Chapter 31 30. Who will be put on trial?

The army of a country that launched an aggressive war has committed so many crimes. There is no doubt about who should be put on the trial bench of history. However, a series of strange phenomena have appeared behind the scenes of the international military court , is really incomprehensible. This is history.These are some of the problems left by the International Military Tribunal for the Far East led by the United States and Britain.Let's go into details- We already know that all the facts and victims are there—even though the Japanese tried their best to whitewash and destroy the evidence of felony crimes committed after the occupation of Nanjing, the bones of hundreds of thousands of victims were also buried in the The deep soil begins to rot, but the Chinese people can easily pick up the blood debts around them and in their memories... People are waiting for opportunities.

Now is your chance.The International Military Tribunal for the Far East in Tokyo across the water gave the Chinese a chance. Blood debts must be paid with blood.This is inevitable.The liquidation of crimes against the Japanese is also inevitable. However, the liquidation of Japan’s war crimes took place from the time when they planned the September 18th Incident in 1931 to the day when they announced their official surrender on September 2, 1945. The crimes committed by the Japanese army in China during this period can be described as countless.The International Military Tribunal for the Far East regards the "Nanjing Massacre" as one of the key liquidation crimes against Japanese war criminals, and has established a prosecution team with Keenan as the Attorney General, including several Chinese judges.However, at that time, the Chinese government did not know much about the Anglo-American legal system adopted by the International Military Tribunal for the Far East—this legal system emphasized the role of evidence and witnesses, especially the testimony of key witnesses can often affect the final court trial results.However, China has always adopted the civil law system, which is characterized by emphasizing the role of judges and ignoring the collection of evidence.After the victory of the Anti-Japanese War, the National Government headed by Chiang Kai-shek believed that Japan’s invasion of China was an indisputable fact, and its crimes were obvious to all. Therefore, it believed that the Tokyo Trial was just a formality, and the death penalty for Japanese war criminals was a sure thing.So when the International Military Tribunal for the Far East asked us to send people to participate, we only sent a very small team of judges.Even Ni Zhengyu, a judge sent by China, said: "The national government thought that the victors would punish the losers, and the trial was just a formality. There was no need for criminal evidence, let alone the application of the evidence law was so strict."

But the Chinese guessed wrong.The International Military Tribunal for the Far East does not judge in this way, they have their own set of common law practices.The dominance of the entire Far East International Military Tribunal is in the hands of the Americans, and at the same time there are a group of British jurists to cooperate. Evidence and indictments are undoubtedly particularly critical in sentencing criminals.Mr. Keenan of the United States is responsible for this task of the International Military Tribunal for the Far East. He is not only the Attorney General of the Procuratorate, but also an important member of the court sent by the United States to Tokyo.Keenan arrived in Tokyo on December 6, 1945, more than a month before MacArthur signed the establishment of the International Military Tribunal for the Far East.

Keenan, 57, is a graduate of Harvard Law School. In 1933 he served as Special Assistant to the Federal Minister of Justice, and two years later was appointed Director of the Criminal Bureau of the Ministry of Justice.This man is decisive and ruthless in handling cases, so he has the nickname of "Devil Prosecutor". The Japanese invading army is the devil, and the devil's crimes are judged by the "devil prosecutor", which is very appropriate.But after Keenan arrived in Tokyo, MacArthur made it clear to him: "With regard to the trial of Japanese war criminals, I would like to make three points for your consideration: one is to try as soon as possible; When it comes to massacres; third, the Pearl Harbor incident should be the focus..."

When Keenan heard what the commander-in-chief of the Allied Forces said, he felt a little murmured in his heart, but he could only nod his head in agreement: "I'm also an American, I will keep the general's words in mind..." What's the meaning?The International Military Tribunal for the Far East was opened for them Americans?So China, as one of the victorious countries, as the main battlefield of the Anti-Japanese War, can we put aside 35 million casualties?Maybe, maybe not.Anyway, many strange things happened later: First of all, the drafter of the indictment against Japan, the public enemy of Asia, was actually a British.The procuratorate and the presiding officer of the court are basically American and British.

