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[theme music playing]
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[narrator] Between the 1930s and 1940s,
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Japan sends troops
to the Chinese mainland,
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across Southeast Asia,
and into the Pacific Islands...
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to engage in warfare that ultimately
leaves tens of millions of people dead.
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On September 2nd, 1945,
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Japan signs the Instrument of Surrender
to end the war.
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The Allied powers appoint
General Douglas MacArthur
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as supreme commander
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and quickly occupy all of Japan.
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Former Japanese cabinet ministers
and military leaders are arrested.
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In November of the same year,
leaders from Nazi Germany,
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Japan's ally in the war,
go on trial in Nuremberg.
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In January, 1946,
using Nuremberg as a reference,
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Supreme Commander MacArthur
enacts a charter for the Tokyo Trial
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that outlines three categories
of war crimes.
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These are crimes against peace,
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conventional war crimes,
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and crimes against humanity.
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Twenty-eight former Japanese leaders
are then charged as class A war criminals.
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The Tokyo Trial begins.
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[Röling] "My dearest Lies...
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It was a long journey
from the Netherlands to Tokyo,
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but I am safe and settled
into the magnificent Imperial Hotel.
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It's a miracle
the hotel is even standing.
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From here to Yokohama,
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there's nothing much left
but ashes and ruins.
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The hardships faced by the people here
are almost unimaginable.
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Soon, we will begin the difficult task
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of searching out justice
amid the devastation and chaos.
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The tribunal is being led
by Justice William Webb,
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an Australian appointed
by General MacArthur,
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the supreme commander.
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Most of the other judges have arrived
and are staying at the hotel.
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We are all men
of different birth places, backgrounds
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and, I suppose, different ideas.
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Justice McDougall is a trusted friend
of the Canadian prime minister.
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Even though Chiang Kai-shek
is now fighting the communist army,
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his administration appointed Justice Mei
to represent China.
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Justice Northcroft was
a Supreme Court judge in New Zealand.
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Justice Higgins from the Superior Court
in Massachusetts
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is the American appointment
to our tribunal.
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The French have appointed
Justice Bernard,
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who fought and served as a justice
in their African colonies.
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General Zaryanov,
who represents the Soviet Union,
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is a loyal subordinate to Stalin.
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Lord Patrick, a Scottish Justice,
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was chosen to represent
the United Kingdom.
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He is due to arrive any moment,
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and I am eager to meet him.
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My love to you and all of the children."
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William Patrick.
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Lord Patrick?
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I'm Justice Röling from the Netherlands.
Very nice to meet you.
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Justice Röling. A pleasure.
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So it was quite a long trip, isn't it?
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Quite.
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What's the commotion?
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Oh, that's Sir William Webb
from Australia.
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He's our tribunal president.
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No more bloodshed to cover,
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these reporters try
to stir up trouble in other ways.
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Why did General MacArthur choose you
as the president of the tribunal?
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[reporter 1] Give us the goods.
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Well, you'd better ask
the General that one, boys...
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if you can get him to talk to you.
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I would have thought he'd pick up
an American or even a British judge.
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All my colleagues are fine jurists.
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But Australia is a Pacific country.
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We fought the Japanese
right to our own shores.
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That has to count for something.
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How long do you expect the trial to last?
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Six months.
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[reporter 2] That long?
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We are making history, gentlemen.
And that takes time.
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Good day to you.
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[reporter 2] "Making history."
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[violin playing]
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[violin continues playing in the distance]
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Um... I am Justice Bernard,
uh, from France.
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[speaking French]
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[speaking French]
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Gentlemen... and lady.
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For those of you who have not met him,
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may I introduce Mr. Justice Northcroft
from New Zealand.
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He will also be serving
as my acting president.
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This grand building
will be our working space
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for the duration of the tribunal.
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Follow me, please.
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I'm Higgins from Massachusetts.
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[interpreter speaking Russian]
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Has the General been to Massachusetts?
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[interpreter speaking Russian]
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[speaking Russian]
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[in English] The General
does not like to visit the places
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with the names he cannot spell.
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[both men laughing]
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[Webb] Uh, this building once housed
the Japanese Military Academy
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and the War Ministry.
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Some of the accused
would've planned their attacks
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right here in this room.
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Now, we will use it to decide their fate.
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[speaking Russian]
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Uh, the General says
you all share a great responsibility.
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[Webb] As individual judges
in our own countries,
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we decide the fate of others.
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From divorce to fraud to murder.
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But the issues we face on this stage
are extremely complex...
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and will require
our collective skills and experience.
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You've all been briefed in advance,
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and you have all read the charter
that governs our duties.
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However, please indulge me
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as I take us through a summary
of the challenge ahead.
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It falls upon us, uh,
to deal with three categories of crime.
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The most striking of which
is crimes against peace,
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more frequently referred to
as crimes of aggression.
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We are being asked
whether or not these leaders
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conspired to plan
and wage aggressive war.
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We are also being asked
to consider crimes against humanity.
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They include murder, extermination,
enslavement, deportation,
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and other inequities, including...
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uh, crimes committed by a power
on its own citizens.
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Finally, we have to consider
conventional...
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war crimes.
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That is...
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ill treatment of prisoners of war
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and atrocities committed
on the battlefield.
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In other words, crimes that violate
the traditional rules of war.
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In China, millions of people were killed,
most of them civilians.
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I sympathize with your countrymen,
Justice Mei,
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as I do with the soldiers
and civilians of all our nations.
