Tokyo Charter

The International Military Tribunal for the Far East Charter (IMTFE Charter), also known as the Tokyo Charter, was the decree issued by General Douglas MacArthur, Supreme Commander for the Allied Powers in Allied-occupied Japan, on 19 January 1946 that set down the laws and procedures by which the Tokyo Trials were to be conducted. The charter was issued months following the surrender of Japan on September 2, 1945, which brought World War II to an end.

Modeled after the Nuremberg Charter, the Tokyo Charter stipulated that crimes of the Japanese could be tried. Three categories of crimes were defined: crimes against peace, war crimes, and crimes against humanity. Article 6 of the Tokyo Charter also stated that holding an official position or acting pursuant to order of his government or of a superior was no defense to war crimes, but that such circumstances may be considered in mitigation of punishment if the Tribunal determines that justice so requires.

Like the Nuremberg Trials, the criminal procedure used by the Tokyo Trials was closer to civil law than to common law, with a trial before a panel of judges rather than a jury trial and with wide allowance for hearsay evidence. Defendants who were found guilty could appeal the verdict to the Allied Council for Japan. In addition, they would be permitted to present evidence in their defense and to cross-examine witnesses.

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