The Chinese procuratorial team arrived in Japan in February 1946, led by Dr. Mei Ruao, a famous jurist, and prosecutor Xiang Zhejun. At the end of February, representatives from the 11 countries participating in the trial gathered to set the tone and arrange the contents of the indictment.The British prosecutor Carl, who served as the chairman of the indictment drafting executive committee, announced condescendingly that the International Military Tribunal for the Far East had a great impact on the trial of Japanese war criminals and had a huge workload, so it should be simple and speedy.To achieve this goal, the number of defendants should be limited to 15 and no more than 20.

20 people?How can this be?The list of Japanese Class A war criminals provided by the Chinese government has as many as 33 people. According to Mr. Carl's opinion, those war criminals who slaughtered the Chinese people can easily escape punishment like this? "Yes, how do we explain to the people and the government?" "No! 20 people absolutely not!" Chinese prosecutor Xiang Zhejun expressed strong dissatisfaction. 33 people?You Chinese have too much appetite!Do you know how many German Nazi war criminals were prosecuted by the Nuremberg Tribunal?It is 22 people!This time, it was Carbone from the International Prosecutor's Bureau who was sitting next to Keenan and Carl, who interrupted decisively. Judging by his haughty appearance, it seemed that he didn't take Chinese prosecutors seriously at all.

Xiang Zhejun didn't buy his account, and retorted: Are you clear about a basic fact: the crimes committed by Japanese militarism in China and Asia are worse than those committed by the Nazis. Do we have to judge by a certain court? Do you want to determine the number of people you want to prosecute instead of judging war criminals according to the crimes they committed? Carbone fell silent.I saw Carl spread his hands and shrugged towards Keenan beside him, meaning: Please make a decision! There was a temporary cold spot in the meeting. Now it is the turn of the Americans: the Pacific War broke out because of the Pearl Harbor incident, and the International Military Tribunal for the Far East should undoubtedly punish the Japanese war criminals who attacked Pearl Harbor severely, while other Japanese war criminals can receive a lighter sentence Lost.

Such strange talk!When the Chinese prosecutor heard this, he became even more angry: the crimes committed by the Japanese aggressors in Asia far exceeded the time when the German Nazis committed crimes against Europe, and the severity of the crimes far exceeded the attack on Pearl Harbor. Japanese war criminals who committed crimes in China and other Asian countries should be severely punished! "You're serious, isn't it serious that they attacked Pearl Harbor?" The American stood up from his chair. "Then the attack on Pearl Harbor cannot be the subject of the prosecution!" Chinese prosecutors will never give in.

"Okay! Okay! What the gentlemen said is reasonable, but the whole case is too large and complicated, and the time cannot be dragged on for too long. The number of people to be prosecuted should be appropriately limited. In addition, the relevant countries can also be authorized by the International Military Tribunal for the Far East to set up independent war criminals trial courts. In this way, the demands raised by you and other countries can be resolved. What do you think of this proposal?” Keenan, a veteran Finally, balance suggestions are put forward. "OK, we agree with this proposal."

