All language subtitles for tokyo.trial.s01e03.480p.webrip.x264.rmteam

Morning.

Press release from General MacArthur.

He's named me to replace Webb.

He should've appointed you.

Well, he's trying
to placate your government.

Why the concern?

If my health becomes an issue,
it could put the whole trial back.

We need to move forward,
in case Webb returns.

Well, he's naive if he thinks
he can just slip back in like that.

If I decline for health reasons,

Webb's position will naturally
have to go to you.

- Making our position stronger still.
- Precisely.

Willink, what does this mean?

Hmm.

It's an attempt to help you.

"We urgently appeal to you
to follow the Tokyo Trial Charter

and to align yourself with the opinions
of the majority of judges."

How would they know about conversations
in the judges' chambers?

Unless you have a spy
on the tribunal committee.

The tribunal is far from a secret club,

Röling, and its members are free
to update their superiors on any issue.

Who, specifically, are we talking about?

Those with whom
the Netherlands wishes to curry favor.

They cannot stop independent thought
with threats.

Our government is looking out
for its interests and your future.

My strong advice
is to re-consider your position on this.

You may represent Holland's interests
here in Japan, General,

but I see my role
as representing more than my own country.

Well, I'll try.

- Good evening.
- Justice Röling.

Ah, good evening.

Suddenly, my government is pressuring me
to fall in with the rest of you.

I beg your pardon?

Did you, by any chance, initiate this?

What you and your government discuss
is none of my business.

This trial is historically significant.

The truth is nothing will be achieved
if you separate from the group.

The autonomy of every judge on this trial
should come before all else.

What matters is that
we support the new president,

so we can arrive at the correct verdict.

Mmm, will it be Northcroft?

As Webb's number two,
he's the natural choice.

Mmm. Of course.

Ah, so we're all here.

In accordance with our charter,

General MacArthur has chosen
a new president.

For the record,
I supported Justice Northcroft.

However... MacArthur has nominated
Justice Cramer to act in my place.

As a military man,
I could not say no to General MacArthur.

We fully support your appointment,
Major General.

Don't we, gentlemen?

Certainly.

Yes.

Thank you.

In truth, I have no experience
as a presiding judge in any court

back home in the United States.

So, I am hoping for a little extra support
as we move forward.

As a fellow military man,
General Zaryanov welcomes you

to this new position
and offers his full support.

Thank you, General.

Well...

- Welcome, General.
- Thank you.

Well...

- that was an unpleasant surprise.
- Indeed.

But it's still in our favor.

Cramer's a military man.

He'll maintain a steady course...
once he's pointed in the right direction.

Excuse me.

Herr Röling...

what a pleasant surprise.

Frau Schneider.

- Come in.
- Thank you.

Have a seat.

Well... you look tired.

- Have you been working too hard?
- I suppose so, yes.

Yes.

I needed to get away from the hotel.

With all this tension and...

And I had nowhere to go to but... here.

Well, yeah.
You're always welcome.

Thank you.

But are you sure you won't be in trouble
consorting with a German?

I prefer to think of you as an artist.

Mmm.

Well, start with a drink.

This is very good.

Ooh.

I know that...

I shouldn't talk about this...

I'm sorry.

I came to Tokyo when I was sure about
what we all could accomplish together.

And now I find myself
in some kind of legal purgatory.

How can that be?

Well...

The bench is divided on certain fronts.

That sounds very complicated.

It is. It is very complicated.

And to make it even worse,

my government gave me a stern message
to side with the majority.

And I suspect you may not...

- I hate such interference.
- Yeah.

And accused men wait in prison.

Thankfully, you Americans
left this little park alone

when you bombed Tokyo.

I'd like to think we planned it that way.

What do you think of Pal?

- Seems like a loose cannon to me.
- Yes. Indeed.

Bernard and Röling worry me too.

They have an uncanny sense of duty,
but misguided, I'm afraid.

Hmm...

Might be best to keep them
in the short grass.

Hmm?

It's a hunting reference
we use back home.

Keep them where you can see them.

Out in the open.

I'm a pretty direct guy, Lord Patrick,
so let me ask...

where do you see this going?

As practical men,
we must give weight to the evidence

and the testimonies
and respect our charter.

That way, we arrive at a prompt
and agreed-upon verdict.

