Tuesday, June 13, 2006

A criminals after Tokyo tribunal

Article 11
.......The power to grant clemency, to reduce sentences and to parole with respect to such prisoners may not be exercised except on the decision of the Government or Governments which imposed the sentence in each instance, and on recommendation of Japan. In the case of persons sentenced by the International Military Tribunal for the Far East, such power may not be exercised except on the decision of a majority of the Governments represented on the Tribunal, and on the recommendation of Japan.
San Francisco Peace Treaty

Based on this article,Japanese government suggested that A criminals be given clemency.
In resoponse,the clemency boad, consisting of USA,UK,France,Netherlands,Canada,Australia,New Zealand,Pakistan, was set up.p346
The boad gave the greenlight,and in 1956,A criminals were given clemency.The people prisoned were released.
It is said that USA played the leading role in this dicision.Japanese version of " Nederland en het tribunaal van Tokio by Poelgeest,L.van.

As a side note,Bert Röling, one of the judge at the trial, had the following opinion as to the clemency.
Shigemitsu was innocent in the first place;he should be released as soon as possible.
Hatake,Kido,Oka were unjustly sentenced,so they should be released as soon as possible.
Hoshino and Kaya were just enocomic leaders,so according to the criteria of Nuremberg Trials, they are not guilty.
It does not make sense anymore to detain Shimada,Sato,Suzuki.
Hashimoto,Ooshima committed a lot of evils but it is unlikely that they would commit
further crimes .


Notes

Asian times

サンフランシスコ講和条約第十一条の手続きに基づき、関係十一カ国の同意のもと、「A級戦犯」は昭和三十一年に、「BC級戦犯」は昭和三十三年までに赦免され釈放された。刑罰が終了した時点で受刑者の罪は消滅するというのが近代法の理念であるsugimoto


I wonder why no countries spoke up when Mamoru Shigemitsu, a convicted and sentenced Class-A war ciminal (who was sentenced to 7 years in prison but paroled by Japan in 1951), represented Japan and addressed the General Assembly of the UN in 1956, thanking UN for admission of Japan into it and expressing “Japan’s sincere commitment to work towards the noble goals UN.” This happened before Japan got the permission from 11 countries in compliance with Article 11 of the SF treaty to release all war criminals. People should have been more appalled than now, since the wounds and memories must have been still fresh from the war.Two cents at Marmot



Some people aruge since some A crimanals were pardoned, those who were already excuted were pardoned too, but I don't think so. The committe did not refered to Tojo etc when it pardoned the criminals.

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