"Then—we don't object." Although the Chinese prosecutor felt helpless, he still raised his hand to this compromise plan. So, who should be the criminal on the trial bench of history?A new heated debate began before the trial of the International Military Tribunal for the Far East—on March 11, 1946, a meeting of all prosecutors chaired by the Executive Committee of the International Prosecutor’s Bureau was held again in the meeting room of the Meiji Life Building in Tokyo. Prosecutors from 11 countries Form a circle to discuss the list of defendants who decided to prosecute the first batch of Japanese war criminals. Hideki Tojo, the culprit behind the attack on Pearl Harbor, was unanimously elected as the first war criminal to stand trial.This "honor" was awarded because the U.S. prosecutors cited a group of iron-clad evidence and witnesses. Prosecutors in other Asian countries are eager to try and expect the will of their own country to win the support of all prosecutors. What's wrong with China?Chinese Prosecutor Xiang Zhejun sat in the third seat to the right of Chief Prosecutor Keenan this day, which was very eye-catching, but he was a little anxious and distracted at the meeting. "Now we are discussing Matsui Iwane, please read the content of your prosecution to the prosecutor in China." Keenan named Xiang Zhejun. "Thank you, Chief Prosecutor." Xiang Zhejun picked up the indictment in a panic and began to read it out. finished reading.Keenan glanced at all the prosecutors, and then shouted: "Please testify from Chinese witnesses." At this moment, Qin Dechun, the deputy director of the Military and Political Department of the Chinese Nationalist Government, who had already been waiting in the lounge, strode into the venue with a military posture and appeared in front of the international prosecutors.Qin's standard military salute, coupled with the long-heard "Nanjing Catastrophe" incident, immediately made the venue extremely excited. Qin Dechun took out a pre-drawn testimony from his briefcase confidently, and read it like a pupil reciting aloud. Words such as "the Japanese army burned, killed, looted and raped everywhere" and "heinous crimes" appeared frequently in the content, which was eloquent and eloquent. minutes passed... "No, no, dear Chinese prosecutor, this is a court, not your classroom! Please show evidence of the Japanese army's murder and arson! Do you understand? We want evidence, not empty words!" Suddenly, an American prosecutor The official interrupted Qin Dechun's words. The venue suddenly started to whisper "twitter", and all the prosecutors echoed the US prosecutor.The faces of Xiang Zhejun and other Chinese prosecutors were all flushed—how could our government send such stupid people to court?How could China allow such a person to be the deputy minister of military affairs? well!Xiang Zhejun's hands trembled a little. He had communicated with Deputy Chief Qin beforehand, but the deputy chief had a haughty attitude and said, "The evidence of the Nanjing Massacre is as solid as a mountain. Just my word will send those war criminals to the guillotine." !" "It's also my fault for trusting him too much..." Xiang Zhejun blamed himself secretly, but it was too late. "Mr. Qin Dechun, have you brought evidence or specific cases?" Keenan, who presided over the meeting, spoke. "This, this..." Qin Dechun didn't know how to answer, and even said "this" several times in a row.Good guy, this has attracted a lot of ridicule from prosecutors in other countries. "The witnesses have no evidence, and you came to Tokyo to watch the bomb power of our US military?" the US prosecutor said triumphantly. "You Chinese say that the Japanese army committed a massacre in Nanjing. There are no witnesses and evidence. Isn't our court your stage?" "..." There were even more ugly words, which were frequently uttered by the prosecutors.The atmosphere of the venue was destroyed again. "Everyone be quiet! Be quiet!" Keenan was a little dissatisfied, and gestured to everyone with both hands.Then he turned his face to Xiang Zhejun on the right: "Mr. Prosecutor Xiang, it's a pity that your country failed to provide enough evidence. We cannot include the Nanjing Massacre criminal Matsui Iwane in the first trial. Please report to him as soon as possible." Your government conveyed the current court preparations, I fully understand that you have suffered greatly from the Japanese aggression, and as representatives of the victorious country, I believe you know how to act." Xiang Zhejun nodded frequently, but he didn't dare to raise his head.He felt ashamed of himself and his country.This is more than a shame!The Japanese aggressors killed so many people in Nanjing, but failed to produce evidence to put the criminals on trial. Isn't this a great shame? "As representatives of a country, shouldn't we be scolded to death by 400 million people?" Xiang Zhejun didn't know how he walked out of the venue that day. In the evening, the Chinese representatives gathered in Mei Ru'ao's room at the Imperial Hotel. Everyone was angry and angry at