We cannot allow those who want to
to veer from that and do as they wish.

I couldn't agree with you more.

What do you think of Cramer as president?

Cramer's a good choice.
He will push things through quickly.

As long as we give the accused
a fair consideration.

Of course,
being fair to them is important.

But they wanted to rule the East
at any cost.

Ah, personally, I don't want to come
to quick conclusions,

especially with politics,

who were being played on so many sides
before the war started.

It was as it always is,

countries vying for wealth and resources.

Only Japan abandoned diplomacy
for aggressive attacks.

The Japanese might have had some, uh,
good colonial intentions.

No foreign nation has the right to impose
its culture, its views on another.

I am sorry, um...

- you misunderstood me.
- Did I?

I was one of the first
to fight against the Nazis.

I joined the General de Gaulle,
La France Libre,

the Free France government in 1940.

The Nazis, they sentenced me to death.
I hate them.

And in spite of that,
I know they are colonialists,

and I think...

I still believe
that colonialism can be... good

in places where people lack
a civilized government

and a decent way of life.

With respect,
no one deserves to make that choice.

And I don't think anyone in history has
ever done so for such idealistic reasons.

Do you honestly believe
that the Nazis invaded France

because they thought its people
deserved a better life under their flag?

No.

No, they were fulfilling
a madman's hunger for power.

Precisely my point.

As I understand it...

the questioning of the accused
is now in progress.

Yes. There's a long way to go.

Shigemitsu and Togo are next to appear,
and then Tojo will take the stand.

His testimony
is of great interest to all of Japan.

As a teacher,
I deeply mourn the many students

taken away from me
near the end of the war.

- Mmm.
- Many suffered miserable deaths.

Tojo and his generals
are to blame for that.

But, in some way,
we all share in this guilt.

What do you mean?

We were indoctrinated with
the one-sided views of the militarists.

The truth was revealed to us
only after the catastrophe.

So, I hope this circumstance
will be considered.

But, still...

we accepted a mistaken way of thinking.

Thank you very much.

I would like to think that
the Japanese people are not on trial,

but there were leaders
who could have stopped the war

but did not take the chance.

And they suffered because of it.

And then there were others who wanted war,

who embraced it for reasons
that caused millions of people to die.

We could not see through them
and we did not have the courage to resist.

From my experience,
that's an ideal to admire,

but very difficult to do
when one is surrounded by violence.

Even so... I now think we should have
had the courage to uphold it.

Coming.

General Zaryanov.
Please, come in.

Good evening.

The general's argument
on how Japan conspired

to take over Manchuria and Siberia.

And that, as ambassador to Soviet Union,
Shigemitsu was deeply involved in this.

And the general feels it important
to detail this now?

The general and his staff
are very thorough.

And he wants to set out
his position on this matter

in advance of his colleagues
deliberating on it.

I see.

Well, it's very thorough indeed.

General wonders why
you read about Napoleon.

Well, he's an interesting example
of someone who waged aggressive war.

But he was almost wiped out
by fierce Russian military tactics.

Yes, but his enemies chose
not to execute him.

Instead, they exiled him to Elba.

But this leniency allowed him
to escape and return to power.

Many more died in Waterloo.

After which he was exiled again,

because there was no law
against waging aggressive war.

It is more likely that
the kings and emperors of Europe saved him

because they didn't want
to see themselves beheaded

every time they lost a war.

Well, the general has
an interesting view on history.

Thumbs up.

No Justice Pal?

He continues to avoid court days
while staying locked away in his rooms.

This is a dereliction of his duty.

The general reminds you all

that you have now been sitting
for 575 days.

He makes a joke that his backside is sore.

Let's have a good day, gentlemen.

Enter.

Hello.

What's on your mind, Justice Röling?

Well...

I, um...

You haven't been in court
on several occasions now.

And... I just wondered why.

I need time to work on my judgment.

But we haven't heard
all the testimony yet.

So... how can you produce a judgment?

I've heard much of the testimony,
read the transcripts,

spent my time researching
on the legal texts...

the chronology of events in the Pacific...

even the history of Japan.

For instance, during Edo period,
the Japanese were a feudal nation

that preferred
isolation from the rest of the world.

Yes.

