing]