Annex 6
Appendix B

List of Articles of Treaties violated by Japan and incorporated in Groups One and Two.


The Convention for the Pacific Settlement of International Disputes, singed at The Hague 29 July 1899.

The said Convention was signed and ratified by or on behalf of Japan and each of the Nations bringing the charges in this Indictment subject to certain reservations not here material.

  1. Article I

    "With a view to obviating, so far as possible, recourse to force in the relations between States, the Signatory Powers agree to use their best efforts to ensure the pacific settlement of international differences".

  2. Article II

    "In case of serious disagreement or conflict, before an appeal to arms, the Signatory Powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly Powers".

The Convention for the Pacific Settlement of International Disputes, signed at The Hague 18 October 1907.

The said Convention was signed and ratified by or on behalf of Japan and each of the nations bringing the charges in this Indictment with the exception of the United Kingdom and the Union of Soviet Socialist Republics, subject to certain reservations not here material.

--85--

  1. Article 1.

    "With a view to obviating as far as possible recourse to force in the relations between States, the Contracting Powers agree to use their best efforts to ensure the pacific settlement of international differences".

  2. Article 2.

    "In case of serious disagreement or dispute, before an appeal to arms, the Contracting Powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly Powers".

The Hague Convention No. III Relative to the Opening of Hostilities, signed 18 October 1907.

The said Convention was signed and ratified by or on behalf of Japan and each of the nations bringing the charge in this Indictment.

  1. Article I

    "The Contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration fo war or of an ultimatum with conditional declaration of war".

Agreement effected by exchange of notes between the United States and Japan, signed 30 November 1908, declaring their policy in the Far East.

  1. "2. The policy of both Governments, uninfluenced by any aggressive tendencies, is directed to the maintenance of the existing status quo in the region above-mentioned and to the defence of the principle of equal opportunity for commerce and industry in

--86--

    in China.

  1. 3. They are accordingly firmly resolved reciprocally to respect the territorial possessions belonging to each other in said region.

  2. 4. They are also determined to preserve the common interest of all Powers in China by supporting by all pacific means at their disposal the independence and integrity of China and the principle of equal opportunity for commerce and industry of all nations in that Empire.

  3. 5. Should any event occur threatening the status quo as above described or the principle of equal opportunity as above defined, it remains for the two Governments to communicate with each other in order to arrive at an understanding as to what measures they may consider it useful to take".

The Convention and Final Protocol for the Suppression of the Abuse of Opium and other Drugs, signed at The Hague, 23 January 1912 and 9 July 1913.

  1. The said Convention was signed and ratified by or on behalf of Japan and each of the nations bringing the charges in this Indictment.

The Treaty of Peace between the Allied and Associated Powers and Germany, signed at Versailles, 28 June 1919, known as the Versailles Treaty.

  1. Article 10 of the Covenant of the League of Nations.

    "The Members of the League undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all Members of the League. In case of

--87--

    any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled".

  1. Article 12 of the Covenant of the League of Nations.

    "The Members of the League agree that if there should arise between them any dispute likely to lead to a rupture, they will submit the matter either to arbitration or to enquiry by the Council, and they agree in no case to resort to war until three months after the award by the arbitrators or the report by the Council".

  2. Article 13 of the Covenant of the League of Nations.

    "The Members of the League agree that whenever any dispute shall arise between them which they recognize to be suitable for submission to arbitration and which cannot be satisfactorily settled by diplomacy, they will submit the whole subject matter to arbitration.

    Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made for any such breach, are declared to be among those which are generally suitable for submission to arbitration.

    For the consideration of any such dispute, the court of arbitration to which the case is referred

--88--

    shall be the court agreed on by the parties to the dispute or stipulated in any convention existing between them.

    The Members of the League agree that they will carry out in full good faith any award that may be rendered, and that they will not resort to war against a Member of the League which complies therewith. In the event of any failure to carry out such award, the Council shall propose what steps should be taken to give effect thereto."

  1. Article 15 of the Covenant of the League of Nations.

    "If there should arise between Members of the League any dispute likely to lead to rupture, which is not submitted to arbitration in accordance with Article 13, the Members of the League agree that they will submit the matter to the Council. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the Secretary-General, who will make all necessary arrangements for a full investigation and consideration thereof.

    For this purpose the parties to the dispute will communicate to the Secretary-General, as promptly as possible, statements of their case, with all the relevant facts and papers, and the Council may forthwith direct the publication thereof.

