OPINION

Justice Radhabinod Pal and Hiroshima

August 12, 2009
commonsense

"Mechanized civilization has just reached the ultimate stage of barbarism. In a near future, we will have to choose between mass suicide and intelligent use of scientific conquests[...] This can no longer be simply a prayer; it must become an order which goes upward from the peoples to the governments, an order to make a definitive choice between hell and reason." Albert Camus, 1945

"As American Christians, we are deeply penitent for the irresponsible use already made of the atomic bomb. We are agreed that, whatever be one's judgment of the war in principle, the surprise bombings of Hiroshima and Nagasaki are morally indefensible." Federal Council of Churches, USA 1946

Last week was the anniversary of Hiroshima and Nagasaki. The “little boy” that incinerated Hiroshima on 6th of August, 1945 and the “fat man” that did the same for Nagasaki three days later have ignited a lot of heated discussion about the future of nuclear weapons. The dominant view – that the two atomic bombs ended the war and brought peace – has been questioned by a number of historians. Using declassified documents not available earlier, Gar Alperovitz of UC-Berkeley in his Atomic Diplomacy: Hiroshima and Potsdam (1965) argued that the decision to drop the bombs on Japan was geopolitical and actually triggered off the cold war. The decision to According to him and others such William Blum, an ex-State Department official, Japan had already decided to surrender prior to Hiroshima. According to him, the bombs were used to put the Soviet Union on notice and perhaps to test the bombs that had never been used in the battlefield. Both interpretations however, are hotly debated and contested, and as is the case with all ideologically charged social controversies, it is impossible that a final consensus will ever emerge.

As is well known, after the war, the International Military Tribunal for Far East Asia was was set up. Also known as the Tokyo Trials of 1946, of the “judges” who presided over it and pronounced the Japanese army officers on trial guilty of war crimes, only one person was a career judge – the ex-professor of Law at Calcutta University, Justice Radhabinod Pal. The rest, mostly British, American and Australian were either ex-army officers or diplomats.

Except for Judge Radhabinod Pal, no one had any legal training, formal or informal. Justice Pal made history by dissenting with his colleagues on the Military Tribunals and penned a document that was over 1500 pages long. While clearly acknowledging the fact that the Japanese were indeed guilty of horrendous war crimes, he argued that the Allies who were judging them were also guilty of the same. Indeed he questioned the very legitimacy of the Military Tribunal, and argued that it was driven solely by the spirit of retribution rather than international law. His note of dissent which has now become a legal landmark in international law was:

"I would hold that every one of the accused must be found not guilty of every one of the charges in the indictment and should be acquitted on all those charges."

His very detailed document of dissent was promptly banned from publication in the well known bastions of free-speech such as the UK and USA. His argument that the Allies were also guilty of war crimes was not palatable then or now. The document is still not available in print in either of those countries, even though the Internet makes it possible to obtain the text online.

On the use of the atomic bombs, a point that seems to have been lost on the current cheerleaders of a nuclear India and Pakistan, Justice Pal famously observed:


"This policy of indiscriminate murder to shorten the war was considered to be a crime. In the Pacific war under our consideration, if there was anything approaching what is indicated in the above letter of the German Emperor, it is the decision coming from the Allied powers to use the bomb. Future generations will judge this dire decision...If any indiscriminate destruction of civilian life and property is still illegal in warfare, then, in the Pacific War, this decision to use the atom bomb is the only near approach to the directives of the German Emperor during the first World War and of the Nazi leaders during the second World War."

 Not surprisingly, Justice Radhabinod Pal has the status of a national hero in Japan and not just among the nationalists. Non-nationalist anti-nuclear activists derive inspiration from his take on the use of atomic weapons. A memorial in his honor is prominent in the Yasukuni shrine in Tokyo. When the former Japanese PM, Abe Shinzo visited India in August 2007, a highlight of his visit was to meet Justice Pal's octogenarian son who lives in Kolkata. After his landmark and courageous stand against group think, a stand that actually did influence the members of the Tribunal from France and the Netherlands, Justice Pal was appointed to the United Nations Internationa Law Commission where he worked until 1966, just a year before his death in 1967.

Justice Pal’s comments on the horrors of nuclear weapons are obviously quite lost on a new generation of middle-class Indians who have bought into carefully orchestrated delusions of superpower status. Their counterparts in Pakistan follow suit. The hypocritcal double-speak of those that have belonged to the pre-exising nuclear club, whether acknowledged or unacknowledged, as in the case of Israel, does not help.

Those who are familiar with Justice Pal's views and real actions on this issue will no doubt see him as a bleeding heart idealist from another generation, unhinged from reality. Others no doubt will point out to his consistent anti-colonial stance as the ideological, therefore presumably tainted and not objective motive behind his dissenting landmark judgment.

Whether President Obama’s recent comments on the desirability of nuclear disarmament were sincere or not, and one suspects it's the latter, one can only hope against hope that it will generate some momentum towards a semblance of reason and sanity. To those who will no doubt peddle the “there is no other alternative” line, there seems to be no other alternative to throwing the same line back at them. Beats throwing nuclear bombs, that every fool with an iota of commonsense knows, can ruin one's entire day and sometimes even a whole weekend.

