Description:

(TOKYO WAR CRIMES TRIBUNAL) PROSECUTION REPLY TO DEFENSE SUMMATION
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, 155pp. legal folio, parts II and III of the international prosecution team's reply to the defense counsel's closing arguments, presented before the court on April 15 and 16, 1946. This copy has been prepared from the court record 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. Part II of the reply specifically targets the efforts of the defense to minimize the actions of defendants KENJI DOIHARA, who was instrumental in fomenting the invasion of Manchuria and establishing the puppet state of Manchukuo, and former Minister of War SEISHIRO ITAGAKI. Part III more generally criticizes the tactics utilized by the defense and the attempts made by the defendants' to minimize their roles of authority in the Japanese government, and thereby their culpability in its crimes. In very small part: ‘…The defendants have resorted to every conceivable device in order to evade the liability that is theirs. Responsibility is shifted. It is shifted from one group to another, from one person to another, from subordinate to superior and from superior to subordinate. Responsibility is minimized. Important governmental bodies become impotent; cabinet offices become mere titles; men entrusted with the highest duties become mere automatons. Responsibility is obliterated. Men boldly state they are beyond the reaches of the law… The favorite device of these defendants in avoiding liability is to shift all responsibility to the Supreme [military] Command. In this they are safe from all reprisal. They know full well that every Chief of Staff of either service who served from 1928 to 1944 is dead. Those who served from 1944 until the surrender in 1945 are in the dock but but their liability incurred in other official capacities is so great that they too are willing to shift responsibility to the Supreme Command… However, the Supreme Command alone was not responsible. Even if they were the initiators and original proponents of Japan's fundamental policy, they could not have made that policy the basic program of Japan without the aid and assistance of the government… The Supreme Command did not prepare the peoples' minds for war; it did not make the criminal treaties of alliance [with German and Italy]… it could not mobilize the nation economically for war…' The prosecution concludes strongly: ‘...These defendants were not mere automatons; they were not replaceable cogs in a machine; they were not playthings of fate caught in a maelstrom of destiny from which there was no extrication. These men were the brains of an empire; they were the leaders of a nation's destiny. It was theirs to choose whether their nation would lead an honored life in the family of nations… or whether their nation would embark upon a program of aggrandizement and war against the other members of the family of nations and would become a symbol of evil throughout the world. They made their choice… These men knew the difference between good and evil… With full knowledge they voluntarily made their choice for evil, to disregard the obligations and to betray the faith which their own people and others had in them! With full knowledge they voluntarily elected to follow the path of war bringing death and injury to millions of human beings and destruction and hate wherever their forces went… For this choice they must bear the guilt.' The two parts of the document are bound together in a brown folder with a metal file clip, with the typed titles ‘International Military Tribunal for the Far East' and ‘Prosecution Reply to Defense Summation - Parts II and III' on the cover. Sutton's name is typed at bottom right. The covers show folds throughout, with some toning and chips to the interior pages, in very good overall condition. 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. Both pieces originate from Sutton's archives.

Accepted Forms of Payment:

American Express, COD (cash on delivery), Discover, MasterCard, Money Order / Cashiers Check, Paypal, Personal Check, Visa, Wire Transfer

Shipping

*SEE ADITTIONAL SHIPPING ABOVE* -Shipments are sent via FedEx and DHL (for most overseas shipments) or FedEx Ground at the auctioneer's option. Due to complications from the ongoing COVID-19 pandemic, we will ship with USPS Priority Mail only if the buyer submits their request to us in writing and accepts responsibility for delayed shipments. Signature is always required, unless other arrangements are made. Handling and shipping charges will be added to the invoice in one entry. Buyers should be aware that large, framed, fragile or odd shaped items can incur substantial shipping and packing charges. International shipments are invoiced by DIMENSIONAL weight, not the item weight. Please contact us for an estimate before bidding NOTE: Large, heavy or bulky items may not be shipped by the auctioneer - arrangements for shipping of these items via a third-party shipper may be arranged through the auction house. Customers who supply their own courier account number will still be charged a handling fee. Please allow 2-3 weeks for shipments after receipt of payment due to the high volume of packages being shipped.

September 10, 2025 10:00 AM EDT
Elkton, MD, US

Alexander Historical Auctions LLC

You agree to pay a buyer's premium of 25% and any applicable taxes and shipping.

View full terms and conditions

Bid Increments
From: To: Increments:
$0 $99 $10
$100 $499 $20
$500 $999 $50
$1,000 $1,999 $100
$2,000 $4,999 $250
$5,000 $9,999 $500
$10,000 $19,999 $1,000
$20,000 $49,999 $2,500
$50,000 $99,999 $5,000
$100,000 $999,999 $10,000
$1,000,000 $1,999,999 $50,000
$2,000,000 + $100,000