    The Council shall endeavour to effect a settlement of the dispute, and if such efforts are successful, a statement shall be made public giving such facts and explanations regarding the dispute and the

--89--

    terms of settlement thereof as the Council may deem appropriate.

    If the dispute is not thus settled, the Council either unanimously or by a majority vote shall make and publish a report containing a statement of the facts of the dispute and the recommendations which are deemed just and proper in regard thereto.

    Any Member of the League represented on the Council may make public a statement of the facts of the dispute and of its conclusions regarding the same.

    If a report by the Council is unanimously agreed to by the members thereof other than the Representatives of one or more of the parties to the dispute, the Members of the League agree that they will not go to war with any party to the dispute which complies with the recommendations of the report.

    If the Council fails to reach a report which is unanimously agreed to by the members thereof, other than the Representatives of one or more of the parties to the dispute, the Members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice.

    If the dispute between the parties is claimed by one of them, and is found by the Council, to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Council shall so report, and shall make no recommendation as to its settlement.

    The Council may in any case under this

--90--

    Article refer the dispute to the Assembly. The dispute shall be so referred at the request of either party to the dispute, provided that such request be made within fourteen days after the submission of the dispute to the Council.

    In any case referred to the Assembly, all the provisions of this Article and of Article 12 relating to the action and powers of the Council shall apply to the action and powers of the Assembly, provided that a report made by the Assembly, if concurred in by the Representatives of those Members of the League represented on the Council and of a majority of the other Members of the League, exclusive in each case of the Representatives of the parties to the dispute, shall have the same force as a report by the Council concurred in by all the members thereof other than the Representatives of one or more of the parties to the dispute".

  1. Article 22 of the Covenant of the League of Nations.

    "Other peoples, especially those of Central Africa, are at such a stage that the Mandatory must be responsible for the administration of the territory under conditions which will guarantee freedom of conscience and religion, subject only to the maintenance of public order and morals, the prohibition of abuses such as the slave trade, the arms traffic and the liquor traffic, and the prevention of the establishment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defence of territory, and will also secure equal opportunities

--91--

    for the trade and commerce of other Members of the League.

    There are territories, such as South-West Africa and certain of the South Pacific Islands, which, owing to the sparseness of their population, or their small size, or their remoteness from the centres of civilisation, or their geographical contiguity to the territory of the Mandatory, and other circumstances, can be best administered under the laws of the Mandatory as integral portions of its territory, subject to the safeguards above mentioned in the interests of the indigenous population".

  1. Article 23 (c) of the Covenant of the League of Nations.

    "Subject to and in accordance with the provisions of international conventions existing or hereafter to be agreed upon, the Members of the League. . . .

    (c) will entrust the League with the general supervision over the execution of agreements with regard to the traffic in women and children, and the traffic in opium and other dangerous drugs."

The Mandate from the League of Nations pursuant to the Versailles Treaty made at Geneva 17 December 1920.

  1. Article 3.

    "The Mandatory shall see that the slave trade is prohibited and that no forced labour is permitted, except for essential public works and services, and then only for adequate remuneration."

  2. Article 4.

    "The military training of the natives otherwise than for purposes of internal police and the local

--92--

    defence of the territory shall be prohibited. Furthermore, no military or naval bases shall be established or fortifications erected in the territory."

Treaty between the British Commonwealth of Nations, France, Japan and the United States of America relating to their Insular possessions and Insular Dominions in the Pacific Ocean, 13 December, 1921.

The said Treaty was signed and ratified by the Signatory Powers.

  1. Article I. "The High Contracting Parties agree as between themselves to respect their rights in relation to their insular possessions and insular dominions in the region of the Pacific Ocean.

    If there should develop between any of the High Contracting Parties a controversy rising out of any Pacific question and involving their said rights which is not satisfactorily settled by diplomacy and is likely to affect the harmonious accord now happily subsisting between them, they shall invite the other High Contracting Parties to a joint Conference to which the whole subject will be referred for consideration and adjustment."

Identic Communication made to the Netherlands Government on 4 February 1922 on behalf to the British Commonwealth of Nations and also "mutatis mutandis" on behalf of Japan and the other Powers signatory to the Quadruple Pacific Treaty of 13 December 1921, states that:--

  1. The Netherlands not being signatory to the said

--93--

    Treaty, and the Netherlands possession in the region of the Pacific Ocean therefore not being included in the agreement referred to, His Britannic Majesty's Government, anxious to forestall any conclusion contrary to the spirit of the Treaty, desires to declare that it is firmly resolved to respect the rights of the Netherlands in relation to her insular possessions in the region of the Pacific Ocean.