what you said and what I said. "The weak of the country are being bullied!" Justice Mei sighed several times. "Is there any way to make up for it now? I have to find a way quickly!" "What can I do? Hurry up and go back to China to find evidence!" "Yes, here we apply to the International Procuratorate for a reconsideration, and we must immediately send someone back to China to collect evidence!" "Prosecutor Xiang, what do you think?" Mei Ru'ao asked for Xiang Zhejun's opinion. "I also have the same opinion - someone needs to go back immediately to get evidence!" Xiang Zhejun said. "I'll go back!" 33-year-old Qiu Shaoheng volunteered. "Okay! Shao Heng, your burden is as heavy as Mount Tai, we are waiting for your return in Tokyo!" Mei Ru'ao and Xiang Zhejun took Qiu Shaoheng's hand, exhorting and exhorting. "Don't worry, I will do my best!" Qiu Shaoheng said. Just do it!The Chinese prosecutors in Tokyo began to split into two groups: one was Qiu Shaoheng returning to China to obtain evidence, and the other was Xiang Zhejun led by Xiang Zhejun to find evidence in Tokyo—after the Allied forces conquered the Japanese capital Tokyo, they intercepted many secrets of the Japanese government’s war of aggression document!Xiang Zhejun and the others gained a lot. Besides, after Qiu Shaoheng reported to the relevant government departments after returning to China, he was taken seriously.Hearing that they wanted to testify for the "Nanjing Massacre", the people of Nanjing, the capital, immediately stood up voluntarily.So Qiu Shaoheng returned to Tokyo this time with a lot of evidence. On the other hand, when discussing the China issue, the International Prosecutor's Office also felt that incidents like the Nanjing Massacre should not be underestimated, otherwise it would damage the reputation of the International Military Tribunal for the Far East, so Keenan decided to go to China in person. The Attorney General has his hands full, but in order to bring Japanese war criminals to court, he has to do it himself. Keenan arrived in China on March 16, 1946, only one and a half months before the trial.Keenan took several members of the International Prosecutor's Bureau, including Hawks, Hearst, Locke, and Liv, in a hurry. They first arrived in Shanghai by Allied aircraft, and then transferred to Nanjing all the way.Accompanied by Chinese prosecutor Xiang Zhejun, they met with more than a dozen witnesses of the Nanjing Massacre and obtained some real objects before returning to Tokyo.Although short and hasty, the evidence obtained by Keenan and his party was still considered "the most accomplished" by the International Prosecutor's Office. On April 1, the International Prosecutor's Office held its last meeting on determining the list of war criminals to be prosecuted.Matsui Iwane, the chief criminal of the Nanjing Massacre, was included in the first batch of war criminals prosecuted.Chinese prosecutor Xiang Zhejun and others finally breathed a sigh of relief. There is still a month to go before the planned trial in early May.Keenan pointed out that the International Military Tribunal for the Far East will have a protracted trial, which will take a long time. Therefore, after indicting the war criminals listed in the court, countries can continue to collect evidence according to the situation so that they can be more effective in the court. Trial of war criminals.Based on this, the International Prosecutor's Office also sent their prosecutor, Laurel, to China again. After a visit to China, American prosecutor Laurel brought back many new evidence.However, Keenan still felt dissatisfied after watching it, so he sent his right-hand assistant Sutton again.In this way, on the afternoon of May 31, Sutton arrived in Shanghai with his assistants Captain Luke Li, Second Lieutenant Joe Alexander and his entourage Douglas, focusing on investigating the Nanjing Massacre and Japan's opium promotion in China. On June 3, Sutton arrived in Nanjing. "There is one person you can find, which must be very important to the court trial. His name is Fitch, and he has been in this city when the Japanese army occupied Nanjing. Now Mr. Fitch is still working in China!" said the United Nations Disaster Relief Agency in China At the headquarters, an American friend provided Sutton with a clue that excited him. "Please help the Chinese government to meet with Mr. Fitch right away. It is best to let him go to Tokyo with us." The next day, Sutton immediately met with Weng Wenhao, the vice president of the Chinese Executive Yuan, hoping that he would help transfer Fitch back from Kaifeng, Henan. Nanjing. "Although this matter is difficult, we will actively cooperate." Weng Wenhao pursed his lips and answered Sutton in English.Fitch was currently the director of the Henan Regional Office of the United Nations Disaster Relief Agency, and it was obviously impossible for him to leave his position unless there was a special need. After hearing Weng Wenhao's words, Sutton immediately dispatched a plane through the U.S. Command in China to find Fitch from Kaifeng and