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However, we must be careful as we tread
a fine line between justice and revenge.
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I wasn't thinking of revenge.
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I was referring to the fact
that the atrocities in China
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are grave crimes under international law.
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With respect to Justice Mei,
aside from courtroom blueprints,
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Nuremberg clearly provides us
with strong legal precedents to uphold.
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Oh, there are many differences
between events in Europe
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and those here in the Pacific.
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It seems to me the crimes are the same.
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The whole world
will be following this trial,
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and every argument and decision we make.
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All the more reason to uphold
the precedents of Nuremberg.
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Yes.
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As I was saying,
we face an immense challenge.
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I am confident
we will find a way through it.
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How very tragic that China
should've reengaged in civil war.
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Yes, uh, heartbreaking waste of lives.
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Some of my family are missing.
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I'm so sorry.
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I believe you play the violin,
Justice Röling.
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-Somebody complained already?
-[chuckles] Not at all.
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I heard music in the hall.
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Perhaps you'll play for the rest of us
some evening.
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Oh, only after you've all
had plenty to drink.
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[Webb] Our courtroom.
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Designed to replicate the one being used
to try the Nazis in Nuremberg.
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This evening there will be a screening
of the film about the Nuremberg Trial
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in the hotel cinema,
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for those of you who want to attend.
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[man coughs]
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[sirens wailing on speakers]
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[man on speakers] Nationalistic pride
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turned a blind eye towards the horrors
of these concentration camps.
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As the corpses continue to be counted,
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this grim footage was entered
into evidence in Nuremberg,
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where 24 political and military
leaders of the Third Reich
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are tried for war crimes
and for crimes against humanity.
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[Patrick sighs]
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Some of my colleagues
on the Utrecht Court were taken away.
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All of them Jewish.
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I saw a lot of horrors in World War I.
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Nothing quite like tonight.
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That is why I consider this tribunal
to be so important.
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Japan occupied Asia-Pacific,
all the way from China...
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-to here...
-Mmm-hmm.
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...to Dutch East Indies.
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Overtaken early in the war
for strategic purposes.
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Are those natural resources?
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Yeah, oil and rubber.
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-Oh, precisely.
-[McDougall] Mmm.
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Because of Japan's occupation
in China and Indochina,
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as well as its relationship
with the fascists in Germany and Italy,
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the United States and others
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had placed an embargo on them
before the war.
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Japan has no natural oil resources.
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Therefore,
Indonesia became an important target.
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Hmm.
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Some of my wife's family
were there at the time.
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They were forced
into Japanese prison camps.
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Gentlemen, please join us.
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[Webb] Twenty-eight men
have been accused of war crimes.
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Now, these men
are made up of military leaders,
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politicians and others
who may have influenced them.
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The jurisdiction of the trial,
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the period we're interested in,
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starts with the Pact of Paris in 1928
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and ends with Japan's surrender in 1945.
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I open the floor for discussion.
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I have, um, one question.
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How was the list
of the accused constructed?
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A team of prosecutors
combed through the Japanese documents,
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intercepts and the accounts
of expert witnesses.
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Considering that Japan has had
17 prime ministers in the last 15 years
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and that, as soon as the war ended,
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the Japanese burned
many of their documents,
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the list must have been hard work.
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Do you have a particular point
you wish to make, Justice Röling?
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It all looks rather arbitrary.
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And then, suddenly, two new names
have been added at the bottom.
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On what grounds?
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Uh, Justice Zaryanov can answer that.
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[speaking Russian]
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[in English] Uh, Shigemitsu
participated in Japan's conspiracy
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when he was an ambassador in Moscow.
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I believe our Soviet friends
have a keen interest...
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in prosecuting Shigemitsu and Umezu.
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Because, uh, they are
considered anti-communists?
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[Higgins] Moscow asked that they be added.
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General MacArthur and the prosecution
have obviously agreed.
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[speaking Russian]
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[in English] Uh, the General does not wish
this matter debated in this informal way.
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[Zaryanov speaking Russian]
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[in English] Uh, the names are here,
and the evidence will be presented later.
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Is not the purpose of this meeting
to speak openly?
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Oh, yes. That's important.
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But the list is a fait accompli.
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The Russians made a request
to add two names.
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We acceded to their request.
The matter is now closed.
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So what, then, is your agenda,
Sir William?
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To focus on our goals with respect
to the definitions of the crimes
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and whether those crimes were committed.
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You have previously defined
the crimes for us.
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As I see it, therefore,
our goal is to decide whether
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the accused should be released
back into the world,
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or imprisoned or executed
in order to pay for their crimes
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and thus dissuade anyone else
from ever engaging in similar actions.
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Agreed.
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Well stated, Lord Patrick.
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[violin playing]
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-[all applauding]
-[McDougall] Hmm!
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-[Patrick] Well done, Röling.
-Thank you.
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[Patrick] Music is what we need.
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And, this...
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Thank you very much.
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A Dutchman who doesn't drink?
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As long as I can do with the violin,
I can do without the brandy.
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[chuckles] I understand.
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At home, I survive the stress
by gardening.
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Not much chance of that here, I'm afraid.
251
00:18:51,013 --> 00:18:52,098
Thank you.
252
00:18:53,265 --> 00:18:57,061
So, tell us, what do you think
about the tribunal so far?
253
00:18:57,729 --> 00:18:59,021
Well...
254
00:18:59,105 --> 00:19:02,817
um... I find it, uh, fascinating.
255
00:19:03,442 --> 00:19:05,236
That's a safe answer.
