Subject to Change The Tokyo Tribunal: War Crimes, Justice, and Geopolitics
This episode looks at the courtroom drama that helped to shape Asia after World War II with Princeton University's Gary Bass. Far more than a simple account of justice served, the Tokyo War Crimes Tribunal represents a fascinating intersection of international law, power politics, and competing visions of history that continues to reverberate through East Asian relations today.
The tribunal tried 28 Japanese leaders for crimes that began long before Pearl Harbor. Imperial Japan's expansionist wars stretched back decades, leaving a trail of atrocities including the Nanjing Massacre where approximately 200,000 civilians were killed. Yet political calculations ensured Emperor Hirohito remained untouched, creating an enduring contradiction where his closest advisor received a life sentence while the monarch himself watched from his palace.
Three defendants embody the trial's moral complexities: defiant Prime Minister Tojo Hideki who used his testimony to justify the war; the Emperor's advisor Kido Koichi who claimed to restrain militarists yet enabled their actions; and perhaps most poignantly, Foreign Minister Togo Shigenori who actively opposed the war, confronted military leadership, and later pushed for surrender—only to die in prison after conviction.
What truly distinguishes this tribunal from Nuremberg is its contested legacy. While Germany embraced denazification, some Japanese war criminals later returned triumphantly to politics—including Kishi Nobusuke who became Prime Minister in 1957. His grandson, former Prime Minister Abe Shinzo, continued questioning the tribunal's legitimacy decades later. Meanwhile, at the controversial Yasukuni Shrine, war criminals are venerated alongside fallen soldiers, revealing Japan's unresolved relationship with its imperial past.
How do nations reconcile with dark chapters in their past? Can justice truly be served when political considerations shape legal proceedings?