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                       "I have noted in red
                        the subtle dissembling of Hirohito." -- Roger Mansell 
                       
                      August
                        14, 1945, New York Times 
                      TO OUR GOOD AND LOYAL SUBJECTS: 
                      After pondering deeply the general trends of the world
                        and the actual conditions obtaining in our empire today,
                        we have decided to effect a settlement of the present
                        situation by resorting to an extraordinary measure. 
                      We have ordered our Government to communicate to the
                        Governments of the United States, Great Britain, China
                        and the Soviet Union that our empire accepts
                            the provisions of their joint declaration. 
                      To strive for the common prosperity and happiness of
                        all nations as well as the security and well-being of
                        our subjects is the solemn obligation which has been
                        handed down by our imperial ancestors and which we lay
                        close to the heart. 
                      Indeed, we declared war on
                            America and Britain out of our sincere desire to
                            insure Japan's self-preservation and the
                            stabilization of East Asia, it being far from our
                            thought either to infringe upon the sovereignty of
                            other nations or to embark upon territorial
                            aggrandizement. 
                      But now the war has lasted for nearly four years.
                        Despite the best that has been done by everyone-the
                        gallant fighting of the military and naval forces, the
                        diligence and assiduity of our servants of the State and
                        the devoted service of our 100,000,000 people-the
                            war situation has developed not necessarily to
                            Japan's advantage, while the general
                        trends of the world have all turned against her
                        interest. 
                      Moreover, the enemy has begun
                            to employ a new and most cruel bomb, the
                        power of which to do damage is, indeed, incalculable,
                        taking the toll of many innocent lives. Should we
                        continue to fight, it would not only result in an
                        ultimate collapse and obliteration of the Japanese
                        nation, but also it would lead to the total extinction
                        of human civilization. 
                      Such being the case, how are we to save the millions of
                        our subjects, or to atone ourselves before the hallowed
                        spirits of our imperial ancestors? This is the reason
                        why we have ordered the acceptance of the provisions of
                        the joint declaration of the powers. 
                      We cannot but express the deepest sense of regret to
                        our allied nations of East Asia, who have consistently
                            cooperated with the Empire toward the emancipation of East Asia. 
                      The thought of those officers and men as well as others
                        who have fallen in the fields of battle, those who died
                        at their posts of duty, or those who met with death
                        [otherwise] and all their bereaved families, pains our
                        heart night and day. 
                      The welfare of the wounded and the war sufferers and of
                        those who have lost their home and livelihood is the
                        object of our profound solicitude. The hardships and
                        sufferings to which our nation is to be subjected
                        hereafter will be certainly great. 
                      We are keenly aware of the inmost feelings of all of
                        you, our subjects. However, it is according to the
                        dictates of time and fate that we have resolved to pave
                        the way for a grand peace for all the generations to
                        come by enduring the [unavoidable] and suffering what is
                        unsufferable. Having been able to save * * * and
                        maintain the structure of the Imperial State, we are
                        always with you, our good and loyal subjects, relying
                        upon your sincerity and integrity. 
                      Beware most strictly of any outbursts of emotion that
                        may engender needless complications, of any fraternal
                        contention and strife that may create confusion, lead
                        you astray and cause you to lose the confidence of the
                        world. 
                      Let the entire nation continue as one family from
                        generation to generation, ever firm in its faith of the
                        imperishableness of its divine land, and mindful of its
                        heavy burden of responsibilities, and the long road
                        before it. Unite your total strength to be devoted to
                        the construction for the future. Cultivate the ways of
                        rectitude, nobility of spirit, and work
                            with resolution so that you may enhance the innate
                            glory of the Imperial State and keep pace
                        with the progress of the world. 
                       
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            Emperor Hirohito's Surrender Rescript 
to Japanese Troops
            17 August 1945 
             
             
TO THE OFFICERS AND MEN OF THE IMPERIAL FORCES: 
             
Three years and eight months have elapsed since we declared war on the
United States and Britain. During this time our beloved men of the army
and navy, sacrificing their lives, have fought valiantly on
disease-stricken and barren lands and on tempestuous waters in the
blazing sun, and of this we are deeply grateful. 
             