Identic Communication made to the Portuguese Government on 6 February 1922 on behalf of the British Commonwealth of Nations and also "mutatis mutandis" on behalf of Japan and the other Powers signatory to the Quadruple Pacific treaty of 13 December 1921, states that:--

  1. The Portuguese not being signatory to the said Treaty, and the Portuguese possession in the region of the Pacific Ocean therefore not being included in the agreement referred to, His Britannic Majesty's Government, anxious to forestall any conclusion contrary to the spirit of the Treaty, desires to declare that it is firmly resolved to respect the rights of Portugal in relation to her insular possessions in the region of the Pacific Ocean.

The Treaty between the United States of America, the British Commonwealth of Nations, Belgium, China, France, Italy, Japan, the Netherlands and Portugal, concluded and signed at Washington, 6 February 1922, known as the Nine-Power Treaty.

The said Treaty was signed and ratified by or on behalf of Japan and each of the nations bringing the charges in this Indictment with the exception of the

--94--

Union of Soviet Socialist Republics.

Article I.
"The Contracting Powers, other than China, agree:--

  1. (1) To respect the sovereignty, the independence, and the territorial administrative integrity of China;

  2. (2) To provide the fullest and most unembarrassed opportunity to China to develop and maintain for herself an effective and stable Government;

  3. (3) To use their influence for the purpose of effectually establishing and maintaining the principle of equal opportunity for the commerce and industry of all nations throughout the territory of China;

  4. (4) To refrain from taking advantage of conditions in China in order to see special rights or privileges which would abridge the rights of subjects oor citizens of friendly States, and from countenancing action inimical to the security of such States."

Article II.

  1. "The Contracting Powers agree not to enter into any treaty, agreement, arrangement, or understanding, either with one another, or, individually or collectively, with any Power or Powers which would infringe or impair the principles stated in Article I."

Article III.
"With a view to applying more effectually the principles of the Open Door or equality of opportunity in China for the trade and industry of all nations, the Contracting Powers, other than China,

--95--

agree that they will not seek, nor support their respective nationals in seeking:--
  1. (a) Any arrangement which might purport to establish in favour of their interests any general superiority of rights with respect to commercial or economic development in any designated region of China;

  2. (b) Any such monopoly or preference as would deprive the nationals of any other Power of the right of undertaking any legitimate trade or industry in China, or of participating with the Chinese Government, or with any local authority, in any category or public enterprise, or which by reason of its scope, duration, or geographical extent in calculated to frustrate the practical application of the principle of equal opportunity.

It is understood that the foregoing stipulations of this Article are not to be so construed as to prohibit the acquisition of such properties or rights as may be necessary to the conduct of a particular commercial, industrial, or financial undertaking, or to the encouragement of invention and research.

China undertakes to be guided by the principles stated in the foregoing stipulations of this Article in dealing with applications for economic rights and privileges from the Government and nationals of all foreign countries, whether parties to the present Treaty or not."

Article IV.

  1. "The Contracting Powers agree not to support

--96--

    any agreements by their respective nationals with each other designed to create Spheres of Influence or to provide for the enjoyment of mutually exclusive opportunities in designated parts of Chinese territory."

Article VII.

  1. "The Contracting Powers agree that, whenever a situation arises which in the opinion of any one of them involves the application of the stipulations of the present Treaty, and renders desirable discussion of such application, there shall be full and frank communication between the Contracting Powers concerned."

Treaty between the United States and Japan, signed at Washington, 11 February 1922.

The said Treaty was signed and ratified by the Signatory Powers.

Article II.

  1. "The United States and its nationals shall receive all the benefits of the engagements of Japan defined in Articles 3, 4 and 5 of the aforesaid Mandate, notwithstanding the fact that the United States is not a member of the League of Nations."

The League of Nations Second Opium Conference Convention, signed at Geneva 19 February 1925.

  1. The said Convention was signed and ratified by or on behalf of Japan and each of the nations bringing the charges in this Indictment, with the exception of the Union of Soviet Socialist Republics, China, and the United States of America.

Treaty Between the President of the United States of

--97--

America, the President of the German Reich, His Majesty the King of the Belgians, the President of the French Republic, His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Republic of Poland, and the President of the Czechoslovak republic, concluded and signed at Paris 27 August 1928, known as the Kellogg-Briand Pact and as the Pact of Paris.

The said Treaty was signed and ratified by the Signatory Powers.

Article I.