When that ended in 1868...

they somehow became obsessed
with imitating Western nations,

and most of whom were expanding
and colonizing for economic profit.

Yes.
Japan followed the example of the West.

And that didn't quite work out, did it?

- Indeed, no.
- No.

But from the beginning,
their desire to build a strong economy...

put them at odds with those
they were imitating, with many nations.

But the Japanese military were after
more than economic dominance in Asia.

So Americans fire-bombed Tokyo

and dropped atomic bombs
on Hiroshima and Nagasaki,

cities full of innocent people.

The question to ask is,
who first started this aggressive war?

Who first started this war?

It's...
To look at it that way is very simplistic.

The real question is,
on what legal ground can we charge them?

We cannot arbitrarily impose
new international laws.

How will this ever stop, if not with us?

Röling, you wrote a paper that argued...

as a jurist...

- we must be objective.
- Mmm-hmm.

Don't tell me you've decided to bow down

to the pressures of your government
and to the majority.

Oh, no.

No.

But... I'm not so sure now.

I go to court every day, yes?

And I listen to the testimony.

And I see the victims who survived.

And I hear the words of the men who knew,
or didn't know, what was happening.

There is no progress in international law
if we all let them all go free

just because waging an aggressive war

was clearly not a crime
when Japan went to war.

Progress in law...

must not be achieved in haste.

Your definition of justice

will not prevent mass violence
in the future.

Justice cannot be achieved
at the end of a rope.

The city of Sapporo saw snow

25 days earlier than usual years.

In Tokushima, the manufacturers
of the human-shaped kites

are in the midst of the busy season.

The Christmas goods are now appearing
on the streets of Tokyo.

These fur coats must be warm.

As we enter December, however,

some people in Tokyo
are still living in the soil pipes.

Arigato.

President Webb!

Justice Bernard.

Are you officially back in the fold?

- Of course.
- Un miracle... A miracle.

Well, I did say a prayer or two.

Then God and I both
leaned on General MacArthur.

Hang on a minute.
I'll come right back to you.

Of course.

Gentlemen... Don't...
Don't let me interrupt your dinner.

Well, I'm back.

I'll see you all in chambers,
uh, on Monday morning.

Oh, and, uh, Justice Cramer,
the gavel is once again mine.

Have a nice evening.

Did you not know about this?

No, I didn't.

MacArthur probably had no choice
but to let him back in,

for fear of the noise
he'd make in the press.

Hmm.

Webb has more teeth than he lets on.

Mmm.

"Dearest Lies, as I approach
my second Christmas in Tokyo,

I miss you and the children
more than ever.

I wish I could tell you
when this trial will end,

but there is so much work left to do.

The examination by the defense team
of each of the accused is underway.

This has caused quite a lot of interest
with the Japanese public."

Can't accept this ticket.

Ladies and gentlemen, once again,

if you do not have a ticket with
today's date, you will not get in.

Have you been to court before?

No.

Me neither.

It's an important day, I'm told.

Yes, sure.

Are you German?

Ja.

- Eta Harich-Schneider.
- Edith.

I know who you are.
I've heard you play once.

Ise, my daughter.

He's one of the judges, isn't he?

Ja.

You know him?

December, 1947.

The examination by the defense team
of each of the accused is underway.

Shigenori Togo became foreign minister
in Prime Minister Tojo's cabinet in 1941.

He opposed armed conflict
with the United States,

but failed to persuade others
and eventually agreed to war

in the cabinet's crucial final vote.

Mr. Togo,
it is a fact, of course,

that as foreign minister
and member of the cabinet,

had you refused to agree,

war could not have been
lawfully brought about by Japan

by the Tojo cabinet.
Isn't that true?

That is a question
that I thought about on many occasions

when I was foreign minister.

I gave consideration to the thought

whether or not I might be able to
save the situation by resigning...

but I came to the conclusion
that I could not...

by the end of October
and early November,

that I could not save the situation
then by resigning.

Mr. Togo,
I am asking a very simple question

and you are not answering it at all.

I am asking you if it isn't a fact

that if you had
remained in the cabinet

and had refused to give
your affirmative consent to war,

if it isn't a fact

that there could not have been a war
lawfully made by Japan?

Now, will you answer the question?

Well, I was trying.

