WAR CRIMES TRIAL

Press, Volume LXXXII, Issue 24868, 7 May 1946, Page 5

WAR CRIMES TRIAL

Challenge By Tojo’s Counsel

MEMBERSHEP OF TRIBUNAL

(Rec 8.30 p.m.) TOKYO, May 6. When the War Crimes Tribunal met Tojos counsel, Ichiro Kiyose challenged the right of th e president, Sir William Webb (Australia), to sit as a member of the tribunal, claiming that William Webb should be disquahfied because he once investigated Japanese atrocities for the Australian Government. The chief prosecutor ( Mr Joseph Keenan) commented that perhaps it would be-wise to reconstitute the Court, which then adjourned to consider Kiyose’s submission. After the adjournment Mr Justice Northcroft (New Zealand), who has acted as president in the absence of Sir William Webb, announced that members were of the opinion that no objection could be sustained against any member of the tribunal. Sir William Webb did not participate in the deliberations.

All the Japanese pleaded not guilty to the indictments. Tojo stood up stiffly and said clearly on all counts, “I plead not guilty.” At an earlier session Kiyose, acting on behalf of counsel for all the de fendants, in a written representation to the tribunal, contended that under the terms of the Potsdam declaration war crimes could be charged only to persons who violated international law after the outbreak of hostilities. He claimed that therefore the international tribunal could not try high Government officials who held posts before the war on indictments as far back as 1928. Kiyose also argued that, whereas Siam never declared war against Japan, Siam never was one of the Allies and therefore war crimes charges involving Siam were beyond the Court’s jurisdiction. Kiyose is expected to argue that the Court is not duly constituted, that the charges against the defendants are not crimes, and also that prejudice exists against the defendants. The president (Sir William Webb) ended the brief session with a terse acknowledgement of Kiyose’s challenge.