The Evening Star (December 7, 1945)
Tojo trial scheduled for January, Keenan discloses in Tokyo
Death penalty expected to be demanded for him and members of cabinet
TOKYO (AP) – Chief Prosecutor Joseph B. Keenan announced today that the first war crimes trials in Japan tentatively were scheduled for January – with Hideki Tojo and his Pearl Harbor cabinet leading the parade of defendants. The death penalty will be asked, he indicated.
“The accused will be presumed innocent until proved guilty,” Mr. Keenan, Gen. MacArthur’s special staff counsel, told a news conference. But he added that: “Japanese war criminals must be punished and humiliated so that they will go down in history as ordinary felons of the lowest type.”
He refused comment on the Allied attitude toward Emperor Hirohito.
Agreement reported
He said he found President Truman and Gen. MacArthur in accord on questions affecting trial procedure and on the requirement that trials be concluded as rapidly as possible.
Like their German counterparts, Japanese war crimes suspects will be tried in groups. An international court seems likely, since other interested powers have been asked to nominate members. None has complied thus far, Mr. Keenan reported.
On top of Gen. MacArthur’s order for the arrest of Marquis Koichi Kido, the arrival of Mr. Keenan in Japan brought full realization to the Japanese that the Allies mean business in rooting out aggressors. The order against Kido reached as close to the throne as Gen. MacArthur could get without arresting Emperor Hirohito himself.
The Tokyo newspaper Asahi, in reporting the order for the arrests of Kido and Prince Fumimaro Konoye, said the directive is expected to “exert considerably serious consequences n the political situation of this country.”
Political circles to change
“By virtue of the present arrest directive, the leaders, including Prince Konoye and Marquis Kido, who for years served the throne, will disappear from political circles,” Asahi declared.
“As a result, the ripples to be caused to political circles cannot be slighted.”
Asahi commented on the eve of the fateful December 8 (December 7, United States date) that it was time Japan began its own investigation of the events which led to war.
Looking to the future prosecutions of such men as Konoye, Kido and Tojo, Mr. Keenan said:
“In the past a man lost only his prestige as did the Kaiser in World War I, but now we must make the leaders endure personal punishment. We have come to the point where another war threatens the very existence of civilization and we must act firmly.”
Plans outlined
Mr. Keenan is concerned with the trials of top flight classifications cabinet members, army, navy and air officers and industrial leaders – “who for any purpose whatsoever joined in a plan to rule outside Japan by brute force.”
Outlining preliminary plans for the trials – which will involve more than 250 war crimes suspects – Mr. Keenan said the groups of defendants would be built around time periods in which they were active. They will go back to July 1937, when the China war started.
Mr. Keenan said trials probably would be free and open. The accused would be given fair notice of charges against them so that they might prepare for trial either through their own counsel, if desired, or appointed counsel.
Penalties would be “within elastic limits” and be at the option of the court under a court charter which will be issued, he said.
Asked what penalties could be expected, he replied that every civilized country has a penalty that fits the offense of persons whose acts mean loss of life to innocent people – a strong indication that the prosecution will ask for death.
May be tried twice
Mr. Keenan said that if a Japanese committed crimes in more than one place he could be tried wherever convenient. A man can be tried twice, he said.
Asked specifically if the Philippines had been asked to send representatives to the court, Mr. Keenan replied that the commonwealth at least would be asked to name someone to the prosecuting agency.
Invitations have been extended to all Allied nations, he added.