Tokyo Charter
The International Military Tribunal for the Far East Charter (IMTFE Charter), also known as the Tokyo Charter, was the decree issued by General
Modeled after the
Like the
Unlike the Nuremberg Charter, the Tokyo Charter was not part of a treaty or agreement among the Allies but it was substantially the same as the Nuremberg Charter. A major exception was that Emperor Hirohito was excluded from being tried for crimes against peace, war crimes, and crimes against humanity.
The Tokyo Charter differs from the Nuremberg Charter in another way. The Tokyo Charter does not make "persecution" subject to "religious" grounds. This is because the Nazi crimes against the Jews did not have a counterpart in the Asian conflict.
The Nuremberg and Tokyo Charters were applicable only to major criminals, leaving other criminals to be tried by the Allies. In Germany, the Allies acted pursuant to Control Council Law No. 10 (CCL 10)[2] in their respective zones of occupation. But they also relied on their military and national tribunals, where they applied their own laws. There was no counterpart in Japan to CCL 10 because the United States was the sole occupying power of Japan, whereas Germany was occupied by the four major Allies (United States, Great Britain, France, and the Soviet Union). The same legal issues pertaining to Article 6(c) of the Nuremberg Charter also apply to Article 5(c) of the Tokyo Charter.[1]
See also
- Cases before the International Criminal Court
- Command responsibility
- Crimina juris gentium
- Geneva Conventions
- Hague Conventions of 1899 and 1907
- Genocide
- International humanitarian law
- International Law
- Jus ad bellum
- Jus in bello
- List of war crimes
- Nuremberg Principles
- Peace Palace
- Superior orders (Pre-Nuremberg history of "I was just following superior orders")
- War Crimes Act of 1996
References
- ^ a b M. Cherif Bassiouni (July 27, 1999). Crimes Against Humanity in International Criminal Law. Wolters Kluwer. p. 32.
- ^ Nuremberg Trials Final Report Appendix D: Control Council Law No. 10