I have been attempting
to explain the situation to you

because even if I did oppose the war,
war action came.

Mr. President,

I have attempted to be as patient
as I know how with this witness.

May I ask the court
to direct this witness

to answer the question asked of him?

Well, I will ask him the question
as I understand it.

To go to war, was it necessary
for your cabinet to be unanimous?

If I cast an opposing vote, we cannot.

No cabinet decision
could be reached.

But what the situation at that time was
requires some explanation.

It was the feeling in Japan

that Japan was being forced
to choose between war and suicide.

And so, the opinion agreed that,
under such a situation,

there was no alternative,

no choice for Japan,
but to engage in war for her self-defense.

I cannot conceive
that I could have prevented war

by acting in such a manner...

that is, by resignation.

It would have been difficult
to be in Togo's position.

The Japanese were still engaged
in negotiations with us

right up to the day
of the attack on Pearl Harbor.

Your point being?

They may have been stalling for time
while they made their war plans.

Oh, absolutely!

Dealing with the Americans
as foreign minister,

and knowing
your leadership was planning war...

it means Togo was part
of the conspiracy.

I tend to believe
that he was against war.

Then he should have
stood up to the others and resigned.

Without unanimous agreement,

the whole cabinet
would have had to resign.

They would have appointed
a new prime minister.

And history might have taken
a different course.

Togo himself said

that they would have replaced him
with someone else who supported war.

That is pure conjecture.

I say we leave conjecture out of it,
and stick to the facts.

It was nice meeting you.
Bye-bye.

Thank you very much. Thank you.

- Are you leaving?
- Yes.

You played quite nicely tonight.

Thank you very much,
but I have a great teacher.

Though you can be very strict.

These women you were talking with...

I saw you with them at the courthouse.

You mean the day you ignored me?

Well, the courthouse
is not a place for socializing.

Yes, it's a very serious business.

I only met Edith that very day.

She's also German.

And what is her interest
in the trial?

I discovered that she is the wife
of the former foreign minister, Togo.

Ise is their daughter.

Edith is very worried.

Her husband was only
doing his duty as a politician.

Please forgive me.

Bert, please come back inside.

All the lessons, all the parties,
all the new friends,

was it all meant
to influence my opinion?

Not at all.

Did I even try
to introduce you to Edith?

You compromised my position.

People's lives are at stake, Röling.

There are some good, decent men
at that dock.

Men this country is going to need
in order to rebuild itself.

I need to make decisions
based on my own research,

on my own ability.

And to put me
in the company of people

who are related to the defendants
jeopardizes my position.

Please...

leave me off your invitation list
from now on.

All of Tokyo wants to see Tojo in court.

They smell blood in the air.

I heard some are ready to pay
such a big price to get some tickets.

Black market.

Justice Pal,
how nice of you to join us.

Gentlemen...

we are nearing
the end of the testimonies.

Today is an extremely important day.

Tojo is to testify.

I, for one, will be very curious
to hear what he has to say.

With the trial drawing to a close,

Hideki Tojo takes the stand.

Both prime minister
and war minister

when Japan began its war
with the United States,

he also served as chief
of the Imperial Army General Staff Office.

Kept in solitary confinement
at Sugamo prison,

he compiles a huge document
to support his own defense.

Accused Tojo,

I shall not address you as General

because, of course, you know
there is no longer a Japanese army.

Do you not believe,
and did you not believe,

that every people and every nation

should have the right to determine
its own form of government,

and its own way of life,
and its own order,

so long as such government
and way of life

did not menace any other country?

Of course.
Even today I so believe.

Did anyone give you, Mr. Tojo,

the right to determine
what way of life should be imposed

upon the people
of Greater East Asia?

No, I got such rights from nowhere.

You advocated the process
of peace terms

arranged between
China and Japan in 1941...

while there was a huge Japanese army
occupying a large part of China.

Is that not correct?

There is no inconsistency
in the situation.

I naturally continued
such efforts for peace.

Well, you really did not know
much about Hitler,

or German history,
or modern history,

very modern history at the time you,
as a cabinet minister,

approved of the Tripartite Pact,
did you?

As an ordinary person
and as a matter of common sense,

to that extent I know.

I will not ask you about
the series of blood purges and the like,

and the concentration camps,
except in a general way.

