Senaka Weeraratna (Concept)

Clear Japan’s name from the records of the Tokyo Trials (1946 – 1948) of committing war crimes – A moral challenge for Sri Lanka to expose the hypocrisy and double standards of International Criminal Law as a follow up to J.R.Jayewardene’s breathtaking plea for love and compassion to be shown to Japan at San Francisco (1951)

AI Response

The call to clear Japan’s name from the records of the Tokyo Trials (1946–1948) is a perspective argued by some, notably spearheaded by Sri Lankan voices like attorney Senaka Weeraratna, who framed the Tokyo Trial as a “victor’s justice” and “Kangaroo Court”. This movement suggests that the Tokyo Trial, or the International Military Tribunal for the Far East (IMTFE), was fundamentally flawed, functioning as a weapon of the allied powers rather than an impartial instrument of justice. 

This argument often builds upon the historic plea made by J.R. Jayewardene at the 1951 San Francisco Peace Conference, which laid the foundation for post-war reconciliation and challenged the continued demonization of Japan. 

The Critique of the Tokyo Trials (1946 – 1948)

• “Victors’ Justice”: Critics argue the tribunal was a product of the United States, which supplied the funds, staff, and chief prosecutor, leading to a biased, one-sided prosecution.
• Dissident Judgment of Justice Pal: Indian Justice Radhabinod Pal, a member of the tribunal, provided a strong dissenting opinion, arguing that the entire prosecution case was weak regarding the charge of “conspiracy to commit an act of aggressive war,” and he felt the tribunal lacked legitimacy.
• Exoneration of Key Perpetrators: Emperor Hirohito and members of the imperial family were spared prosecution for political convenience. Furthermore, Shiro Ishii, commander of Unit 731, received immunity in exchange for data on horrific human medical experimentation.
• No Asian Judge at Start: Despite being held in Asia regarding Asian nations, the tribunal initially included only one Asian judge, with the power structure being starkly imbalanced resting with Western victors. It led to arguments that it criminalized the struggle against Western dominance in Asia while upholding the territorial claims of European empires.

J.R. Jayewardene’s 1951 Plea: A Moral Stand
At the 1951 San Francisco Peace Conference, Ceylon (now Sri Lanka) Finance Minister J.R. Jayewardene delivered a breathtaking speech that shifted global perception of Japan. 

• “Hatred Ceases Not by Hatred”: Quoting the Buddha’s teachings, Jayewardene argued for the rehabilitation of Japan, not its continued punishment, renouncing war reparations to ensure a free and independent Japan.
• Impact: His speech is credited with swaying the opinion of several countries demanding strict sanctions against Japan and helping Japan reintegrate into the international community. 

Hypocrisy and Double Standards of International Criminal Law
Critics arguing for the clearing of Japan’s name point to the double standards inherent in the postwar legal structure:

• Immunity for Allied Crimes: Atrocities committed by Allied forces were generally ignored, creating a “victor’s justice” scenario.
• Retroactive Charges: The charge of “crimes against peace” was largely retroactively applied, as there was no clear consensus on the legality of war as an “instrument of national policy” before the conflict.
• Contextualizing War Crimes: Proponents of this view argue that Japan’s actions, while brutal, occurred within a context of attempting to liberate Asia from Western colonial domination. 
• No Asian country can afford to ignore the blood sacrifices made by Japanese soldiers for the liberation of Asia during WW2. In 1939 the whole of Asia bar Japan and Siam (now Thailand) was under occupation by western colonial countries. Within 20 years of the end of WW2 the majority of Asian countries had gained independence.  
• ” The impact of Asia’s liberation, which Japan had won at such a high price, was soon felt on the African continent as well. The peoples of Africa, who had been oppressed by Western powers, achieved their independence, one after another. Japan played a monumental role in human history. Today’s world of racial equality was forged through battles fought by Japan”.  Hideaki Kase 
• Former Tokyo Governor Shintaro Ishihara made the following observation in 1995 ” Many Westerners act as if Human Rights are their moral ace in the hole, until their abysmal record in Asia is cited, and their position collapses like a pack of cards”. 
• Heramba Lal Gupta, one of the leaders of the Indian Independence Movement, gave the following speech in 1946: ” I think that the International Military Tribunal for the Far East will surely be re-evaluated by the nations of Asia by the time we enter the twenty-first century, and then, a second Tokyo Trial will be held where Asia and all the world will regain its good sense and will judge all deeds in a fair, equal, and truthful manner. At that time, all the war heroes of the United States and of the great powers of Europe, who have been committing acts of aggression against Asia for many years, will receive stern punishments. Conversely, the Japanese who were accused of serious crimes by the IMTFE, especially the seven killed as Class A war criminals, will be rehabilitated, and the day may come when they shall be worshipped like gods as the saviors of Asia. That is what should rightfully happen.”
•    In every aspect of the Tokyo Trials, there was unfairness and perversion of justice to achieve both political and unlawful objectives. Basically, the trials were one-sided and lacked even the trappings of Justice. 
• A survey of Courts set up by colonial authorities all over the world in European colonies to try freedom fighters, whether they be black, brown, yellow, or even white, shows a remarkable consistency in the manipulation of justice to serve the political ends of colonial rulers.  
• Enlightened leaders of Asia drawn from various professional and academic backgrounds must convene a Tribunal of Judges (like the Kuala Lumpur War Crimes Tribunal which works like a court of conscience rather than as a UN-Backed body that has powers to enforce its determinations) to re-examine the verdicts of these so-called ‘Tokyo Trials’ and set aside the flawed judgments as unacceptable as they constitute a travesty of justice.

‘Asia for Asians’ is not a slogan of the past. It has power and relevance in this ‘ Asian Century ‘. It is Asia’s turn to ensure Justice for its fellow Asians. There is no greater feat of Justice in Asia than to have a Re – Trial for the wrongfully convicted Japanese leaders by the International Military Tribunal for the Far East. Even the dead are entitled to be exonerated from false charges and wrongful convictions.

• The Challenge for Sri Lanka – Sri Lanka must take up the leadership in this high stakes moral endeavour to restore confidence in ‘ Even Justice ‘ rather than in the hollow ‘ Victor’s Justice’ exercise.  As a follow-up to Jayewardene’s 1951 stance, Sri Lanka has a unique moral authority to lead a campaign to re-evaluate the historical records of the Tokyo Trials, arguing that true justice requires recognizing the flaws in the Victors’ Justice of 1946-1948, just as J.R. Jayewardene recognized the need to move beyond hatred in 1951.

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Source: AI Overview

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