Annex 6
Appendix A

Summarized Particulars showing the principal Matters and Events upon which the Prosecution will rely in support of the several Counts of the Indictment in Group One.

Section 1
Military Aggression in Manchuria

From January 1st, 1928, onwards there was a plot in the Japanese Army, and particularly in the Kwantung Army, supported by certain civilians, to create an incident in Manchuria, which should form a pretext for Japan to conquer, occupy and exploit that Country as the first step in a scheme of domination which later extended to other parts of China to the territory of the Union of Soviet Socialist Republics, and ultimately to a wider field, aiming to make Japan a dominant power in the World.

The major events in the execution of it were:

About 18th September, 1931: Following a long period of infiltration and consequent friction, Japanese troops blew up a portion of the South Manchurian Railway, falsely accused Chinese troops of doing so, attacked them, and thereafter progressively and rapidly carried out a Military occupation of the Chinese provinces of Liaoning, Kirin, Heilungkian and Jehol (the north-eastern provinces.)

About 3rd January , 1932: Japanese forces occupied Chihchow in spite of assurance given by their Foreign Office to the United States on 24th November, 1931, that they would not do so.

Beginning about 18th January, 1932, Japanese naval, and later military forces, attacked the Chinese in Shanghai.

About 28th to 29th January 1932: Japanese bombed Chapei at 12:15 a.m.

About 1st February, 1932: Japanese warships shelled Nanking.

During 1932, Japan set up a separate puppet Government in the said Provinces and on 15th September, 1932, officially recognized it.

The Japanese Government which came into power on 13th December, 1931, and all subsequent Japanese Governments adopted, supported and continued this aggression and its gradual extension over other parts of China.

Japan delivered no declaration of War against China, made no effort to settle the alleged dispute by pacific means, or by mediation or arbitration, rejected on 5th February, 1932, an offer of mediation by the United States, Great Britain and France, refused to adopt the report and recommendations of the Lytton Commission appointed by the League of nations of which Japan and China were members, or the resolutions of the League, and on 27th March, 1933, resigned from the League.

On 18th April, 1934, Japan announced her absolute opposition to any foreign interference in China other than her own.

On 1st March, 1934, Japan caused Henry Pu Yi to be installed as the nominal ruler of the so-called State of Manchukuo. Nevertheless large Japanese

armies continued down to the 2nd September, 1945, to be maintained in these territories, using them as a base for further aggression, and to control, together with Japanese civilian officials, the whole Government, industry and finance thereof.

Section 2
Military Aggression in the Rest of China

Japanese aggression against China entered a new phase on July 7th, 1937, when her army invaded China south of the Great Wall, and her government adopted, supported and continued the aggression. All subsequent Japanese Governments did the same.

Subsequent major events in this phase were:

About 19th to 25th September, 1937, Japanese forces bombed Nanking and Canton, and deliberately killed large numbers of civilians.

About 13th December, 1937, Japanese forces captured Nanking, slaughtered many thousands of civilians and committed other outrages.

During 1940, Japan set up a separate puppet Government in those parts of China (other than the four north-eastern provinces above-mentioned) which she then occupied, claiming to be the "National Government of the Republic of China", and about 30th November, 1940, officially recognized it.

Again Japan delivered no declaration of war on China, made no attempt to settle the alleged dispute by pacific means, or by mediation or arbitration, refused on 25th September, 1937, to participate in the Far Eastern Advisory Committee of the League of

Nations, refused on 27th October and again on 12th November, 1937, to attend the Conference held at Brussels of the other signatories to the None-Power Treaty of 6th February, 1922, or to discuss its application, refused on 22nd September, 1938, to sit with the League of Nations to mediate her dispute with China, and on 4th November, 1938, declared that the said None-Power Treaty was obsolete.

Japan continued her military aggression in China by capturing, among other cities, Han kow on the 27th October, 1938; Changsha on the 18th June, 1944; Hengyang on the 8th August, Kweilin on the 10th November and Liuchow on the 11th November of the same year; and deliberately killed large numbers of civilians and committed other outrages in each of the cities afore-mentioned.

