ALLIED TRIBUNAL

Gisborne Herald, Volume LXXIII, Issue 21925, 21 January 1946, Page 3

ALLIED TRIBUNAL

TRIALS IN TAPAN ONLY FIVE NOMINATIONS EMPEROR’S LIABILITY (10 a.m.) NEW YORK., Jan. 20. According to the latest information only Britain, United States, Canada, New Zealand and China have replied accepting invitations to nominate representatives for the Allied war crimes tribunal at January 15, the time limit set for the acceptance, says the New York Times’ correspondent in Takyo. Thus it is probable that General To jo will be tried by a court on which Russia, France, Netherlands, and Australia are not represented. One clause establishing the tribunal lays down that the fact that an accused' person acted pursuant to orders from his Government, or a superior officer will not be deemed to absolve the individual of responsibility, although such circumstances may be considered in mitigation of punishment, clause is evidently intended to forestall pleas that will frequently be made before military courts of trying lesser criminals that are accused of acting only in accordance with orders, but the rule may prove explosively doublebarrelled.

Legally-trained observers point out that if subordinates were tried _ for obeying orders from their superiors, the question of the superior's personal responsibility was immediately raised. Since the Emperor stands at the very summit of the Japanese military and governmental hierarchies, it is difficult to see how he can be excluded. The rule, therefore may become an argumnt in the hands of those Allies wno believe Hirohito himself should face the same charges as those laid against his subjects.