256
00:19:05,319 --> 00:19:06,696
Go on.
257
00:19:06,779 --> 00:19:10,366
I'm keen to discover
how those in charge of Japan
258
00:19:10,449 --> 00:19:11,909
came to their decisions.
259
00:19:11,993 --> 00:19:15,537
You'll only discover that the politicians
and the military... [clears throat]
260
00:19:15,621 --> 00:19:18,833
-do not always follow the same script.
-[Northcroft] Yes.
261
00:19:19,541 --> 00:19:23,337
And too often in these circumstances,
the military prevail.
262
00:19:23,420 --> 00:19:27,674
Of course, it hardly matters
whether they knew or not.
263
00:19:28,592 --> 00:19:33,848
If the Japanese politicians
lost control of their military,
264
00:19:33,931 --> 00:19:37,268
that makes them more, not less, culpable.
265
00:19:37,351 --> 00:19:40,312
-[Northcroft] I agree.
-Even if they were lied to?
266
00:19:43,440 --> 00:19:45,902
[Patrick] Perhaps we are getting
ahead of ourselves this evening.
267
00:19:46,527 --> 00:19:48,780
Let's return to the music, shall we?
268
00:19:48,863 --> 00:19:50,322
Well, um...
269
00:19:51,615 --> 00:19:54,911
then I think that I'm going to play
another Kreisler.
270
00:19:54,994 --> 00:19:56,328
-[Higgins] How wonderful.
-Yes?
271
00:19:56,412 --> 00:19:57,621
-[Patrick] Good!
-[McDougall] Yeah.
272
00:20:01,708 --> 00:20:03,294
[violin playing]
273
00:20:49,548 --> 00:20:53,510
I would like to discuss
the emperor's culpability in the war.
274
00:20:53,594 --> 00:20:56,138
I imagine this will create debate.
275
00:20:56,222 --> 00:20:59,516
Sir William, he's not been indicted.
276
00:20:59,600 --> 00:21:00,810
I know.
277
00:21:00,893 --> 00:21:03,562
This was not on your agenda
the other day.
278
00:21:03,645 --> 00:21:05,272
True, but today it is.
279
00:21:05,356 --> 00:21:08,359
It is not for us as judges
to tamper with the agenda.
280
00:21:09,193 --> 00:21:12,279
We need to get at the truth,
regardless of the consequences.
281
00:21:12,363 --> 00:21:13,948
[Bernard] I agree.
282
00:21:14,031 --> 00:21:18,911
And that's why I think we should discuss
of the emperor's culpability.
283
00:21:20,079 --> 00:21:23,124
[Webb] I wrote a report about
the Japanese military during the war,
284
00:21:23,958 --> 00:21:28,045
so I'm very familiar
with their politics and protocol.
285
00:21:28,129 --> 00:21:32,216
The emperor
did have ultimate responsibility.
286
00:21:32,299 --> 00:21:35,469
Which is why I want us
to consider his part in all of this.
287
00:21:36,929 --> 00:21:39,015
Apropos to this, um...
288
00:21:39,098 --> 00:21:42,143
I wish to bring up
certain protocol of our own.
289
00:21:42,226 --> 00:21:46,647
It is obvious there'll be times
when we will differ with each other.
290
00:21:46,730 --> 00:21:50,276
On these, hopefully, rare occasions,
291
00:21:50,359 --> 00:21:52,945
we should consider
how to present our position,
292
00:21:53,029 --> 00:21:56,198
even if we can't come
to a unanimous decision.
293
00:21:57,074 --> 00:21:58,492
[speaking Russian]
294
00:22:06,375 --> 00:22:10,254
[in English] Um... uh, the General
believes that the issue of the emperor
295
00:22:10,337 --> 00:22:11,463
could go on forever.
296
00:22:11,547 --> 00:22:14,926
It is best to answer the issue
as raised by Justice Mei.
297
00:22:15,009 --> 00:22:16,052
[Patrick] Exactly.
298
00:22:18,054 --> 00:22:20,722
[speaking Russian]
299
00:22:26,020 --> 00:22:28,689
[in English] Uh, he made a joke about...
300
00:22:28,772 --> 00:22:31,483
[stammering] ...being in school
because you put up your hand.
301
00:22:31,567 --> 00:22:33,319
[all chuckling]
302
00:22:33,402 --> 00:22:34,570
Um...
303
00:22:35,487 --> 00:22:38,240
In my country, it is customary
304
00:22:38,324 --> 00:22:41,702
to honor the confidentiality
of the judge's chamber.
305
00:22:41,785 --> 00:22:43,287
Uh, in my country, too.
306
00:22:43,370 --> 00:22:48,792
And even a majority verdict,
um, is presented as unanimous.
307
00:22:48,875 --> 00:22:51,712
So dissent or contrary arguments
308
00:22:51,795 --> 00:22:55,382
are never disclosed
until after the trial is over.
309
00:22:55,466 --> 00:22:59,971
And I would like to propose
that we adopt this process.
310
00:23:00,054 --> 00:23:01,973
I will second the motion.
311
00:23:02,056 --> 00:23:03,599
[Webb] All right.
312
00:23:03,682 --> 00:23:07,311
For today, all those in favor
of Justice Röling's motion...
313
00:23:10,772 --> 00:23:11,898
Carried.
314
00:23:17,989 --> 00:23:19,823
[MacArthur] The Allied forces have decided
315
00:23:19,906 --> 00:23:23,619
to add a judge from India
and one from the Philippines.