Section 3
Economic Aggression in China and Greater East Asia

During the period covered by this Indictment, Japan established a general superiority of rights in favour of her own nationals, which effectively created monopolies in commercial, industrial and financial enterprises, first in Manchuria and later in other parts of China which came under her domination, and exploited those regions not only for the enrichment of Japan and those of her nationals participating in those enterprises, but as part of a scheme to weaken the resistance of China, to exclude other Nations and nationals, and to provide funds and munitions for further aggression.

This plan, as was the intention of some at least of its originators, both on its economic and military side, gradually came to embrace similar designs on the remainder of East Asia and Oceania.

Later it was officially expanded into the "Greater East Asia Co-Prosperity Scheme: (a title designed to cover up a scheme for complete Japanese domination of those areas) and Japan declared that this was the ultimate purpose of the military campaign.

The same organizations as are mentioned in Section 4 hereof were used for the above purposes.

Section 4
Methods of Corruption and Coercion in China and Other Occupied Territories

During the whole period covered by this Indictment, successive Japanese Governments, through their military and naval commanders and civilian agents in China and other territories which they had occupied or designed to occupy, pursued a systematic policy of weakening the native inhabitants will to resist by atrocities and cruelties, by force and threats of force, by bribery and corruption, by intrigue amongst local politicians and generals, by directly and indirectly encouraging increased production and importation of opium and other narcotics and by promoting the sale and consumption of such drugs among such people. The Japanese Government secretly provided large sums of money, which, together with profits from the government-sponsored traffic

in opium and other narcotics and other trading activities in such areas, were used by agents of the Japanese government for all the above-mentioned purposes. At the same time, the Japanese Government was actively participating in the proceedings of the League of Nations Committee on Traffic in Opium and other Dangerous Drugs and, despite her secret activities above-mentioned, professed to the world to be co-operating fully with other member nations in the enforcement of treaties governing traffic in opium and other narcotics to which she was a party.

This participation in and sponsorship of illicit traffic in narcotics was effected through a number of Japanese governmental organizations such as the manchurian Affairs Board, the China Affairs Board and the Southern Region Affairs Board, which were combined in 1942 to form the Greater East Asia Ministry, and numerous subsidiary organizations and trading companies in the various occupied and so-called independent (puppet) countries which were operated or supervised by senior officers or civilian appointees of the Army and the Navy.

Further, revenue from the above-mentioned traffic in opium and other narcotics was used to finance the preparation for and waging of the wars of aggression set forth in this Indictment and to establish and finance the puppet governments set up by the Japanese Government in the various occupied territories.

Section 5
General Preparation for War

With a view to future wars of aggression, and in order to prevent other nations form interferences in her war of aggression already in progress against China, Japan from 1st January 1932, onwards strengthened her naval, military, productive and financial preparations for war. In particular, but without limiting the above allegations:

1. NAVAL:
   About 29th December, 1934, she denounced the Washington Naval Treaty after an unsuccessful attempt to persuade the other Signatories to agree to a common upper limit of global naval tonnage for her own obvious advantage.

   About 23rd June, 1936, she refused to adhere to the London Naval Treaty.

   On or about 12th February, 1938, she refused to reveal her naval building plans on request by the United States, Britain and France.

   At all times she secretly increased her naval strength.

   At all times and especially throughout 1941, she made secret naval plans for the surprise attacks which ultimately took place on December 7th-8th, 1941, on Pearl Harbour, Singapore, Hong Kong, Malaya and Shanghai, and for similar attacks on other places in the Pacific and Indian Oceans and

and on the territory of the Union of Soviet Socialist Republics.
2. MILITARY:
   Japan continually and progressively increased the size of her army not only as required for her war of aggression against China, but to a larger extent for the purpose of other wars of aggression. On the 6th April, 1939, she passed a general Mobilization Law and thereafter put it into effect.

3. NAVAL and MILITARY:
   Japan continually and progressively fortified the islands for which she held a mandate from the League of Nations.

   Treaty Articles violated: 15, 17, 13, 31.

4. PRODUCTIVE:
   Japan continually and progressively increased her capacity for the production of munitions of war both on her own territory and in territories occupied or controlled by her, to an extent greater than was required for her war of aggression against China, for the purpose of other wars of aggression.

5. FINANCIAL:
   The finance for all the above-mentioned purposes was provided partly through the Budget by taxation, partly by loans, and partly from the profits of the exploitations

as described in Section 3 hereof, and particularly of the sale of narcotics as described in Section 4 hereof.

