Senaka Weeraratna

Justice Radhabinod Pal (1886–1967), the only judge at the Tokyo War Crimes Tribunal (1946–1948) to find all Japanese defendants not guilty, remains a towering figure in international law for his critique of “Victor’s Justice”. 

The call for his posthumous felicitation in Sri Lanka centers on his rejection of retroactive laws and his stance that conquerors should not pass judgment on the conquered. This sentiment aligns historically with Sri Lanka’s own diplomatic legacy, most notably the 1951 San Francisco Peace Conference speech by J.R. Jayewardene, who invoked the Buddha’s words—”Hatred ceases not by hatred, but by love”—to advocate for an independent Japan. 

Key Dimensions of the Felicitation Call

• Redoubtable Judgment: Pal’s 1,235-page dissenting opinion argued that the charges of “crimes against peace” were ex post facto (retroactive) and therefore legally invalid.
• Regional Legal Solidarity: The initiative seeks the “blessings” of the legal fraternities in India and Japan, where Pal is already highly honored. In Japan, memorials are dedicated to him at the Yasukuni Shrine and Kyoto Ryozen Gokoku Shrine.
• Sri Lankan Context: Recent legal discourse in Sri Lanka has called for greater attention to Pal’s dissent in law schools to foster a more inclusive, South Asian perspective on international criminal law. 
• This proposed Felicitation can take the form of a Symposium on the Tokyo Trials initiated by Asian countries which were deliberately marginalized from the Tribunal Bench despite the war with Japan being conducted on Asian territory.

Symbolic Venues for Recognition and the Symposium

If you are looking to visit or organize events at sites related to this shared history, several locations in Colombo reflect the deep Japan-Sri Lanka-India connection:

• Sri Lanka Foundation Institute (SLFI)
  • Location: Independence Square, Colombo 07
  • Justification: A common venue for international conclaves and legal workshops.
• Embassy of Japan in Sri Lanka
  • Location: Colombo 07
  • Justification: A focal point for Japan-Sri Lanka friendship and commemorative events.
• Bar Association of Sri Lanka (BASL)
  • Location: 153, Mihindu Mawatha, Colombo 12
  • Justification: The primary body representing the Sri Lankan legal fraternity.
• The High Commission of India
  • Location: 36-38, Galle Road, Colombo 03
  • Justification: Key diplomatic mission representing Justice Pal’s home country. 

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• The call to posthumously felicitate Indian jurist Justice Radhabinod Pal in Sri Lanka seeks to honor his courageous and historic dissenting views.  
• This proposal emphasizes recognizing his legal contribution to the understanding of victor’s justice in post-colonial Asia, with the goal of engaging legal professionals from Sri Lanka, India and Japan in the initial phase of the review of the Tokyo Trial process. 

Key Aspects of the Commemoration Proposal:

• Recognition of the Judgment: 
• Justice Pal argued that the Tokyo trials were a tool for “satisfied revenge” rather than genuine law, highlighting that the Allied powers lacked legal authority to pass judgment on the vanquished. His dissenting opinion emphasized that international laws, particularly the concept of “crimes against peace,” were applied retrospectively.
•  Significance in Asia-Pacific: 
• His dissent, which argued that the Western colonial powers, rather than just Japan, should be held accountable for imperialism, resonates strongly with anti-colonial perspectives and post-colonial contexts such as Sri Lanka.
• Legacy in Japan: Justice Pal is immensely revered in Japan, often seen as a champion who “defied the world.” 
•  Monuments to him stand at the Yasukuni Shrine and Kyoto Ryozen Gokoku Shrine. In 1966, he was awarded Japan’s highest civilian honor, the Order of the Sacred Treasure.
•  Call for Commemoration in Sri Lanka: 
• A recent move in Sri Lanka (April 2026) aims to increase attention on Pal’s stand-alone judgment as an act of courageous, non-biased legal principle, linking his legacy to the broader Asian effort to resist victor-imposed narratives in international tribunals.
• https://www.lankaweb.com/news/items/2026/04/16/the-tokyo-war-crimes-trial-1946-1948-and-the-heroic-stand-alone-dissenting-judgment-of-indian-justice-radhabinod-pal-deserves-greater-attention-in-sri-lanka-law-schools/
  • Indian Legal Perspective: While relatively unknown to the general public in India compared to his fame in Japan, Justice Pal was a prominent figure who served on the UN International Law Commission. 
  • A move to recognize his contribution through the legal fraternity would align with acknowledging India’s historical role in international law during the post-WWII era

This initiative seeks to recognize his dedication to “Even Justice,” which argues that justice cannot be truly impartial if it is only enforced by the victors. 

 Source:  AI Overview