316
00:23:23,702 --> 00:23:28,499
Washington was opposed to representation
from India from the beginning.
317
00:23:28,582 --> 00:23:30,542
The State Department has changed its mind.
318
00:23:30,626 --> 00:23:35,631
They seem to think it prudent that we add
a few more Asian judges to the mix.
319
00:23:35,714 --> 00:23:37,924
I can manage the increased number.
320
00:23:38,009 --> 00:23:40,844
Ah, good. Good.
I have a few recommendations for you.
321
00:23:40,927 --> 00:23:43,347
And I'd also like to speak
at the opening of the tribunal.
322
00:23:43,430 --> 00:23:45,224
I think it might help
to move things along.
323
00:23:45,307 --> 00:23:49,770
But the trial and its affairs
are the purview of the judges.
324
00:23:49,853 --> 00:23:53,690
As president of the tribunal,
I cannot let you speak.
325
00:23:53,774 --> 00:23:57,111
Nor can I allow you
to influence our deliberations.
326
00:24:02,199 --> 00:24:06,203
You have a definite lack of détente, Webb.
327
00:24:06,828 --> 00:24:07,829
I like that.
328
00:24:09,040 --> 00:24:10,707
[inhales sharply] All right.
329
00:24:11,625 --> 00:24:13,419
I'll withdraw my request.
330
00:24:14,545 --> 00:24:19,425
Why has the Emperor Hirohito
been excluded from the list of accused?
331
00:24:19,508 --> 00:24:23,179
Are you asking
as a representative of Australia?
332
00:24:23,262 --> 00:24:25,222
No, not in any official capacity.
333
00:24:26,057 --> 00:24:27,058
Ah.
334
00:24:32,313 --> 00:24:34,190
[takes deep breath]
335
00:24:34,273 --> 00:24:39,070
I have found no tangible evidence
that the emperor played a decisive role
336
00:24:39,153 --> 00:24:42,739
in the Japanese political decisions
of the past decade.
337
00:24:43,699 --> 00:24:45,367
Now, I wrote those very words...
338
00:24:46,577 --> 00:24:48,162
to Eisenhower...
339
00:24:49,455 --> 00:24:51,123
back in January.
340
00:24:52,708 --> 00:24:56,712
The Emperor Hirohito is a figure
of great importance.
341
00:24:56,795 --> 00:24:59,423
It's through him
that we'll legitimize and justify
342
00:24:59,506 --> 00:25:01,633
our reform program moving forward.
343
00:25:03,385 --> 00:25:05,721
-Are you telling me--
-[knocking on door]
344
00:25:06,638 --> 00:25:07,848
[MacArthur] Yes?
345
00:25:07,931 --> 00:25:09,641
[man] Your next meeting
is waiting for you, sir.
346
00:25:09,725 --> 00:25:10,726
[MacArthur] Thank you.
347
00:25:14,105 --> 00:25:15,439
And thank you.
348
00:25:22,863 --> 00:25:25,031
-[knocking on door]
-[Webb] Come in.
349
00:25:26,658 --> 00:25:28,244
Uh, good evening, Sir William.
350
00:25:28,327 --> 00:25:29,745
Oh, Justice Mei.
351
00:25:31,705 --> 00:25:33,874
More protocol, I'm afraid.
352
00:25:34,791 --> 00:25:38,670
You have the British judge
sitting in my place.
353
00:25:39,588 --> 00:25:40,881
I'm afraid I don't follow you.
354
00:25:41,923 --> 00:25:46,470
On the Japanese Instrument of Surrender,
America signed first, then China.
355
00:25:47,679 --> 00:25:50,849
The seating arrangement for the judges
should reflect this.
356
00:25:51,767 --> 00:25:58,106
Right now, you have Lord Patrick
sitting where I should sit.
357
00:25:58,899 --> 00:26:01,443
My country suffered the most
from this war,
358
00:26:01,527 --> 00:26:06,698
and my place in the seating arrangement
says a great deal to millions of Asians.
359
00:26:07,324 --> 00:26:08,325
Thank you.
360
00:26:14,206 --> 00:26:16,167
[crowd cheering and applauding]
361
00:26:16,250 --> 00:26:18,502
[host] And that's her, Kate.
Let's hear it, boys.
362
00:26:18,585 --> 00:26:21,004
Give her a ten
and a nice, big round of applause
363
00:26:21,087 --> 00:26:23,632
for your lovely contestant from Australia.
364
00:26:23,715 --> 00:26:24,966
[crowd applauding]
365
00:26:25,050 --> 00:26:26,593
And now, speaking of occupation,
366
00:26:26,677 --> 00:26:29,680
I've got a big preoccupation
with our next contestant.
367
00:26:29,763 --> 00:26:31,348
It's none other than Barbara.
368
00:26:31,432 --> 00:26:33,684
-Come on over, Barbara.
-[crowd cheering and applauding]
369
00:26:34,851 --> 00:26:35,936
Crazy, isn't it?
370
00:26:36,853 --> 00:26:38,021
What's that?
371
00:26:38,730 --> 00:26:40,774
I was in Pearl Harbor when they attacked.
372
00:26:40,857 --> 00:26:42,818
Took some shrapnel in the leg.
373
00:26:42,901 --> 00:26:44,778
Lost some good buddies.
374
00:26:45,612 --> 00:26:48,282
We spent four years
pounding the shit out of each other,
375
00:26:48,365 --> 00:26:51,076
and now we're gonna help them rebuild.
