the period from 1928 to 1945. The supreme commander formally appointed the justices of the
IMTFE on February 15 and designated Sir William F. Webb, the chief judge of the Supreme
Court of Queensland, Australia, as the president of the tribunal.
On April 29 the IMTFE returned indictments against twenty-eight Class A suspects, who were
arraigned on May 3. The indictments, which were the handiwork of the British prosecutor,
Arthur Comyns-Carr,[14] contained a total of fifty-five counts: thirty-six for crimes against
peace, sixteen for murder of prisoners of war and civilians, and three for conventional war
crimes and crimes against humanity. Several of the counts described a conspiracy by Japanese
leaders to dominate East Asia and, along with Germany and Italy, the world. Chief Prosecutor
Keenan stated later that he had selected the defendants with the help of a committee of
prosecutors.[15] Thirty-one additional Class A suspects were not indicted but continued to be
held in custody, and many of them were held until the trial ended in 1948; the other arrested
Class A suspects were released earlier.
The tribunal did not indict the emperor. This decision, made by vote of the prosecutors "acting
on instructions from their governments," was not unanimous, despite the assertion by the State
Department in. 1949 that all nations represented on the FEC had agreed to exempt the emperor
from trial.[16] MacArthur, who had no doubt been consulted by Keenan before the prosecutors
voted, wrote later in his memoirs that some of the Allies, notably the Soviets and the British, had
pushed to include the emperor as a war criminal suspect.[17] But this was not so. The United
Kingdom had consistently taken the position that the emperor should not be involved in war
crimes, and the Soviet Union did not propose that the emperor be tried. Australia and New
Zealand, which had initially advocated trying the emperor, gradually muted their position.
The twenty-eight suspects indicted on April 29 included fifteen senior army officers, three
admirals, five diplomats, and five senior government figures or influential civilians. Most of the
military officers had had important roles in the war against China or in planning the attack on
Pearl Harbor. Three of the suspects were in the cabinet when Japan attacked the United States.
Shigemitsu Mamoru and Umezu Yoshijiro, who had signed the surrender instrument on the
Missouri , were included as suspects at the request of the Soviet prosecutor, who had arrived in
Tokyo only a few days before the indictments were filed.[18] Not a single industrialist was
indicted; one zaibatsu figure, Ikeda Seihin,
― 80 ―
former managing director of the top Mitsui holding company, was arrested but soon released.
[19]
The IMTFE convened on June 3. The next day it heard Chief Prosecutor Keenan present a
lengthy opening statement of the case against the twenty-eight defendants. The document most
relied on by the prosecution throughout the trial was the diary of Kido Koichi, who had been
privy seal from 1940 to November 14, 1945, when the position was abolished by the cabinet.
Kido kept careful, although brief and sometimes cryptic, records of all meetings held by the
emperor, of the subjects discussed, and of his own talks with the Tenno.[20]
Given the atmosphere after the emperor's meeting with General MacArthur, Kido decided the
diary would not raise new concerns. He and his nephew-in-law, Tsuru Shigeto, an economist
who had studied in the United States, had a long meeting with Keenan, after which Kido agreed
to turn the document over. A member of the prosecution staff called the diary "the working Bible
of the prosecution and the main key to all further investigation."[21] As it turned out, Kido, and
some of the other defendants, would almost surely have been better off if he had not turned over