Section 6
The Organization of Japanese Politics and Public Opinion for War

Two provisions incorporated by ordinance or custom in the Japanese constitution gave to the militarists the opportunity of gaining control over the Governments which they seized during the period covered by this Indictment.

The first was that, not only had the Chiefs of Staff and other leaders of the Army and Navy direct access at all times to the Emperor, but they had the right to appoint and withdraw the War and Navy Ministers in any Government. Either of them could thus prevent a Government from being formed, or bring about its fall after it was formed. In May, 1936, this power was further increased by a regulation that the Army and Navy Ministers must be senior Officers of the active list. E.G., the fall of the Yonai Government on 21st July, 1940, and of the Third Konoye Government on the 16th October, 1941, were in fact brought about by the Army; in each case they were succeeded by Government more subservient to the wishes of the Army.

The second was that, although the Diet had the right to reject a Budget, this did not give them control, because in that case the Budget of the preceding year remained in force.

During the period such free Parliamentary institutions as previously existed were gradually stamped out and a system similar to the Fascist or Nazi model introduced. This took definite shape with the formation on 12th October, 1940, of the Imperial Rule Assistance Association, and later of the imperial Rule Assistance Political Society.

During this period a vigorous campaign of incitement to expansion was carried on, in the earlier part of the period by individual writers and speakers but gradually this came to be organized by Government agencies, which also stamped out free speech and writing by opponents of this policy. A large number of Societies, some secret, was also formed both in the Army and Navy and among civilians, with similar objects. opposition to this policy was also crushed by assassinations of leading politicians who were not considered sufficiently friendly to it, and by fear and threats of such assassinations. The civil and especially the military police were also used to suppress opposition to the war policy.

The educational systems, civil, military and naval, were used to inculcate a spirit of totalitarianism, aggression, desire for war, cruelty and hatred of potential enemies.

Section 7
Collaboration Between Japan, Germany and Italy.
Aggression Against French Indo-China and Thailand

Successive Japanese Governments from early in 1936 onwards, cultivated close relations with the

totalitarian powers in Europe, Germany and Italy, which harboured similar designs in relation to the rest of the world to those of Japan in relation to East Asia and the Indian and Pacific Oceans.

On November 25th, 1936, they singed the Anti-Comintern Pact with a secret Protocol and a secret Military Treaty, directed ostensibly against the Union of Soviet Socialist Republics and Communism, but actually designed also as a prelude to joint aggressive action in general.

Various countries under the domination of Axis Powers, including the puppet governments of "Manchukuo" and the Nanking Regime in China, were admitted to the Anti-Comintern Pact.

Between the 1st January, 1938 and the 23rd August, 1939, extensive negotiations were conducted between Japan, Germany and Italy, for the establishment of an economic, political and military alliance.

On 26th August, 1939, Japan through her ambassador in Washington, assured the United States of America that she had decided to abandon any further negotiations with Germany and Italy relative to closer relations under the Anti-Comintern Pact.

Negotiations between Japan and Germany for the establishment of an economic, political and military alliance were resumed in July, 1940.

Between 13th August and 22nd September, 1940, after the armistice in June, 1940, between Germany and the authority later to be known as the Vichy Government of France, subservient to Germany, and after the occupation by Germany of a large part of

France, Japan induced and coerced the general government of French Indo-China to enter into agreements with her for military and economic concessions in that country, and especially the northern part thereof. On 22nd September, 1940, notwithstanding agreements signed on the same day, Japanese troops attacked French Indo-Chinese units and were met with strong resistance.

On 27th September, 1940, Japan signed the Tri-Partite Pact with Germany and Italy.

In the early part of 1941, Japan, taking advantage of a boundary dispute raised by Thailand against French Indo-China, purported to act as mediator or arbitrator therein, but actually brought about a settlement unduly favourable to Thailand with a view to obtaining her aid in or submission to future aggression, and at the same time made further demands for military and economic concessions in French indo-China. The said settlements were finally concluded on 6th-9th May, 1941.

Commencing in the latter part of February, 1941, Japan and Germany conducted negotiations on the subject of Joint Military Action against Singapore and the territory of other Nations.

