Tokyo Trials Analysis

Verification of Chomsky's Tokyo Trials claims against available archives

Reading time: ~8 minutes

Tokyo Trials Analysis: Chomsky’s Claims Verification

Date: November 21, 2025
Status: Analysis In Progress
Source Archives: Tokyo Trial Database (tokyotrial.cn), University of Wisconsin-Madison Libraries, JACAR, Hoover Institution

Executive Summary

This analysis extends the verification of Chomsky’s essay “If the Nuremberg Laws were Applied…” to include Tokyo Trials claims. While the Harvard Law School Library’s Nuremberg Trials Project collection focuses exclusively on Nuremberg Trials, Tokyo Trials materials are available in other online archives.

Key Finding: We have successfully located Pal’s profile and references to his dissenting judgment in the Tokyo Trial Database, confirming that Pal was indeed the only judge who found all defendants not guilty.

Scope

This analysis covers 9 Tokyo Trials claims from Chomsky’s essay:

  1. General Yamashita Case (1 claim)
  2. Justice Pal Dissent (5 claims)
  3. Tokyo Tribunal Assessment (3 claims)

Archives Explored

1. Tokyo Trial Database (tokyotrial.cn)

  • Status: ✅ Accessible
  • Findings:
    • Pal’s profile page with biographical information
    • 4 books/research materials about Pal’s dissent
    • 16 trial transcripts from 1946
    • Reference to Pal’s dissenting judgment book

2. University of Wisconsin-Madison Libraries

  • Status: ⚠️ Subscription required
  • Note: Full-text documents including transcripts and exhibits

3. Japan Center for Asian Historical Records (JACAR)

  • Status: ✅ Explored - Publicly accessible
  • URL: https://www.jacar.go.jp/english/
  • Findings:
    • Searchable database available
    • No direct results for “Tokyo Trials Pal dissent” in English
    • Database suggests related Japanese terms: “極東国際軍事裁判” (Tokyo Trials), “東京裁判” (Tokyo Trial), “インド代表判事” (Indian representative judge)
    • May require Japanese language search terms for better results
  • Note: Complete digital transcripts of court proceedings from National Archives of Japan, Diplomatic Archives, and National Institute for Defense Studies

4. Hoover Institution Library & Archives

  • Status: ⚠️ Requires appointment
  • URL: https://oac.cdlib.org/findaid/ark:/13030/kt6b69q2rf
  • Note: Stanford University’s IMTFE records - materials must be requested in advance

5. Additional Sources Found

  • Status: ⚠️ Needs verification
  • Note: Reported to have free online access to Tokyo Trial transcripts, but actual database location needs confirmation

National Archives of Japan Digital Archive

  • Status: ✅ Publicly accessible
  • URL: https://www.archives.go.jp/english/
  • Note: Can search and view images online, copies available for fee

Marquette University Law Library

  • Status: ⚠️ By appointment
  • Note: 152-volume collection of Tokyo War Crimes Trials proceedings

US National Archives (NARA)

  • Status: ⚠️ Physical access or copy requests
  • Note: Houses textual records including minutes and transcripts from Tokyo Trials

Verification Results

✅ Partially Verified: Pal’s Identity and Role (pal_001)

Claim: “Radhabinod Pal was the one authentic, independent Asian justice at the Tokyo tribunal, and also the one person in the court who had any background in international law”

Status: ✅ Partially Verified (50% confidence)

Evidence Found:

  • Pal’s profile page confirms he was an Indian judge at the Tokyo Tribunal
  • Profile states: “在十一名法官中，他是唯一主张全体被告人无罪的法官” (Among the eleven judges, he was the only one who found all defendants not guilty)
  • Profile confirms Pal’s background: “1937年加入国际法协会” (Joined International Law Association in 1937), “被选为主席团团员，并担任法律哲学组的总报告人” (Selected as member of presidium and served as general rapporteur of legal philosophy group)

Sources:

  • Tokyo Trial Database: Pal Profile Page (http://tokyotrial.cn/Person/Index/7cf1a279c0964d1cad5f160f69768cf8)

Notes:

  • Confirmed: Pal was the only judge who found all defendants not guilty
  • Confirmed: Pal had international law background (International Law Association member)
  • Need to verify: Whether Pal was the “one person in the court” with international law background (requires checking other judges’ backgrounds)

🔍 Requires Full Document Access: Pal’s Dissent Claims (pal_002, pal_004, pal_005)

Claims:

  • Pal wrote a 700-page dissent
  • Pal compared atom bombs to Nazi crimes
  • Pal said atom bomb crimes cannot be attributed to the accused

Status: 🔍 Requires Full Document Access

Evidence Found:

  • Found reference to book: “远东国际军事法庭: 法官帕尔的异议判决书” (IMTFE: Judge Pal’s Dissenting Judgment)
  • URL: http://tokyotrial.cn/Book/index/ca13b4bfa05b4525bce7d081d68e82a4
  • Found 3 additional books about Pal’s dissent and views

Sources:

  • Tokyo Trial Database: Pal’s Dissenting Judgment Book
  • Tokyo Trial Database: Books about Pal’s views

Notes:

  • Full text of Pal’s dissent document needed to verify:
    • Length (700 pages claim)
    • Atom bomb comparison claim
    • Statement about attribution to accused
  • May require subscription access or Harvard Law Library physical access (as Chomsky mentioned)

🔍 Not Found: Yamashita Case (yamashita_001)

Claim: “General Yamashita was hanged on the grounds that troops in the Philippines, which were technically under his command (though it was so late in the war that he had no contact with them), had carried out atrocities”

Status: 🔍 Not Found in Tokyo Trials Archives

Reason:

