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Parent | Remarks to Court on the motion attacking the jurisdiction of the Tribunal |
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Date | June 1946 |
Language | English |
Collection | Tavenner Papers & IMTFE Official Records |
Box | Box 3 |
Folder | General Reports and Memoranda from June 1946 |
Repository | University of Virginia Law Library |
At this time we address our remarks to the Court on the motion attacking the Jurisdiction of the Tribunal, filed by Mr. Kiyose representing Tojo, one of the accused. This motion la generally addressed to the jurisdiction of this Tribunal. It contains the following contentions:
"According to the general conception travailing in July,
1945 war criminals meant those who violated rules customs of
war after the commencement of war and to be punishable according
to the previous international law and customs."
"The Fact renouncing war as an instrument of national policy
of 1928 (the Fact of Paris) and other treaties did not expand the
meaning of war crimes."
"The Meaning of 'war criminals' referred to by the Allied
Governments and statesmen until July 1945 also seems to have
followed the accepted usage of the word, and it seems quite clear
that the declaration of July 26, 1945 used this word in its accepted
sense. Hence 'war criminals' referred to in the said Declaration
does not include