376
00:26:52,828 --> 00:26:53,912
Oh, well.
377
00:26:55,914 --> 00:26:56,998
Give 'em a fair trial.
378
00:26:59,000 --> 00:27:00,043
And hang 'em.
379
00:27:08,552 --> 00:27:10,011
To a fair trial.
380
00:27:10,095 --> 00:27:11,638
[crowd cheering and applauding]
381
00:27:11,722 --> 00:27:15,392
[host] And now, it's my distinct pleasure
to introduce to you
382
00:27:15,476 --> 00:27:20,188
none other than Ichiko from Yokohama!
383
00:27:20,272 --> 00:27:22,941
-[crowd applauding]
-[man in crowd] Yokohama!
384
00:27:28,196 --> 00:27:32,659
[man in Japanese] The International
Military Tribunal for the Far East
385
00:27:32,743 --> 00:27:37,664
convened to try 28 war crime suspects
led by former General Tojo,
386
00:27:37,748 --> 00:27:41,167
plunging not only the people of Japan,
387
00:27:41,252 --> 00:27:43,962
but also a billion people
in the Far East into misery.
388
00:27:47,048 --> 00:27:48,342
Well... [sighs]
389
00:27:49,551 --> 00:27:51,678
-The marathon begins.
-Oh...
390
00:27:51,762 --> 00:27:53,930
I'm hoping it's a sprint.
391
00:27:54,014 --> 00:27:56,892
-Seating arrangements fine?
-Oh, very good. Thank you.
392
00:27:58,101 --> 00:27:59,227
Gentlemen...
393
00:27:59,311 --> 00:28:04,816
I will speak, ask and respond to questions
on our collective behalf.
394
00:28:04,900 --> 00:28:06,360
[knocking on door]
395
00:28:27,506 --> 00:28:28,674
[court marshal] All rise.
396
00:29:02,666 --> 00:29:07,546
The International Military Tribunal
for the Far East is now in session.
397
00:29:10,131 --> 00:29:13,844
There has been no more
important criminal trial...
398
00:29:15,220 --> 00:29:16,472
in all history.
399
00:29:17,263 --> 00:29:19,015
The accused before us...
400
00:29:19,933 --> 00:29:25,856
include former prime ministers,
finance ministers, chiefs of staff...
401
00:29:26,857 --> 00:29:29,651
and others who have filled
the highest places
402
00:29:29,735 --> 00:29:32,237
in the government of Japan.
403
00:29:33,864 --> 00:29:36,533
The former high rank of the accused...
404
00:29:37,368 --> 00:29:40,954
entitles them to no greater consideration
405
00:29:41,037 --> 00:29:45,376
than would be extended
to the humblest Japanese private...
406
00:29:45,459 --> 00:29:47,043
or Korean guard.
407
00:29:48,044 --> 00:29:50,130
To our great task...
408
00:29:52,048 --> 00:29:54,468
we bring open minds,
409
00:29:54,551 --> 00:29:57,971
both on the facts and the law.
410
00:29:59,222 --> 00:30:02,142
The onus will be on the prosecution
411
00:30:02,225 --> 00:30:06,772
to establish guilt
beyond a reasonable doubt.
412
00:30:07,689 --> 00:30:11,818
I will now call on the accused
to plead guilty...
413
00:30:12,903 --> 00:30:14,405
or not guilty.
414
00:30:16,114 --> 00:30:18,074
[interpreter] Excuse me, Mr. President.
415
00:30:18,158 --> 00:30:20,201
Defense lawyer Kiyose.
416
00:30:20,285 --> 00:30:22,120
[speaking Japanese]
417
00:30:24,706 --> 00:30:28,126
[interpreter] Before the commencement
of this arraignment process,
418
00:30:28,209 --> 00:30:31,922
one point I would like to make
is that Sir Webb is not qualified
419
00:30:32,005 --> 00:30:34,132
to administer justice in this trial.
420
00:30:35,133 --> 00:30:36,635
On what grounds?
421
00:30:38,219 --> 00:30:41,139
[interpreter] I wish to assure you
that this challenge is made
422
00:30:41,222 --> 00:30:43,349
with the greatest respect for this court.
423
00:30:44,267 --> 00:30:47,270
But, from a standpoint of fairness,
424
00:30:47,353 --> 00:30:50,148
you should not be permitted
to conduct this trial
425
00:30:50,231 --> 00:30:55,696
because you have already investigated
alleged Japanese atrocities in New Guinea.
426
00:30:59,700 --> 00:31:01,410
[Webb] I'll take no part in the response.
427
00:31:03,704 --> 00:31:04,955
Justice Northcroft?
428
00:31:08,625 --> 00:31:11,169
Article 2 of the charter
429
00:31:11,252 --> 00:31:17,759
prescribes that the tribunal shall consist
of members appointed by General MacArthur,
430
00:31:17,843 --> 00:31:19,428
the supreme commander.
431
00:31:20,136 --> 00:31:23,557
That being so,
it does not rest with the tribunal
432
00:31:23,640 --> 00:31:29,020
to unseat anyone appointed
by the supreme commander.
433
00:31:30,271 --> 00:31:34,150
I will now call on the accused to plead.
434
00:31:35,652 --> 00:31:37,446
Araki Sadao.
435
00:31:37,529 --> 00:31:39,322
How do you plead?
436
00:31:43,118 --> 00:31:44,828
[speaking Japanese]
437
00:31:46,705 --> 00:31:49,708
[interpreter] I do not accept
any of these charges.
438
00:31:49,791 --> 00:31:50,959
Not guilty.
439
00:31:52,168 --> 00:31:54,295
[Webb] Shigemitsu Mamoru.
440
00:31:54,921 --> 00:31:56,548
How do you plead?
441
00:31:56,632 --> 00:31:58,383
[speaking indistinctly]
442
00:31:58,467 --> 00:32:00,594
[interpreter] I plead not guilty.
443
00:32:02,387 --> 00:32:06,307
Defendant Tojo, former prime minister.
444
00:32:09,185 --> 00:32:11,021
[speaking Japanese]
445
00:32:13,607 --> 00:32:16,652
[interpreter] To all these charges,
I plead not guilty.
446
00:32:18,987 --> 00:32:20,781
[speaking indistinctly]
447
00:32:20,864 --> 00:32:22,240
[inaudible]
448
00:32:30,499 --> 00:32:31,625
[interpreter] Not guilty.
449
00:32:33,209 --> 00:32:35,003
[indistinct chatter]
450
00:32:42,678 --> 00:32:45,889
The Japanese defense counsel Kiyose
was clever.
451
00:32:45,972 --> 00:32:47,516
Did you feel offended by it?
452
00:32:48,642 --> 00:32:49,976
He questioned my integrity.
453
00:32:50,894 --> 00:32:53,438
You did previously investigate
Japanese war crimes.
454
00:32:54,105 --> 00:32:56,942
He was playing a smart legal card...
455
00:32:57,025 --> 00:32:58,860
not making a personal insult.
456
00:32:59,736 --> 00:33:03,073
I investigated war crimes in New Guinea
based on evidence
457
00:33:03,990 --> 00:33:06,076
and made my decisions without bias.
458
00:33:06,159 --> 00:33:09,120
-As I will again do so here in Tokyo.
-Hmm.
459
00:33:09,955 --> 00:33:12,082
Water under the bridge, Sir William.
460
00:33:12,165 --> 00:33:14,710
The challenge was
nicely rejected by Northcroft,
461
00:33:14,793 --> 00:33:16,837
all in accordance with the charter.
462
00:33:16,920 --> 00:33:19,130
I shouldn't need the charter
to protect me.
463
00:33:22,759 --> 00:33:25,386
If you'll excuse me, gentlemen,
I have some work to do.
464
00:33:26,512 --> 00:33:27,513
Excuse me.
465
00:33:34,104 --> 00:33:37,273
It takes fortitude to maintain
a courtroom at this level.
466
00:33:37,357 --> 00:33:39,317
Few men can do it.
467
00:33:41,945 --> 00:33:44,239
[speaking Russian]
468
00:33:47,784 --> 00:33:51,246
[in English] He says the headmaster
has left and now we can relax.
469
00:33:51,329 --> 00:33:52,372
Let's drink.
470
00:33:52,455 --> 00:33:54,332
[all laughing]
471
00:33:56,042 --> 00:33:59,462
Not for me, thank you.
I'm rather tired.
472
00:34:00,171 --> 00:34:01,506
[speaking Russian]
473
00:34:03,424 --> 00:34:06,887
[in English] "To Russians,
it is culturally important to accept."
474
00:34:26,657 --> 00:34:27,991
[Webb sighs]
475
00:34:45,258 --> 00:34:49,095
I give the floor to the defense counsel,
Mr. Kiyose.
476
00:34:51,682 --> 00:34:53,099
[man speaking Japanese]
477
00:34:53,183 --> 00:34:56,895
[interpreter] I would like to
explain a motion I am putting forward
478
00:34:56,978 --> 00:35:00,649
with respect to the jurisdiction
of this tribunal.
479
00:35:03,568 --> 00:35:09,615
The Pact of Paris, 1928, condemns war
as an instrument of national policy...
480
00:35:11,827 --> 00:35:13,829
but does not consider it a crime.
481
00:35:16,915 --> 00:35:22,420
This tribunal does not have the authority
to try crimes against peace.
482
00:35:23,296 --> 00:35:28,969
And therefore, the counts related to them
should be excluded immediately.
483
00:35:30,178 --> 00:35:33,098
-[indistinct chatter]
-[Webb] Order! Order!
484
00:35:41,064 --> 00:35:43,649
Mr. Blakeney, you wish to speak?
485
00:35:46,277 --> 00:35:49,572
The proposition that killing in war
is not murder.
486
00:35:50,615 --> 00:35:53,076
That killing in war is not murder...
487
00:35:53,869 --> 00:35:57,497
follows from the fact that war is legal.
488
00:35:57,580 --> 00:36:01,167
This legalized killing...
489
00:36:01,251 --> 00:36:04,462
justifiable homicide...
technically, perhaps...
490
00:36:04,545 --> 00:36:07,507
however repulsive, however abhorrent,
491
00:36:07,590 --> 00:36:12,888
has never been thought of as...
imposing criminal responsibility.
492
00:36:14,014 --> 00:36:16,224
If the killing of Admiral Kido...
493
00:36:18,059 --> 00:36:19,644
by the bombing of Pearl Harbor...
494
00:36:21,021 --> 00:36:22,397
is murder...
495
00:36:25,066 --> 00:36:27,318
we know the name of the very man
496
00:36:27,402 --> 00:36:31,697
whose hands loosed
the atomic bomb on Hiroshima.
497
00:36:34,242 --> 00:36:38,371
We know all the chief of staff
who planned that act.
