Description:

ORIGINAL DRAFT OF THE INDICTMENT OF THE TOKYO WAR CRIMES TRIBUNAL
The International Military Tribunal for the Far East (IMTFE), popularly known as the Tokyo War Crimes Tribunal, convened in April 1946 to try leaders of the Empire of Japan for their crimes against peace, conventional war crimes, and crimes against humanity, leading up to and during World War II. Presented here is a period mimeographed document, 45pp. legal folio, a working copy of the 55-count indictment lodged with the IMTFE by the international prosecuting team against the principal Japanese defendants. This copy was prepared for American associate counsel for the prosecution DAVID NELSON SUTTON (1895-1974), who was responsible for gathering witness testimony related to Japanese war crimes in China. The document, bound in plain paper covers and stapled along the left edge, bears his ink initials ‘D N S' on the front, with several of his pencil and ink annotations in the text, including his addition of a line in Count 52 related to Japanese attacks against Soviet territory ‘...in the region of Lake Khasan in the months of July and August 1938…', which appears in later published versions of the indictment. This suggests that the copy presented here is an early draft given to Sutton and other members of the prosecution team for comment and revision, prior to the presentation of the indictment to the IMTFE on April 29, 1946. The indictment opens with a broad accusation against the defendants, in small part: ‘In the years hereinafter referred to in this Indictment the internal and foreign policies of Japan were dominated and directed by a criminal militaristic clique, and such policies were the cause of serious world troubles, aggressive wars, and great damage to the interests of peace-loving peoples, as well as the interests of the Japanese people themselves. The mind of the Japanese people was systematically poisoned with harmful ideas of the alleged racial superiority of Japan over other peoples of Asia and even of the whole world. Such parliamentary institutions as existed in Japan were used as implements for widespread aggression, and a system similar to those then established by Hitler and the Nazi party in Germany and by the Fascist party in Italy was introduced. The economic and financial resources of Japan were to a large extent mobilized for war aims, to the detriment of the welfare of the Japanese people. A conspiracy between the defendants, joined in by the rulers of other aggressive countries, namely, Nazi Germany and Fascist Italy, was entered into. The main objects of this conspiracy was to secure the domination and exploitation by the aggressive States of the rest of the world, and to this end to commit, or encourage the commission of crimes against peace, war crimes, and crimes against humanity as defined in the Charter of this Tribunal, thus threatening and injuring the basic principles of liberty and respect for the human personality…' The charges presented in the indictment are divided into three categories, a model established by the Nuremberg trials in Germany: ‘Class A' charges, covering crimes against peace and the waging of a war of aggression against other nations; ‘Class B' charges, covering conventional war crimes, including the Rape of Nanjing, the Bataan Death March, and the surprise attack on Pearl Harbor; and ‘Class C' charges, covering crimes against humanity directed against civilian populations. Following the indictment itself are several appendices, which present particular ‘...Matters and Events upon which the Prosecution will rely in support of the several Counts of the Indictment…', listing specific acts of aggression against the Allied nations, as well as treaties violated by Japan in their treatment of civilians and prisoners of war. The final appendix features biographical sketches of each named defendant, including former Prime Minister HIDEKI TOJO, and lists specific government conferences that they participated in that are alleged to have resulted in illegal and prosecutable decisions. Also presented here is a second copy of the indictment, 114pp. oblong legal folio, printed entirely in Japanese and produced for the use of the principal defendants and their legal team. The defense counsel consisted of 25 American and 79 Japanese attorneys, and thus the entire tribunal had to be spoken and recorded in both English and Japanese. As with the English example described above, this copy of the indictment is bound in plain paper covers stapled along the right side, with Sutton adding the notation ‘Delivered Court 29 April 1946' on the front. Both copies of the indictment show minor oxidation to the staples, slight toning and a few small chips to the page edges, but are otherwise in very good condition. A similar English copy of the indictment is held by the University of Virginia as part of their collection of Sutton's papers. SOLD WITH: a period 5pp. 4to. mimeographed document featuring a chronology of the IMTFE proceedings, the number of witnesses appearing, a list of defendants (including Japanese Prime Minister Hideki Tojo), and other facts and figures related to the tribunal. All three pieces originate from Sutton's archives.

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November 13, 2025 10:00 AM EST
Elkton, MD, US

Alexander Historical Auctions LLC

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