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Parent Motion to Dismiss on Behalf of all Defendants
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
INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST MOTION No. _________ THE UNITED STATES OF AMERICA, et al. vs ARAKI, Sadao, et al. Defendants MOTION TO DISMISS ON BEHALF OF ALL DEFENDANTS Now com all of the defendants in the above entitled cause by their attorneys of record and move the Honorable, the International Military Tribunal for the Far East, for an order adjudging that said Tribunal is without jurisdiction or authority in law to hear and determine the alleged indictment heretofore lodged with the Tribunal on 3 May 1946, and to dismiss said alleged indictment, and as ground for said motion say as follows: 1.General Douglass MacArthur, being a citizen of the United States of America and a General of the Army of the United States of America in the Pacific Area, is bound by the laws of the United States and possesses only such legal and military authority as has been actually conferred upon him by the laws duly enacted by the Congress of the United States of America. General MacArthur has not heretofore been authorized by any law enacted by the Congress of the United States of America or provision of its Constitution to establish a military tribunal for the trial of war crimes other than an American military tribunal; nor has the Congress authorized General MacArthur to appoint American or Philippine civilian judges to an international military court or to associate or pool American interests and powers in such court; nor has the Congress of the United States ever authorized of empowered General MacArthur to accept an appointment or office or place of trust from sovereign foreign nations for the purpose of establishing an international tribunal or to appoint either civilian or military judges of those foreign nations to such tribunal. -1-