498
00:36:40,290 --> 00:36:44,294
We know the chief
of the responsible state.
499
00:36:57,265 --> 00:37:00,185
President Webb,
what do you think of the defense motion
500
00:37:00,268 --> 00:37:03,396
that the tribunal
has no authority to try anyone
501
00:37:03,479 --> 00:37:04,730
for crimes of aggression?
502
00:37:04,815 --> 00:37:08,276
If they are right,
wouldn't the trial have to be dismissed?
503
00:37:08,359 --> 00:37:11,404
Hey, you gonna file charges
against President Truman
504
00:37:11,487 --> 00:37:13,489
for the bombing of Hiroshima and Nagasaki?
505
00:37:18,619 --> 00:37:22,165
Kiyose and Blakeney
intend to challenge every count.
506
00:37:22,248 --> 00:37:25,376
In which case, we should all go home.
507
00:37:25,460 --> 00:37:28,088
[Patrick] The Nazis used the same defense.
508
00:37:28,171 --> 00:37:30,882
Arguing that war is legal...
509
00:37:30,966 --> 00:37:34,886
and that the plotting and execution of war
by Nazi officials was also legal.
510
00:37:34,970 --> 00:37:37,931
It didn't work there,
and it won't work here.
511
00:37:38,014 --> 00:37:41,977
In my opinion, we need to consider
any historical precedents,
512
00:37:42,060 --> 00:37:44,187
not just an argument based on Nuremberg.
513
00:37:45,981 --> 00:37:48,066
[Zaryanov speaking Russian]
514
00:37:59,744 --> 00:38:01,037
[in English] Uh... the General...
515
00:38:02,705 --> 00:38:05,500
I... I do not wish to repeat
exactly what he said,
516
00:38:05,583 --> 00:38:10,046
but he asks us all to remember
that many lives were lost in this war.
517
00:38:10,130 --> 00:38:12,173
And the challenges by the defense team
518
00:38:12,257 --> 00:38:14,717
must be overruled
with or without precedence.
519
00:38:14,800 --> 00:38:19,555
We do know that the Treaty of Versailles
ascribed guilt to Germany
520
00:38:19,639 --> 00:38:23,643
and forced it to pay for losses
incurred in World War I.
521
00:38:23,726 --> 00:38:27,647
And the international community
outlawed the waging of aggressive war
522
00:38:27,730 --> 00:38:32,527
as a direct result
of the anti-war Pact of Paris of 1928.
523
00:38:32,610 --> 00:38:35,488
Which Japan signs,
setting its own legal precedent.
524
00:38:36,406 --> 00:38:40,535
Our response to Kiyose
should be that the interpretation of law
525
00:38:40,618 --> 00:38:43,329
is constantly evolving
towards greater justice.
526
00:38:43,997 --> 00:38:46,041
And as for Blakeney, well...
527
00:38:46,124 --> 00:38:49,252
we've been appointed to judge
Japanese war criminals,
528
00:38:49,335 --> 00:38:51,671
not the actions of the Americans.
529
00:38:51,754 --> 00:38:54,090
That may be for a future tribunal.
530
00:38:54,174 --> 00:38:59,304
For now, the motions by the defense team
must be overruled.
531
00:39:00,221 --> 00:39:04,600
I think we need to discuss the defense
arguments at greater length.
532
00:39:05,310 --> 00:39:06,519
To what end?
533
00:39:07,645 --> 00:39:12,442
So that others do not later question
our deliberations and their outcome.
534
00:39:14,402 --> 00:39:18,781
Entertaining and ultimately
rejecting the motion...
535
00:39:19,490 --> 00:39:22,493
is a complete and utter waste of time.
536
00:39:27,207 --> 00:39:29,584
[Webb] We have no choice
but to deny the motion.
537
00:39:29,667 --> 00:39:31,377
We have to press forward.
538
00:39:32,753 --> 00:39:37,175
As the president, I will write up
a statement of reasons for the denial...
539
00:39:37,258 --> 00:39:40,428
to be reviewed
and discussed by us all later.
540
00:39:52,023 --> 00:39:53,524
[door opens]
541
00:39:56,569 --> 00:39:57,778
[door closes]
542
00:40:00,615 --> 00:40:02,367
[indistinct chatter]
543
00:40:04,660 --> 00:40:05,911
[Webb] Röling.
544
00:40:07,413 --> 00:40:11,167
Let me introduce
Mr. Justice Pal from India.
545
00:40:11,251 --> 00:40:13,378
Nice to meet you.
Bert Röling.
546
00:40:13,461 --> 00:40:16,339
-Oh, you're the judge from Netherlands.
-Yes, indeed.
547
00:40:16,965 --> 00:40:19,550
You've got quite some catching up
to do, hmm?
548
00:40:20,676 --> 00:40:24,472
"Even the majority verdict
is presented as unanimous.
549
00:40:24,555 --> 00:40:26,891
Dissent is never disclosed."
550
00:40:26,975 --> 00:40:29,310
-I beg your pardon?
-Your words in the chamber.
551
00:40:30,520 --> 00:40:34,857
I heard most of your discussion
while having tea with President Webb.
552
00:40:37,027 --> 00:40:38,111
[chuckles]
553
00:40:38,194 --> 00:40:41,281
-[classical music playing]
-[indistinct chatter]
554
00:40:48,997 --> 00:40:50,540
[McDougall] Justice Röling.
555
00:40:50,623 --> 00:40:55,295
I'd like you to meet Justice Jaranilla
from the Philippines.