Now that the Soviet Union has entered the war against us, to continue
the war under the present internal and external conditions would be
only to increase needlessly the ravages of war finally to the point of
endangering the very foundation of the Empire's existence 
             
With that in mind and although the fighting spirit of the Imperial Army
and Navy is as high as ever, with a view to maintaining and protecting
our noble national policy we are about to make peace with the United
States, Britain, the Soviet Union and Chungking. 
             
To a large number of loyal and brave officers and men of the Imperial
forces who have died in battle and from sicknesses goes our deepest
grief. At the same time we believe the loyalty and achievements of you
officers and men of the Imperial forces will for all time be the
quintessence of our nation. 
             
We trust that you officers and men of the Imperial forces will comply
with our intention and will maintain a solid unity and strict
discipline in your movements and that you will bear the hardest of all
difficulties, bear the unbearable and leave an everlasting foundation
of the nation. 
             
            [Seal of the Empire] 
Signed: HIROHITO 
             
             
Source: U. S. Govt. Imperial Rescript Granted the Ministers of War and
Navy. 17 August 1945. Reproduced in facsimile as Serial 2118, in
Psychological Warfare, Part Two, Supplement 2 CINCPAC-CINCPOA Bulletin
#164-45. 64-45. 
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              See also these assorted photos and news clippings re the Investigation
                of Emperor Hirohito for prosecution as war criminal. (Record
              Group 153, Box 107, Folders 2 and 26) 
               
              On Jan. 24, 1946,
              MacArthur wrote a message to the Joints Chiefs of Staff regarding
              the emperor: 
               
              He is a symbol which unites all
                Japanese. Destroy him and the nation will disintegrate.
                Practically all Japanese venerate him as the social head of the
                State and believe rightly or wrongly that the Potsdam Agreements
                were intended to maintain him as the emperor of Japan. They will
                regard Allied action to the contrary as the greatest betrayal in
                their history and the hatreds and resentments engendered by this
                thought will unquestionably last for all measurable time. A
                vendetta for revenge will thereby be initiated whose cycle may
                well not be completed for centuries if ever. 
                
                The whole of Japan can be expected, in my opinion, to resist the
                action either by passive or semi-active means..... It would be
                absolutely essential to greatly increase the occupational
                forces. It is quite possible that a minimum of a million troops
                would be required which would have to be maintained for an
                indefinite number of years.
                 
                The decision as to whether the emperor should be tried as a war
                criminal involves a policy determination upon such a high level
                that I would not feel it appropriate for me to make a
                recommendation; but if the decision by the heads of states is in
                the affirmative, I recommend the above measures as imperative. ( Original
                  document)
                
               
              MacArthur's message regarding criminal action against the Emperor
              Hirohito was handled the very next day. Here's from a blog posting
              of mine: 
              
                February 10, 2010
                MacArthur on Exemption of the
                  Emperor 
                  from War Criminals, January 25, 1946
                http://www.ndl.go.jp/constitution/e/shiryo/03/064shoshi.html
                
                Documents
with
                    Commentaries Part 3 Formulation of the GHQ Draft and
                    Response of the Japanese Government
                  3-3 Telegram, MacArthur to
                    Eisenhower, Commander in Chief, U.S. Army Forces, Pacific,
                    concerning exemption of the Emperor from War Criminals,
                    January 25, 1946
                  
                  The U.S. Joint Chiefs of Staff, on November 29, 1945, ordered
                  MacArthur to gather information regarding whether the Emperor
                  had committed any war crimes. In response to this, MacArthur
                  sent a telegram dated January 25, 1946 reporting that there
                  was no evidence of the Emperor having committed any war
                  crimes. In addition to this, MacArthur stated that charging
                  the Emperor would cause confusion in the situation in Japan
                  thus requiring a longer occupation with increased military and
                  civilian personnel. He made it clear that he would prefer not
                  to charge the Emperor in consideration of the burden such
                  action would create for the United States.
                  