bring him back to Nanjing. "To testify in the Tokyo court? No problem! What the Japanese did in Nanjing is too abominable! I am obliged!" After meeting with Sutton, Fitch immediately stated his position. "I have heard that Mr. Professor and a group of American professors, doctors and missionaries did a lot of rescue work for the Chinese during the Nanjing catastrophe. Now you can appear in court to accuse the war criminals of their crimes. On behalf of the United States and the Far East The court thanks Mr. Professor!" Sutton gave Fitch a warm hug. "You should also find someone, he is very important. When we established the Nanjing Security Zone, he was our secretary, responsible for the investigation of all the crimes committed by the Japanese army and the collation of materials..." Fitch said. "Who is he?" "Professor Smythe." Sutton was overjoyed: "I've heard of this person's name! Where is this professor now?" "It's in Nanjing." "Great! Go find him right away." Sutton felt like a treasure. After Sutton met with Smythe, he confidently asked him to go to Tokyo with Fitch, but Smythe poured cold water on him: "Mr. Fitch and I are both professors at Jinling University. It is impossible for both of us to leave the post at the same time.” "You?!" The trial of the Japanese war criminals touched every nerve in the world, but received a cold reception in China. This was beyond Sutton's expectation. His face turned red, but he suppressed his anger and calmed down in front of the professor. A few minutes later, he said: "Japan launched a war, which not only caused great harm to China and Asia, but also to us, the United States. The Pearl Harbor incident is an example. Mr. Professor should be clear, based on this, each of us has the obligation to go to the court as a Witnesses, account for their crimes." "Mr. Prosecutor's words are correct. I have no other intentions. It's just that I can't get away from work." "Smart" Smythe said to the visitor in his usual style, "Well, I will definitely write a detailed certificate. Materials, record the known crimes committed by the Japanese in Nanjing, as one of the evidence you want, Mr. Prosecutor, can you see it?" "Very well. We are very satisfied that the professor can do this." A few days later, a weighty testimony from Smythe was handed to Sutton. "Why don't you go to Mr. Rabe from Germany? Before and after Japan entered Nanjing, he was a big man who led our international committee to carry out excellent work. He is also an important witness." Smythe said to Sutton said. "The situation of this person is more complicated. Our International Prosecutor's Office once asked the relevant parties in Germany through the Nuremberg Tribunal's procuratorial agency, but it is said that because he was a Nazi party member, his qualifications as a witness were later disqualified." Sutton replied. . "I see." Smythe sighed after hearing this. "It's a pity." There are still many regrets.When Sutton left Tokyo, Keenan only gave him about a week, which is easier said than done! I don't know if it's the habits of the Chinese or the character of the Orientals. Sutton really can't figure out one thing: the crimes of the Japanese are heinous, and everyone is gnashing their teeth against them, but it's so difficult to ask them to testify in court in Tokyo. Worry and dodge!Have you forgotten the pain?Isn't it your lost loved ones?Or are you born without a sense of justice and responsibility?Facing the blood-stained Zhonghua Gate, Sutton sighed many times, but could not answer. He didn't think much of it.Tokyo is waiting for him to bring back witnesses. On June 5, Sutton approached Wang Lengzhai through Mr. Chen Cheng, Chief of Staff of the Chinese Army. Sa met Xu Chuanyin on the 5th. Xu is a professor at Jinling University and Xu is willing to appear in court.Chen Fubao and Shang Deyi were only found on June 7. On the 8th, Sa met with Mayor Ma Chaojun and found Captain Liang Tingfang. On the 10th, after doing work, these people agreed to go to Tokyo.The official representative, Qin Dechun, had his first embarrassing experience, and expressed his unwillingness to go to Tokyo again.However, according to Keenan's wishes, Sutton still wanted to ask him to appear in court, so he asked Chief of Staff Chen Cheng to come forward to persuade Qin, and finally Qin reluctantly agreed. At 10:15 on the 12th, Sutton took 15 witnesses including Xu Chuanyin, Liang Tingfang, Shang Deyi, Wu Changde, Chen Fubao, Wang Lengzhai, Beideshi, and Qin Dechun, and left China from Shanghai Jiangwan Airport on an Allied military plane. Arrived at Atsugi Airport in Japan at 4:20 p.m. that day.Together with other witnesses such as Pastor Magee found by the International Prosecutor's Office, they formed the Chinese witness group. At this time, Tokyo is already a hot season, and the sea breeze blows the city, making everything disturbing.However, there is only one place that maintains an unusually solemn and solemn atmosphere, and it is the seat of the International Military Tribunal for the Far East that tried Japanese war criminals...