MAJOR JAPANESE WAR CRIMINALS-
POSITION OF THE EMPEROR

Hirohito was named as one of the 64 persons appearing on the
Australian list of Major Japanese War Criminals drawn up in
October 1945. He appears as seventh (in alphabetical order) on the
list. This list was presented to the United Nations War Crimes
Commission [1] in London on 9th January, 1946, but consideration
of it was deferred for a fortnight.

The list of criminals was prepared by the Australian National
Office of the War Crimes Commission after consultation with
experts in Japanese affairs. The following were the grounds on
which Hirohito was included-
(1) That International Law should not give immunity to sovereigns
or their advisers who abet or connive at breaches of the laws of
war by their soldiers and people.

(2) That the breaches committed by the Japanese were so terrible,
commencing with the China Incident and continuing until February
of last year, and so widespread, that the Emperor and his
Ministers must have learned of them, if not from Japanese sources,
then from neutral and enemy sources through the press or
broadcasts.

(3) That having learned of them they must be taken to have
approved of them or connived at them or abetted them, if they did
not take steps to prevent them.

(4) That in view of the great authority displayed by the Emperor
in bringing about the unconditional surrender of Japan it is clear
that, if he had ordered his forces or people to desist from
atrocities and other violations of the laws of war, he would have
been promptly obeyed.

(5) That it would be a travesty of justice, seriously reflecting
on the United Nations, to punish the common Japanese soldier or
Korean guard while granting immunity to others perhaps even more
guilty than he.

The list was prepared in accordance with recommendations adopted
by the United Nations War Crimes Commission on 29th August 1945.

These recommendations proposed that criminals falling within the
following categories should be listed:-

I. 'Those Japanese responsible for the plans or policies which
resulted in (these) abominable crimes and atrocities ... The case
against these major criminals is that they have devised, set in
motion and carried out the criminal plans and enterprises which
incited or resulted in the aggressions, cruelties and brutalities
which have outraged the civilised world.'
II. 'That those Japanese holding key positions in the civil,
military or economic life of Japan who, perhaps, did not devise or
set in motion plans which resulted in these crimes and
barbarities, but nevertheless directed the carrying out of such
plans within Japan or in the territories of more than one of the
United Nations ... This category of criminals includes those
individuals and officials, usually in key-positions in the
Government, who have willingly planned the details of and put into
execution the monstrous schemes of the Japanese leaders. It also
includes those brutal and ruthless criminals who, both inside and
outside Japan, have been guilty of mass criminality towards the
nationals of many of the United Nations. Among such persons were
those in charge of certain Prisoner-of-War and civilian internment
camps where the people of many nations have been starved,
tortured, murdered or otherwise atrociously maltreated.'