                   
                    
                      
                        
                          | Actual Title of Source | 
                          Incoming Classified Message From: CINCAFPAC Adv
                            Tokyo, Japan To: War Department | 
                         
                        
                          | Date | 
                          25 January, 1946 | 
                         
                        
                          | Document Number | 
                          State Department Records Decimal File,
                            1945-1949"894.001 HIROHITO/1-2546"<Sheet No. SDDF
                            (B)00065> | 
                         
                        
                          | Repository (reproduction) | 
                          National Diet Library | 
                         
                        
                          | Repository | 
                          U.S. National Archives & Records
                            Administration (RG59) | 
                         
                        
                          | Note | 
                          Microfiche | 
                         
                      
                     
                   
                  
                 
               
              In a review of a
              book by Leonard Mosley on the Emperor of Japan, author David
              Bergamini wrote: 
               
              In September
                  1945, the Japanese cabinet, in anticipation of Allied
                demands, drew up a list of war criminals. Hirohito forthrightly
                refused even to consider it because, he said, these were his
                'most loyal retainers.' MacArthur needed the emperor untried and
                unreviled. - LIFE
                magazine, June 17, 1966 
               
               
              For further study into why Emperor Hirohito was not tried at the
              Tokyo War Crimes Trials (IMTFE), see Victors' Justice: Tokyo War Crimes
                  Trial by Richard H. Minear (2015), pp. 138-145.
              Another book that may be helpful, a rebuttal of sorts composed of
              articles by scholars including Japanese, is Beyond Victor's Justice? The Tokyo
                  War Crimes Trial Revisited by Simpson, McCormack,
              and Tanaka (2011). See also the section, "Why Hirohito Was Not
              Tried," in War Responsibility
                and Historical Memory: Hirohito's Apparition by Herbert
              Bix (2008): 
               
              General Douglas MacArthur, before
                he had even arrived on Japanese soil, assumed incorrectly that
                Hirohito had been a mere figurehead emperor and a virtually
                powerless puppet of Japan's "militarists." This helped the US
                military to use him just as Japan's militarists had once done,
                to ease their rule, legitimize reforms, and insure their smooth
                implementation... Such occupation-sponsored myths strengthened
                Japanese victim consciousness and impede the search for truth...
                But when some of the judges on the Tokyo tribunal felt compelled
                to call attention in their dissenting final judgments to the
                emperor's total, unqualified political immunity from leadership
                crimes even though he had launched the aggressive war, they
                insured that the Hirohito case would be remembered. 
               
               
              One of these judges giving a dissenting opinion at the trial,
              Justice Bernard of France, disagreed because the emperor was NOT
              included in the list of those to be prosecuted, even though he
              felt there was enough evidence to implicate the emperor. 
               
              Another individual brought out in prominence in this whole matter
              is MacArthur's military secretary, Brig. Gen. Bonner Fellers. Here
              is one excerpt, out of many possible, from Embracing
                Defeat by John Dower (p. 297): 
               
              Had the imperial household been
                privy to communications at the top level of GHQ, they would have
                been ecstatic, for there was little fundamental difference
                between their hopes and SCAP's intentions. On October 1,
                MacArthur received through Fellers a short legal brief that made
                absolutely clear that SCAP had no interest in seriously
                investigating Hirohito's actual role in the war undertaken in
                his name. The brief took as "facts" that the emperor had not
                exercised free will in signing the declaration of war; that he
                had "lack of knowledge of the true state of affairs"; and that
                he had risked his life in attempting to effect the surrender. It
                offered, in awkward legalese, the one-sentence "Conclusion" that
                "If fraud, menace or duress sufficient to negative intent can be
                affirmatively established by the Emperor, he could not stand
                convicted in a democratic court of law." And it ended with the
                following "Recommendation": 
                
                a. That in the interest of
                  peaceful occupation and rehabilitation of Japan, prevention of
                  revolution and communism, all facts surrounding the execution
                  of the declaration of war and subsequent position of the
                  Emperor which tend to show fraud, menace or duress be
                  marshalled. 
                  b. That if such facts are sufficient to establish an
                  affirmative defense beyond a reasonable doubt, positive action
                  be taken to prevent indictment and prosecution of the Emperor
                  as a war criminal. 
                 
                
                On the next day, General Fellers prepared a long memorandum for
                MacArthur's exclusive perusal that spelled out in richer detail
                why it was imperative that such mitigating "facts" be marshaled.
                Fellers's memo was written before SCAP's "civil liberties"
                directive, before free discussion existed in Japan, before
                political prisoners had been released from prison, before the
                most basic questions of "war responsibility" had been clearly
                formulated, before trends in popular sentiment had been
                seriously evaluated, before it was even legal for Japanese to
                speak such phrases as "popular sovereignty." It read, in full,
                as follows:
                
                 The attitude of the Japanese
                  toward their Emperor is not generally understood. Unlike
                  Christians, the Japanese have no God with whom to commune.
                  Their Emperor is the living symbol of the race in whom lies
                  the virtues of their ancestors. He is the incarnation of
                  national spirit, incapable of wrong or misdeeds. Loyalty to
                  him is absolute. Although no one fears him, all hold their
                  Emperor in reverential awe. They would not touch him, look
                  into his face, address him, step on his shadow. Their abject
                  homage to him amounts to a self abnegation sustained by a
                  religious patriotism the depth of which is incomprehensible to
                  Westerners. 
                   
