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Parent Remarks to Court on the motion attacking the jurisdiction of the Tribunal
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
Prepared to authorize and insure the signature by his government and the Imperial General Headquarters of the necessary terms for carrying out the provisions of the Potsdam Declaration. His Majesty is also prepared to issue his commands to all the military, naval and air authorities of Japan and all the forces under their control wherever located to cease active operations, to surrender arms and to issue such other orders as may be required by the Supreme Commander of the Allied Forces for the execution of the above-mentioned term.” Finally the Instrument of Surrender itself, signed by command of and in behalf of the Emperor of Japan and the Japanese Government and by command of an in behalf of the Japanese Imperial General Headquarters, contains the following in paragraph 5: “We hereby command all civil, military and naval officials to obey and enforce all proclamations, orders and directives deemed by the Supreme Commander for the Allied Powers to be proper to effectuate this surrender and issued by him or under his authority.” Paragraph 6 of the Instrument of Surrender states: “We hereby undertake for the Emperor, the Japanese Government and their successors to carry out the provisions of the Potsdam Declaration in good faith, and to issue whatever orders and take whatever action may be required by the Supreme Commander for the Allied Powers or by any other designated representative of the Allied Powers for the purpose of giving effect to that Declaration.” The Special Proclamation of the Supreme Commander for the Allied Powers proclaimed the 19th day of January, 1946 sets forth: “Whereas, the Governments of the Allied Powers at war with Japan on the 26th July 1945 at Potsdam, declared as one of the terms of surrender that stern justice shall be meted out to all war criminals including those who have visited cruelties upon our prisoners: “Whereas, by the Instrument of Surrender of Japan executed at Tokyo Bay, Japan, on the 2nd September 1945, the signatories for Japan, by command of an in behalf of the Emperor and the Japanese Government accepted the terms set forth in such Declaration at Potsdam: