A Reevaluation of the Tokyo Trial Argument

Abstract

The issues of the “ex post facto” law were not beyond the expectation of the prosecution. In the opening statement, Keenan emphasized that the war launched by Japan did harm to the whole humankind, that is to say, Tokyo and Nuremberg trials are the beginning of the history of the human trials. Meanwhile, he quoted “dawn” and “progressive” in International law which justice Benjamin Cardozo talked about in the Supreme Court of the United States. The reason why Keenan talked about this point was mainly to suggest “avoiding destruction” is superior to anything when humans face death. Laws, especially international law, develop with the development of human practice.