On 1st July, 1941, Germany, Italy and all Governments subservient to them in other European countries, at the request of Japan, recognized the so-called "National Government of the Republic of China".

On the 12th July, 1940, a Friendship Treaty was signed between Japan and Thailand.

From May to July, 1941, Japan further induced and coerced the general Government of French Indo-China to allow Japanese troops to land, establish naval and air bases, and generally obtain control over Southern French Indo-China. The main purpose of this occasion was to provide bases for aggression directly against the British Commonwealth of Nations and the Dutch East Indies, and indirectly against the United States of America. The said agreements were finally concluded on July 21st and 29th, 1941, on which date Japanese forces landed at Saigon, established naval and air bases and generally took control of French Indo-China.

Throughout the above-mentioned dealings with French Indo-China, Japan used the help of Germany and Italy, by coercion upon the Vichy Government, as well as direct threats of illegal force, to attain her ends.

By way of reaction to this aggression and threat of further aggression, the United States of America on July 25th, and Great Britain on July 26th, froze the assets of Japan and China under their control, and applied other economic pressure against Japan.

On 25th November, 1941, Japan renewed the Anti-Comintern Pact, with secret clauses.

On or about the 1st December, 1941, Japan invoking the Tri-Partite Pact, requested Germany and italy to declare War on the United States after the beginning of hostilities, and that a "No separate Peace Treaty" be entered into.

On 5th December, 1941, Japan assured the United

States of America that troop movements in French Indo-China were precautionary measures.

On December 7th-8th, 1941, Japan made surprise attacks on territories of the United Stats of America, the British Commonwealth of Nations, and Thailand, using in the two latter cases French Indo-China bases.

On the 11th December, 1941, Japan, Germany and Italy signed a "No Separate Peace Pact".

On 18th January, 1942, a Military COnvention between Japan, Germany and Italy was signed in Berlin.

From 1936 to 1945 close military, naval economic and diplomatic co-operation and exchange of information were maintained between the above three countries. At the request of Germany, Japan from the beginning of the war on December 7th-8th, 1941, adopted the German policy of ruthless submarine warfare and the destruction of crews of ships sunk or captured.

By the threatening attitude which Japan maintained from 1939 to 1941 against the United States of America, the British Commonwealth of Nations, the Kingdom of the Netherlands and the Republic of France, and from 1939 to 1945 against the Union of Soviet Socialist Republics, and by her increasing concentration of troops in regions convenient for attacks upon them, she directly assisted Germany and Italy in their wars against those nations, even while she remained nominally neutral.

Section 8
Aggression Against the Soviet Union

In the course of many years, Japan was continually preparing war and performing acts of aggression against the Soviet Union.

Having failed in her attempts to capture the Soviet Far East in the period between 1918-1922, Japan did not abandon the idea of capturing the Soviet areas situated east of the Lake Beykal.

Since 1928 the Japanese General Staff had been planning a war of aggression against the Union of Soviet Socialist Republics eager to take advantage of a chance to start this war.

An important step in the preparation of a war of aggression against the Union of Soviet Socialist Republics was the occupation of Manchuria in 1931, which as well as Korea was transformed into a military base for attacking the Union of Soviet Socialist Republics in a number of years. Railroads and highways were constructed in Manchuria after 1931 of strategic importance and ran towards the frontier of the Union of Soviet Socialist Republics. The strength of the Kwantung Army had been increased from two division in 1931 to fifteen in 1941.

A great number of new airfields, fortified areas, dumps, barracks, sea and river ports destined to serve in the war of aggression against the Union of Soviet Socialist Republics were built.

In Manchuria the war industry developed at a fast rate. Areas adjacent to the Union of Soviet Socialist Republics frontier were being colonized

by Japanese reservists with the purpose of strengthening the Kwantung Army at the moment of mobilization. Propaganda in the press, by radio, etc., directed against the Soviet Union, was carried on intensely. On Manchurian territory Japan organized and supported on a large scale elements from Russian emigrants hostile to the Soviet Union and prepared them for hostile acts against the Union of Soviet Socialist Republics. Japan systematically organized armed clashes on the frontier and organized acts of sabotage and terrorist acts on the Chinese Eastern Railroad.

In 1932, Japan twice rejected the proposal of the Union of Soviet Socialist Republics to conclude a non-aggression pact.