                  It would be a sacrilege to entertain the idea that the Emperor
                  is on a level with the people or any governmental official. To
                  try him as a war criminal would not only be blasphemous but a
                  denial of spiritual freedom. 
                   
                  The Imperial War Rescript, 8 December 1941, was the
                  inescapable responsibility of the Emperor who, as the head of
                  a then sovereign state, possessed the legal right to issue it.
                  From the highest and most reliable sources, it can be
                  established that the war did not stem from the Emperor
                  himself. He has personally said that he had no intention to
                  have the War Rescript used as Tojo used it. 
                   
                  It is a fundamental American concept that the people of any
                  nation have the inherent right to choose their own government.
                  Were the Japanese given this opportunity, they would select
                  the Emperor as the symbolic head of the state. The masses are
                  especially devoted to Hirohito. They feel that his addressing
                  the people personally made him unprecedentally close to them.
                  His rescript demanding peace filled them with joy. They know
                  he is no puppet now. They feel his retention is not a barrier
                  to as liberal a government as they are qualified to enjoy. 
                   
                  In effecting our bloodless invasion, we requisitioned the
                  services of the Emperor. By his order seven million soldiers
                  laid down their arms and are being rapidly demobilized.
                  Through his act hundreds of thousands of American casualties
                  were avoided and the war terminated far ahead of schedule.
                  Therefore having made good use of the Emperor, to try him for
                  war crimes, to the Japanese, would amount to a breach of
                  faith. Moreover, the Japanese feel that unconditional
                  surrender as outlined in the Potsdam Declaration meant
                  preservation of the State structure, which includes the
                  Emperor. 
                   
                  If the Emperor were tried for war crimes, the governmental
                  structure would collapse and a general uprising would be
                  inevitable. The people will uncomplainingly stand any other
                  humiliation. Although they are disarmed, there would be chaos
                  and bloodshed. It would necessitate a large expeditionary
                  force with many thousands of public officials. The period of
                  occupation would be prolonged and we would have alienated the
                  Japanese. 
                   
                  American long range interests require friendly relations with
                  the Orient based on mutual respect, faith and understanding.
                  In the long run it is of paramount, national importance that
                  Japan harbor no lasting resentment. 
                 
                
                SCAP's commitment to saving and using the emperor was firm. The
                pressing, immediate task was to create the most usable emperor
                possible.
                
               
              Furthermore, Japanese defendants in the trials were compliant in
              not mentioning anything which would incriminate the emperor; from
              p. 325 in Dower's work: 
               
              Before the war crimes trials
                actually convened, SCAP, the IPS, and Japanese officials worked
                behind the scenes not only to prevent Emperor Hirohito from
                being indicted, but also to slant the testimony of the
                defendants to ensure that no one implicated him. Former admiral
                and prime minister Yonai, following Fellers's advice, apparently
                did caution Tojo to take care not to incriminate the emperor in
                any way. The collaborative campaign to shape the nature of the
                trials went considerably beyond this, however. High officials in
                court circles and the government collaborated with GHQ in
                compiling lists of prospective war criminals, while the hundred
                or so prominent individuals eventually arrested as "Class A"
                suspects and incarcerated in Sugamo Prison for the duration of
                the trial (of whom only twenty-eight were indicted) solemnly
                vowed on their own to protect their sovereign against any
                possible taint of war responsibility. The sustained intensity of
                this campaign to protect the emperor was revealed when, in
                testifying before the tribunal on December 31, 1947, Tojo
                momentarily strayed from the agreed-on line concerning imperial
                innocence and referred to the emperor's ultimate authority. The
                American-led prosecution immediately arranged that he be
                secretly coached to recant this testimony. 
               
               
       
Why Hirohito permitted the war: "It was the will of the Japanese people"
        
 
              
  
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