556
00:40:55,378 --> 00:40:56,712
Just arrived.
557
00:40:56,796 --> 00:40:58,839
-Welcome to Japan.
-Thank you.
558
00:40:58,923 --> 00:41:00,675
Thank you very much.
559
00:41:00,758 --> 00:41:02,510
Not long ago, I could not have imagined
560
00:41:02,593 --> 00:41:04,720
-being on Japanese soil.
-[McDougall] Mmm.
561
00:41:05,346 --> 00:41:07,932
Nor handing out justice, I suspect.
562
00:41:08,016 --> 00:41:11,227
Certainly not
in these peaceful circumstances.
563
00:41:11,311 --> 00:41:12,353
[Willink] Gentlemen.
564
00:41:12,437 --> 00:41:14,314
-Good evening.
-Evening.
565
00:41:14,397 --> 00:41:16,441
[both speaking Dutch]
566
00:41:18,443 --> 00:41:20,570
-[in English] Excuse us for a moment.
-Of course.
567
00:41:22,030 --> 00:41:24,865
[in Dutch] Are you enjoying Tokyo?
568
00:41:24,949 --> 00:41:26,784
How is the tribunal going?
569
00:41:29,120 --> 00:41:35,543
Well... you are always welcome
at the Liaison Mission.
570
00:41:35,626 --> 00:41:37,503
[speaking Dutch]
571
00:41:37,587 --> 00:41:39,089
Who's playing, General?
572
00:41:40,005 --> 00:41:43,634
Uh, Eta Schneider.
Quite famous in Germany before the war.
573
00:41:44,552 --> 00:41:46,762
She came all this way for a party?
574
00:41:46,846 --> 00:41:50,516
[laughs] Hardly.
She's been stranded here since 1941.
575
00:41:53,353 --> 00:41:55,313
[piano playing]
576
00:42:34,310 --> 00:42:36,061
[indistinct chatter]
577
00:42:51,119 --> 00:42:52,578
[Röling] Frau Schneider?
578
00:42:53,704 --> 00:42:55,331
Frau Harich-Schneider.
579
00:42:55,415 --> 00:42:56,624
[speaking German]
Frau Harich-Schneider.
580
00:42:56,707 --> 00:42:58,459
[in English] My name is Bert Röling.
581
00:42:58,543 --> 00:43:00,002
Should I know you?
582
00:43:00,085 --> 00:43:02,255
-[stammers] I play the violin.
-How nice for you.
583
00:43:02,338 --> 00:43:05,633
I thought maybe we could
play together someday.
584
00:43:05,716 --> 00:43:07,552
I don't play with amateurs.
585
00:43:12,473 --> 00:43:14,058
[speaking indistinctly]
586
00:43:17,687 --> 00:43:18,771
General Willink?
587
00:43:20,273 --> 00:43:23,193
Is that man an employee
of your Dutch Liaison?
588
00:43:24,319 --> 00:43:26,111
Justice Röling?
589
00:43:26,196 --> 00:43:28,239
He's our man on the tribunal.
590
00:43:28,323 --> 00:43:29,365
Ah.
591
00:43:34,036 --> 00:43:35,120
Get a card.
592
00:43:38,916 --> 00:43:40,000
Well...
593
00:43:40,084 --> 00:43:42,753
I would have to assess your ability.
594
00:43:44,964 --> 00:43:46,466
That would be a great honor.
595
00:43:47,300 --> 00:43:48,884
Call me.
596
00:43:48,968 --> 00:43:51,554
If my schedule is free, we'll set a date.
597
00:43:54,349 --> 00:43:55,475
Danke schön.
598
00:44:13,701 --> 00:44:14,869
What's going on?
599
00:44:16,871 --> 00:44:18,080
I'm going home.
600
00:44:19,207 --> 00:44:20,208
Why?
601
00:44:22,960 --> 00:44:24,295
In all good conscience,
602
00:44:24,379 --> 00:44:27,382
I cannot continue to be part
of these proceedings.
603
00:44:28,007 --> 00:44:31,093
But your own president
asked you to take on this duty.
604
00:44:31,176 --> 00:44:34,597
He also told me it would take
no longer than six to seven months.
605
00:44:35,515 --> 00:44:38,142
Well, that isn't gonna happen.
Not from where I stand.
606
00:44:39,644 --> 00:44:43,231
The prosecution and defense teams
are stonewalling the entire process.
607
00:44:44,357 --> 00:44:48,319
And our fellow judges
have already adopted a position.
608
00:44:49,529 --> 00:44:53,324
We should all work together
to improve the process.
609
00:44:53,408 --> 00:44:55,410
We'll welcome any proposals
you might have.
610
00:44:55,493 --> 00:44:59,079
I have made proposals
and they were not accepted.
611
00:44:59,914 --> 00:45:01,749
Then let's reexamine them.
612
00:45:01,832 --> 00:45:04,627
If you leave now,
it sends a very bad message.
613
00:45:05,836 --> 00:45:09,424
I am sorry. I have already given this
a great deal of thought.
614
00:45:09,507 --> 00:45:12,134
My first sworn duty is to serve
615
00:45:12,217 --> 00:45:15,555
as the chief justice
of the Massachusetts Superior Court.
616
00:45:17,222 --> 00:45:19,058
I cannot forsake that for this.
617
00:45:19,975 --> 00:45:21,268
I wish you all good luck.
618
00:45:40,371 --> 00:45:42,164
[solemn music playing]