CONDEMNED JAPANESE

Otago Daily Times, Issue 26958, 18 December 1948, Page 7

CONDEMNED JAPANESE

APPEALS TO UNITED STATES JURISDICTION OF COURT QUESTIONED - NZPA—Copyright WASHINGTON, Rec. 9 p.m. Dec. 16. The United States Supreme Court to-day began the hearings of appeals by 1 seven Japanese—two of whom have been condemned to death — against their convictions of war crimes by the International Tribunal in Tokio. Counsel representing the five Japanese sentenced to imprisonment argued that the Supreme Court had jurisdiction in the cases since the International Military Tribunal for the Far East was actually created by the United States and not by an international treaty. Counsel for the United States Government opposed this view, saying that a military international court was created by a group of 11 nations, which in turn gave General MaeArthur authority to establish a trial court. He added that if the Supreme Court interfered wiih the convictions it would prove harmful to future international dealings. Four of the nine Supreme Court justices have already said in an unprecedented pre-hearing statement that they believe the court has no authority in the case. The hearings will continue to-mor-row. The Solicitor-general of the United States, Mr Philip Perlman, in a brief filed with the United States Supreme Court, in advance of oral arguments, asked the court not to “tamper” with the International War Crimes Tribunal, which sentenced Jojo and six other high Japanese war leaders to death. He referred to the United States Government’s “deep concern lest irreparable damage be done ” if the court “arrogates to itself the power to review the action of the Tokio tribunal.” Mr Perlman said that such a move would be a blow not only to the peaceful and judicial settlement of international disputes and the continued growth of world law, but to other cooperative endeavours such as the United Nations’ activities. None of the death sentences on the Japanese will be carried out until the court has given its decision on the appeals.