  • Important: Yamashita was tried separately by a US military commission in the Philippines, NOT at the Tokyo Trials
  • The Tokyo Trial Database contains only International Military Tribunal for the Far East (IMTFE) documents
  • Yamashita’s trial was a separate proceeding

Next Steps:

  • Search for Yamashita trial records in separate archives
  • Verify command responsibility doctrine application
  • Verify claim about lack of contact with troops

🔍 Not Found: Tokyo Tribunal Assessment Claims (tokyo_001, tokyo_002, tokyo_003)

Claims:

  • Tokyo tribunal was “farcical”
  • US didn’t care about 1930s Japanese atrocities
  • US attitude toward Nanking massacre

Status: 🔍 Not Found in Available Documents

Reason:

  • Limited transcript access (only early 1946 transcripts found)
  • Full transcript search may require subscription access
  • These claims may require analysis across multiple documents

Next Steps:

  • Access full trial transcripts (subscription required)
  • Search for discussions of US priorities and attitudes
  • Cross-reference with historical sources

Key Documents Found

  1. Pal’s Profile Page
    • URL: http://tokyotrial.cn/Person/Index/7cf1a279c0964d1cad5f160f69768cf8
    • Confirms: Pal was only judge who found all defendants not guilty
    • Confirms: Pal’s international law background
  2. Pal’s Dissenting Judgment Book
    • Title: “远东国际军事法庭: 法官帕尔的异议判决书” (IMTFE: Judge Pal’s Dissenting Judgment)
    • URL: http://tokyotrial.cn/Book/index/ca13b4bfa05b4525bce7d081d68e82a4
    • KEY FINDING: This appears to be the document containing Pal’s dissent
  3. Additional Pal-Related Books:
    • “帕尔博士的日本无罪论” (Pal’s Theory of Japanese Innocence)
    • “帕尔法官——东京审判批判和绝对和平主义” (Judge Pal - Tokyo Trial Criticism and Absolute Pacifism)
    • “帕尔——印度·民族主义和东京审判” (Pal - Indian Nationalism and Tokyo Trials)

Trial Transcripts

  • Found 16 trial transcripts from 1946 (early days of the trial)
  • Transcripts include proceedings from April-May 1946
  • Full transcripts may require subscription access for complete content

Limitations and Next Steps

Current Limitations

  1. Access Restrictions:
    • Some archives require subscriptions (University of Wisconsin)
    • Full document content may require institutional access
    • Pal’s dissent full text may require Harvard Law Library physical access
  2. Yamashita Separate Trial:
    • Yamashita was not tried at Tokyo Trials
    • Requires search of separate military commission records
    • May be in US National Archives or military archives
  3. Language Barriers:
    • Some documents are in Chinese/Japanese
    • May require translation for full analysis

Next Steps

  1. Access Full Documents:
    • Obtain subscription access to Tokyo Trial Database
    • Access University of Wisconsin database
    • Locate Pal’s dissent document (Harvard Law Library or online)
  2. Verify Specific Claims:
    • Verify Pal’s dissent is 700 pages
    • Verify Pal’s atom bomb comparison
    • Verify Pal’s statement about attribution
    • Search Yamashita trial records separately
  3. Expand Search:
    • Search JACAR for additional transcripts
    • Search Hoover Institution archives
    • Search US National Archives for Yamashita records
  4. Update Reports:
    • Create detailed verification reports once full documents accessed
    • Update website with complete findings

Additional Sources Explored

JACAR Search Results

  • Search Terms: “Tokyo Trials Pal dissent”
  • Results: No direct matches found
  • Related Terms Suggested:
    • “極東国際軍事裁判” (International Military Tribunal for the Far East)
    • “東京裁判” (Tokyo Trial)
    • “インド代表判事” (Indian representative judge)
  • Recommendation: Try searching with Japanese terms or search for “極東国際軍事裁判” directly

Additional Publicly Accessible Archives

  1. National Archives of Japan Digital Archive - Publicly accessible, searchable online
  2. JACAR - Publicly accessible, searchable database (may work better with Japanese terms)
  3. US National Archives (NARA) - Physical access or copy requests required

Conclusion

We have successfully:

  • ✅ Located Pal’s profile confirming key facts about his role
  • ✅ Found references to Pal’s dissenting judgment document
  • ✅ Created analysis framework for Tokyo Trials verification
  • ✅ Identified key documents for further investigation
  • ✅ Explored JACAR database (publicly accessible)
  • ✅ Documented additional publicly available

Status: Analysis framework complete. Partial verification achieved with publicly available resources. Full verification of specific claims (700-page dissent, atom bomb comparison) requires:

  • Access to full text of Pal’s dissent document (may require subscription or library access)
  • Search of JACAR using Japanese terms
  • Access to subscription databases or physical archives

Recommendation:

  1. Try searching JACAR with Japanese terms: “極東国際軍事裁判” and “パル” (Pal)
  2. Access National Archives of Japan Digital Archive for additional materials
  3. Consider subscription access to Tokyo Trial Database or University of Wisconsin database for full document content
  4. Search for Yamashita trial records separately (US National Archives or military archives)

Author: Alex J Lennon [email protected]
With assistance from: Cursor Composer 1
Analysis Date: November 21, 2025
Sources Explored:

  • Tokyo Trial Database (tokyotrial.cn)
  • JACAR (Japan Center for Asian Historical Records)
  • University of Wisconsin-Madison Libraries (subscription required)
  • National Archives of Japan Digital Archive
  • Additional sources documented

Additional Resources Documented: See TOKYO_TRIALS_ADDITIONAL_SOURCES.md for complete list of available archives and access requirements.