  1. "The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it as an instrument of national policy in their relations with one another."

Article II.

  1. "The High Contracting Parties agree that the settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means."

Declaration of Imperial Japanese Government, 27 June 1929, concerning Article I of the Kellogg-Briand Pact of 27 August 1928.

"The Imperial Government declare that the phraseology 'in the names of their respective peoples' appearing in Article I of the Treaty for

--98--

the Renunciation of War, signed at Paris on 27 August 1928, viewed in the light of the provisions of the Imperial Constitution, is understood to be inapplicable in so far as Japan is concerned."

The Convention relating to Narcotic Drugs, signed at Geneva 13 July 1931.

  1. The said COnvention was signed and ratified by or on behalf of Japan with a reservation as recorded in the protocol of signature and each of the nations bringing the charges in this Indictment, with the exception of the Union of Soviet Socialist Republics, China, the Commonwealth of Australia and New Zealand.

Treaty between Thailand and Japan concerning the continuance of friendly relations and the mutual respect of each other's territorial integrity, signed at Tokyo, 12 June 1940.

The said Treaty was signed and ratified by the Signatory Powers.

Article I.

  1. "The High Contracting Parties shall mutually respect each other's territorial integrity and hereby reaffirm the constant peace and the perpetual friendship existing between them."

Convention respecting the Rights and Duties of Neutral Powers and Persons in War on Land, signed at the Hague 18 October 1907.

  1. Article I.
    "The territory of neutral Powers is inviolable."

  2. Article II.
    "Belligerents are forbidden to move troops or convoys, whether of munitions of war or of supplies,

--99--

    across the territory of a neutral Power."

Treaty of Portsmouth between Russia and Japan, signed 5 September 1905 which established:

Article II (paragraph 3).

  1. It is also agreed that in order to avoid all cause of misunderstanding the two High Contracting Parties will abstain, on the Russo-Korean frontier, from taking any military measures which may menace the security of Russian or Korean territory.

Article III (Parts 1 and 2).
Japan and Russia mutually engage:

  1. (1) To evacuate completely and simultaneously Manchuria except the territory affected by the lease of the Liaotung Peninsula, in conformity with the provisions of additional Article I, annexed to Treaty; and
  2. (2) To restore entirely and completely to the exclusive administration of China all portions of Manchuria now in the occupation or under the control of the Japanese or Russian troops, with the exception of the territory above mentioned.

Article IV.

  1. Japan and Russia reciprocally engage not to obstruct any general measures common to all countries, which China may take for the development of the commerce and industry of Manchuria.

Article VII (paragraph 1).

  1. Japan and Russia engage to exploit their respective railways in Manchuria exclusively for commercial and industrial purposes and in now wise for strategic purposes.

Article IX (paragraph 2).

--100--

  1. Japan and Russia mutually agree not to construct in their respective possessions on the Island of Saghalien or the adjacent islands, any fortifications or other similar military works. They also respectively engage not to take any military measures which may impede the free navigation of the Straits of La Perouse and Tartary.

The Convention on Embodying Basic Rules of the Relations between Japan and the Union of Soviet Socialist Republics, signed 20 January 1925 in Peking.

This COnvention was signed and ratified by the Signatory Powers.

Article V.

  1. The High Contracting Parties solemnly affirm their desire and intention to live in peace and amity with each other, scrupulously to respect the undoubted right of a State to order its own life within its own jurisdiction in its own way, to refrain and restrain all persons in any governmental service for them, and all organizations in recept of any financial assistance from the, from any act overt or covert liable in any way whatever to endanger the order and security in any part of the territories of Japan or the Union of Soviet Socialist Republics.

    It is further agreed that neither Contracting party shall permit the presence in the territories under its jurisdiction -- (a) of organizations or groups pretending to be the Government for any part of the territories of the other Party, or (b) of

--100--

    alien subjects or citizens who may be found to be actually carrying on political activities for such organizations or groups.

The Neutrality Pact between the Union of Soviet Socialist republics and Japan, signed 13 April 1941 in Moscow.

This pact was signed and ratified by the Signatory Powers.

Article I.

  1. Both Contracting Parties engage to maintain peaceful and friendly relations between themselves and mutually respect the territorial integrity and inviolability of the other Contracting Party.

Article II.

  1. If one of the Contracting Parties become the object of military action on the part of one or several other Powers, the other Contracting Party will maintain neutrality during the whole period of the conflict.

--102--

Table of Contents


Transcribed and formatted for HTML by Patrick Clancey, HyperWar Foundation