In 1938, Japan without declaring war, attacked the territory of the Soviet Union at the Lake Hassan.

In 1939 Japan again, without declaration of war, attacked the territory of the Mongolian People's Republic, an ally of the Union of Soviet Socialist Republics at the Kalkin-Gol River (Nomonhan), and engaged the Mongolian People's Republic army and its allied Red Army. In both cases Japan pursued the aim of reconnoitering the strength of the Red Army by battle and capturing strategic positions for future war against the Union of Soviet Socialist Republics. Having been repulsed twice and having suffered heavy losses, Japan nevertheless did not stop the preparations fro a surprise attack against the Union of Soviet Socialist republics.

While preparing for the war against the Soviet

Union, Japan, during several years, carried on negotiations with Hitlerite Germany and Fascist Italy on a joint aggression. The principal stages, in this plot of aggressors, were the conclusion of the so-called Anti-Comintern Pact in 1936 and the signing of the Tri-Partite Pact of Japan, Germany and Italy in 1940l, the aim of which was joint aggressive action of these countries against democratic powers, among them the Union of Soviet Socialist Republics.

In March 1941, while being in Berlin for the purpose of plotting with Hitler about a joint aggression against democratic countries, the defendant Matsuoka was informed by the German government about preparations by the latter for war against the Union of Soviet Socialist Republics. As early as the beginning of July, following a conclusion of the pact of neutrality on behalf of Japan on 13th April, 1941, after the treacherous attack of Germany against the Union of Soviet Socialist Republics, Matsuoka officially declared to the Soviet Ambassador in Tokyo that the principal basis of the Japanese foreign policy was the alliance with Germany and that in case Germany addressed Japan with a request for help, the pact of neutrality with the Union of Soviet Socialist REpublics would not present an obstacle for Japan to wage war on the side of Germany. In accordance with this, the governing militarist clique in Japan in the whole course of the war between Germany and the Union of Soviet Socialist Republics was openly hostile towards the Soviet Union; maintained a selected army on the

Soviet frontiers and was an organizer of a widespread propaganda against the Soviet union. Japan actively helped Hitlerite Germany, providing her with information regarding the Union of Soviet Socialist Republics, organized pirate attacks on Soviet merchant shipping in the Far East by closing straits, establishing prohibited zone and special limited waterways.

To render help to Germany, Japan, after Germany's attack against the Union of Soviet Socialist Republics in the summer of 1941, doubled the strength of her army in Manchuria and later on brought the strength of this army to a million men which necessitated maintaining considerable forces in the Far East by the Soviet Union instead of using them in the war against Germany.

In the same summer of 1941, Japan worked out a new plan of a surprise attack against the Union of Soviet Socialist Republics and kept the Kwantung Army fully prepared for such an attack. She was prevented from its, not by the pact of neutrality, which as it may be seen from above, Japan disregarded, but by the successes of the forces of the Union of Soviet Socialist Republics in the war against Germany.

Section 9
Japan, the United States of America, the Commonwealth of the Philippines and the British Commonwealth of Nations

The whole of the other Sections of this Appendix are relevant to this Section and are not repeated here.

From 1931 until December, 1941, relations between Japan on the one hand and the United States of America and Great Britain on the other continuously deteriorated because of Japan's aggression in East Asia and duplicity in international negotiations.

The United States of America and Great britain frequently protested that Japan's military operations were a violation of the provisions of the treaties mentioned in Count 2 hereof, and called the attention of both China and Japan to their obligations thereunder. They also declared that they would not recognize any situation in Manchuria or elsewhere brought about by violations thereof.

Japan in unequivocal terms gave assurances that she had no territorial ambitions in China, that she would respect the open door policy in China. In spite of these assurances she wet up a puppet regime in Manchukuo and proceeded to close the door to the United States of America and British trade.

After the consolidation of the Manchurian position Japan continued her aggressive policy in East Asia in spite of assurances that she had no territorial ambitions south of the Great Wall.

The United States and Great Britain endeavoured to convince Japan that her best interests lay in peace, but it was clear from her actions that she intended to resort to force to gain neighboring countries and territories.

During 1935, Japan increased her military and naval strength and undertook limited military activities to extend her domination over China. The

United States of American and Great Britain continued to draw Japan's attention to her treaty obligations but this had no effect on her military activities.

