International Military Tribunal for the Far East

Lore & Background

The IMTFE was created following Japan's defeat and occupation by the Allies, with General Douglas MacArthur issuing a special proclamation on January 19, 1946, ordering its establishment. The charter set out the court's composition, jurisdiction, and procedures, and the crimes were defined based on the Nuremberg Charter. The tribunal consisted of judges, prosecutors, and staff from eleven countries that had fought against Japan: Australia, Canada, China, France, India, the Netherlands, New Zealand, the Philippines, the Soviet Union, the United Kingdom, and the United States. The defense included Japanese and American lawyers. The trial lasted more than twice as long as the Nuremberg trials, hearing testimony from 419 witnesses and admitting 4,336 exhibits of evidence.

Reader's Guide

The Tokyo Trial was a landmark in international law, influencing the development of war crimes jurisprudence, though international war crimes tribunals would not again be established until the 1990s. The trial was criticized on several grounds: Emperor Hirohito and other Imperial House members were not prosecuted, and defendants coordinated their stories to protect him. Strategic bombing by Japan and crimes against its own citizens, including Koreans and Taiwanese, were not prosecuted. Some judges and defense lawyers argued this was connected to the lack of prosecution of Allied strategic bombing in Asia, including the atomic bombings of Hiroshima and Nagasaki, and of Western imperialism. Additionally, Japanese leaders and scientists involved in biological warfare and forced human experimentation, including Unit 731, were given immunity in exchange for assisting the U.S. biological weapons program, a cover-up that some were later convicted by the Soviet Khabarovsk trials. The trial's legacy remains complex, reflecting both the pursuit of justice and the political compromises of the post-war occupation.

Did You Know?

• The Tokyo Trial lasted more than twice as long as the Nuremberg trials.
• Seven defendants were sentenced to death, including former Prime Minister Hideki Tojo.
• Emperor Hirohito was not prosecuted, and defendants coordinated their stories to protect him.
• Japanese leaders involved in Unit 731's biological warfare were given immunity by the U.S. occupation authorities, not the IMTFE itself, and the tribunal did not try those individuals.