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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
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