In 1936, the United States of America endeavoured to get Japan to agree to the principle of equality in commercial and industrial spheres and not to resort to force to obtain preferential rights. This was also rejected by Japan.

In 1937, Japan declared that the principles of international relationship propounded by the United States of America were consistent with her own, but qualified this by stating that the objectives could only be obtained by an understanding of the particular circumstances of the East. In 1937 Japan commenced further military aggression in China and soon thereafter the United States of America offered her good offices in the dispute and appealed to both parties to refrain from war. This offer was not accepted by Japan and the appeal had no effect. In the same year Japan refused an invitation to attend the Brussels Conference called under the provisions of the Nine-Power Treaty. On August 26th, 1937, Japanese forces attacked cars belonging to the British Embassy in China, and on December 12th attacked warships belonging to the United States of America and Great britain on the Yangtze.

At the end of 1938 Japan proclaimed her policy of a new order in East Asia and refused to give any unconditional assurance that the open door policy in China would be maintained.

Thereafter many interferences by Japan in

Japanese controlled territories with the rights of the United States of America and British nationals took place and in July, 1939, the United States of America gave notice of termination of the 1911 commercial Treaty with Japan.

In September, 1940, after Japan's military alliance with Germany and Italy, the United States of America was forced to place limitations on the export of iron, steel and raw materials to Japan.

In March, 1941, conversations between the Japanese ambassador in Washington and the United States Secretary of State took place in an endeavour by the United States to settle outstanding differences and to reach a peaceful settlement. While these were proceeding Japan continued at a feverish pace to prepare for war. At an Imperial Conference on 2nd July, the decision to advance southward, obviously directed against the United States of America, the Kingdom of the Netherlands and the British Commonwealth, was reached. SAt a further Conference on 6th September, it was decided to open hostilities against the United States of America, Great Britain and the Netherlands in case the requirements of Japan seemed unlikely to be realized by some time during the first part of October. On 12st December, a further Conference definitely decided on war. The decisions of the two last-mentioned Conferences were kept secret. On 7th-8th December, 1941, while negotiations were still proceeding, Japan made surprise attacks on territories of the United States of American at Pearl Harbour, of the British Commonwealth

of Nations at Singapore, Malaya, Hong Kong and Shanghai, of the Commonwealth of the Philippines, and of Thailand. She delivered no declaration of war, and to the British Commonwealth of Nations or to the Commonwealth of the Philippines, no document of any kind. To the United States of America she delivered, after the attack, a document which did not and was not intended to amount to a declaration of war.

She entirely disregarded all the other Treaty obligations referred to in Counts 7 and 8 hereof.

Section 10
Japan, the Kingdom of the Netherlands and the Republic of Portugal

The Netherlands East Indies and the Portuguese portion of the Island of Timor were within the area coveted by Japan and described by her as the "Greater East Asia Co-Prosperity Sphere".

In addition to the general treaties binding Japan not to attack these areas, Treaty Articles Nos. 20 and 21, refer respectively to these nations in terms. Japan also had a treaty with the Netherlands regarding the East Indies which she denounced on the 12th June, 1940, in preparation for aggression against them. At that time the homeland of the Netherlands had been recently and treacherously over-run by Japan's ally, Germany, and the Dutch Government had been compelled to seek refuge in England. Thereafter Japan endeavoured to compel that Government to agree to a new treaty on terms unduly

favourable to Japan, but they were unwilling to do so. The preparations of Japan for a general aggressive war in the Far East included an intention to invaded the Netherlands East indies. The occupation by Japan of French Indo-China, completed in July, 1941, and the attacks upon territories of the United States of America and the British Commonwealth of Nations on the 7th-8th December, 1941, were all part of a plan which included an invasion of the Netherlands East Indies. This was specifically one of the decisions of the Japanese Imperial Conference of the 6th September, 1941. Consequently the Netherlands Government immediately after the last mentioned attacks, declared war on Japan in self-defense.

On the 11th January, 1942, Japan invaded and thereafter rapidly occupied the Netherlands East Indies.

On 19th February 1942, Japan, without any pretence of right or of any quarrel with the Republic of Portugal, invaded Portuguese Timor, and occupied it for the purpose of carrying on her aggressive war against all the allied nations.

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