文明のターンテーブルThe Turntable of Civilization on September 2016

日本の時間、世界の時間。
The time of Japan, the time of the world

Still, they support the Tokyo Trial, such as the Asahi Shimbun, China, and Korea, those who

2017-06-15 14:18:52 | 日記

The following is the continuation of the previous chapter.

Supporting the Tokyo Trial, Asahi and China and Korea

If the Tokyo trial was a legitimate trial, we would have to accept it.

However, it is obvious why it was an outrageous trial.

Still, they support the Tokyo Trial, such as the Asahi Shimbun, China, and Korea, those who are in accord with them.

One of the proofs that the Tokyo Trial is incorrect is about the "jurisdiction" of the Tokyo Trial.

The Allied Powers put the legal root of this trial on the Potsdam Declaration issued to Japan on July 26 th, 1945.

Among them, there is a provision (Article 10) of "a serious punishment should be added" to war criminals including those who abused prisoners.

Based on that, the Far East International Military Trial (Tokyo Tribunal) was held and war crimes such as "crime against peace" and "crime against humanity" were questioned in addition to normal war crimes.

The Tokyo trial took place based on MacArthur's "Far East International Military Court Ordinance". However, the ordinance was irrelevant to international law, customary law, treaties, etc., and it was the supreme command to just do a trial.

At the beginning of the trial, Ichiro Kiyose defense counsel (responsible for Tojo Hideki) declared on behalf of "a motion concerning the jurisdiction of this case" as follows.

Kiyose defense counsel said that the definitions of war criminals understood by civilized countries in the world are roughly four, including ① illegal acts of combatants, ② fighting acts of noncombatants, ③ deprivation, ④ spy acts is there.

At the time of the Potsdam Declaration, in the concept of that war crime, he made a statement stating that the concept of sin, such as "sin against peace" or sin planning, preparing or carrying out war, was not common.

The Tokyo court is ordered to be tried by the Allies, but we cannot judge war crimes that are not in international law at all.

It had such a fundamental flaw.

In response to the aforementioned Kiyose’s remarks, Webb judge tried to proceed as he tried as it answers later.

Then the Smith counselor should be able to clearly identify the jurisdiction in this place as soon as possible, and if it could not be done, he said that it should immediately dismiss the lawsuit.

However, even if we defended it, the trial proceeded forcefully.

This draft continues.

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