Did you have knowledge
of those things going on in Germany

prior to the Tripartite?

What I knew
was the persecution of the Jews,

but I knew nothing
about the blood purge

and something else that you mentioned.

Concentration camps.

I do not know about that.

Mr. Logan...

If the tribunal pleases,
this is on behalf of accused Kido.

Do you know of any instance
where Marquis Kido

gave any advice contrary
to the emperor's wishes for peace?

Insofar as I know,
there was no such instance whatsoever.

There is no Japanese subject who would
go against the will of His Majesty.

Most particularly, among high officials
of the Japanese government.

Do you know the implications
resulting from your reply?

The accused Tojo testifies

that no Japanese individual does anything
against the will of the emperor.

This testimony raises a question.

Was starting the war also in accordance
with the emperor's will?

President Webb,

do you think that Tojo meant
that the emperor approved the war?

Sir! Any comment at all?

Court transcripts, sir.

Here.

Eight days before Pearl Harbor,

the emperor had a meeting
with the navy minister,

and chief of staff of the navy.

So, he could have vetoed the attack.

Absolutely.

And he didn't.

It might be an appropriate moment
to ask you a few questions

on the relative position of yourself
and the emperor of Japan

on the matter of waging war
in December of 1941.

You have told us that the emperor
on repeated occasions made known to you

that he was a man of peace
and did not want war.

Is that correct?

Of course it was.

Furthermore, you also said three days ago

that no Japanese subject
would go against the will of His Majesty.

Is that also correct?

I was then speaking to you
of my feelings towards the emperor

as a subject,

and that is quite a different matter
from the problem of responsibility,

that is,
the responsibility of the emperor.

Well, you did make war
against the United States,

Great Britain and the Netherlands,
did you not?

War was decided on in my cabinet.

Was that the will of the Emperor Hirohito
that war should be instituted?

It might have been
against the emperor's will,

but it is a fact that,
because of my advice

and because of the advice
given by the high command,

the emperor consented,
though reluctantly, to the war.

The emperor's love for
and desire for peace remained the same

right up to the very moment
when hostilities commenced,

and even during the war,
his feelings remained the same.

The emperor's feelings in this regard
can be clearly ascertained

from the Imperial Rescript given on
the 8th of December, 1941, declaring war.

That portion of the Imperial Rescript
was included

because of the emperor's wishes
on the responsibility of the government.

That is to say, the Imperial Rescript
contains words to this effect...

"The war is indeed unavoidable
and is against my own desire."

The accused Tojo's testimony

clearly denies
the responsibility of the emperor.

This issue was never again
dealt with in the courtroom.

Do you claim that,
as prime minister of Japan,

in whatever
you had to do with the war

that commenced
with the attack on Pearl Harbor,

that you committed no legal wrong
and no moral wrong?

I feel that I committed no wrong.

I feel that I did
what was right and true.

Tojo knew exactly
what the questions were going to be.

And Keenan, he knew exactly
what the answers were going to be.

Of course.

Röling.

Sorry to call you out here, Röling.

With the trial winding down,
The Hague wants to know where you stand.

I have altered my position
with respect to the trial.

How so?

I have decided
to recognize crimes against peace.

That is, crimes of aggression.

So you side with Patrick and his group?

Yes, in that these men
can be charged, sentenced,

and possibly removed from society
as a deterrent to others.

Well, that's excellent news!

My conclusion is the same
as the majority's,

but my reasons are different.

I do have some matters
yet to discuss with them.

I will inform The Hague today.
But before that, let's have a Jenever

to toast your decision.

We'll never get to a proper final judgment
if we leave it to Webb.

We have to form a majority.

And then, lead with it.

So, let's see.
Where does that lead us?

Pal is out.

- Röling, too.
- Mmm.

Bernard's views are too unpredictable.

He says he thinks Japan has the right
to rule over all of China.

How about Zaryanov?

No, he can't take a decision
without Stalin's blessing.

However...

if we let him take the lead
with Shigemitsu...

he could be swayed.

Jaranilla will join us.

Especially in view of his treatment
at the hands of the Japanese. Mmm.

I'm less sure about Mei.

I'll talk to him.

We are very close to a majority,
gentlemen.

To justice.

- To justice.
- All right.

- Justice.
- To that.