Validity of Tribunal

Newsweek article that reports on the defense arguments against the authority of the tribunal. Reports on how the defense argued that "Japan did not surrender unconditionally. The attack on Pearl Harbor was no more murderous than the dropping of the atom bomb. Planning and waging war are not crimes against the peace." The article then gives a vivid description on Keenan's response to the allegations and the subsequent arguments that occurred between the defense and prosecution teams.

Reports on the upcoming ruling to be delivered by the tribunal regarding the Japanese challenge to the court's jurisdiction. Discusses Iichiro Kiyose's contention that "under terms of the Potsdam declaration, war crimes can be charged only to persons who violated international law after the outbreak of hostilities, and that the 11-nation court therefore cannot try government officials who held their posts prior to the war." Also mentions Dr. Shumei Okawa's mental condition.

Reports on the arguments made by the defense counsel that "Japan surrendered conditionally, not like Germany" and in accordance with the Potsdam declaration. Ichiro Kiyose, the chief defense counsel who presented this argument, concluded that as a result of the terms under which Japan surrendered, the accused could not be brought to trial as war criminals in the same manner Nazi's were being prosecuted at Nuremberg. Also reports on the Joseph B. Keenan's rebuttal arguments. Shumei Okawa and Yosuke Matsuoka were not present due to medical conditions.

First page states : Tentative Draft. Preliminary Only and Not to be Taken as Representing Dept. of State Policy. Discusses four salient points to the prosecution of war criminals and the establishment war crimes tribunals. These include: "(1) the problem of determining who are war criminals, giving due regard to the conclusions reached by the United Nations War Crimes Commission; (2) the apprehension and treatment of war criminals pending trial; (3) their trail and punishment; (4) the special status of the Emperor."