Commonsense is in the business of peddling commonsense or so he believes, since others think of his wares as patent nonsense or even worse. He is committed to diversity, secular humanism and a live and let live attitude until he encounters religious or culturalist fundamentalists.
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#1
temporal
URL
August 12, 2009
01:06 AM

cs:

yes, there is no alternative

#2
commonsense
August 12, 2009
03:35 AM

thanks CS!

a minor, factual point. Contrary to what I write above, one of the key revisionist hitorians, Gar Alperovitz does NOT teach at UC Berkeley. He got his MA from UC Berkeley.

Instead, he is the Lionel Bauman Distinguished Professor of Political Economy at the University of Maryland, College Park and the founder member of the Institute of Politics at Harvard University.

#3
commonsense
August 12, 2009
03:43 AM

oops, i meant, thanks, Temporal!

I need some sleep....

#4
Somik Raha
URL
August 12, 2009
12:12 PM

Thank you for posting this. When I was in Tokyo, people used to ask me about Pal, and I had no clue who he was. That is when I heard about his long dissenting opinion.

#5
Morris
August 12, 2009
12:31 PM

Very good commonsense. You are making a lot of sense may or may not be common but sense for sure.

#6
commonsense
August 14, 2009
09:51 AM

Somik and Morris,

Thanks!

During my first visit to Japan, I was also asked about "Pal". I had not a clue who he was!

#7
rani laxmibai
August 14, 2009
08:10 PM

Conventional history overwhelmingly points towards Japan's top military/imperial brass' complicity in refusing to surrender. I tend to lean in that direction.

All Japan had to do was to utter the words "We Surrender!". Where is the proof that they did that? Apparantly they did not. If they had announced publicly "We Surrender", rest assured, a war weary and a jingoistic press would have gobbled it at a moments notice.

Personally, I have always wondered if the Allies had dropped the bomb close to those cities where they could have demonstrated to the Japanese the effects of a nuclear holocaust.

Might have prodded the Japanese to surrender. But we are talking about a martial culture that back in the day generally refused to accept defeat(at least the warlike elites behaved like so).

IMO, the most disturbing act post-war by the Allies was the case of General (Dr) Shiro Ishii's immunity. Here is where Desicritics' Golden Boy and the west's military industrial complex(much feared by Ike) converge, albeit for different reasons.



#8
commonsense
August 14, 2009
10:16 PM

good points you make rani laxmibai. as is evident from the general tenor of my piece, i make no claims about presenting the unvarnished truth, so to speak.

at the same time, if you take a look at Gar Alperovit's book, _The Decision To Use the Atomic Bomb, (New York: Vintage Books, 1996)._British edition (Harper Collins), you will find that he has used a number of declassified documents that were simply not available to other historians just after the war (2o year rule, until documents are de-classified). In rough summary, the points he makes, based on these documents:

1. The Japanese had decided to surrender, but the whole issue of not to be seen as bowing down to the US, since they were locked in war with them, meant they approached the Swiss govt/embassy, neutral in the war. In those days, it was not as simple to broadcast "I surrender" over Youtube. Apparently the American were upset about why the Swiss needed to be involved. And there were many negotiations with the Americans over the modality and the role of the emperor after the war. This discussion and negotiation went on for quite a while. I suggest, once again, Alperovitz's book as well as the many scholars who have criticized him for overstating his case.

2. Dr. Ishii was immune, because the Allies really wanted to get their hands on all the data Ishii had obtained as a result of his horrendous biological experiments on the Chinese POW's. The same with most of the Nazi/German doctors who got similar data from their experiments on the Jewish concentration camp prisoners. They were flown, to the US and their data helped, so to speak the American military, and later the space program too...as they had put the Jewish prisoners thru a number of stress tests, so to speak: their condition after impact, after being boiled in oil, in a vacuum etc. etc. All this is not just well documented, but is the subject of many documentaries too, since it did not happen too long ago. Once again, an issue of double-speak, double-standards, and an holier than-thou attitude of the victors.

3. Which is not to say the Allies (the power structures) were unalloyed devils and the Japanese (govt/army) were innocent victims. There was plenty of blame to go around, and that was Justice Pal's point.

4. As to why Hiroshima and Nagasaki were chosen: well, the initial target was Kyoto, and a famous professor of japanese studies at Harvard, talked the American president/generals out of it. Most big cities had been hit hard by the war, the fire-bombing etc. Hiroshima and Nagasaki were relatively unscathed. Alpervitz' point is that perhaps, and there's no way to PROVE it, is that if one wants to test a unique bomb, here was a choice target, so to speak. Immediately after the war, dozens of investigators/doctors spend months in Hiroshima/Nagasaki, documenting, analysing the effects. All the data was never released to anyone.

5. The lesson of all this is NOT that the Allies were devils and the Japanese were/are angels. It is: nuclear weapons are a dead end for everyone.

6. Even if the weapons are not used, the billions spent on them, feed the military-industrial complex and all those who benefit from it. The billions spent on this crap is simply immoral. Think of how many pints of beer these hundreds of billions of dollars could buy. Enough for all of us to get the most massive hangover ever.

#9
commonsense
August 14, 2009
10:24 PM

Laxmibai:

"Personally, I have always wondered if the Allies had dropped the bomb close to those cities where they could have demonstrated to the Japanese the effects of a nuclear holocaust."

many people have wondered this too. or why not drop them in the sea to demonstrate their effect. but then again, others who claim that this was partly for testing their effects on a large city, would argue that a real live test in a real city, against a demonized enemy was too "good" an opportunity to pass by. Who knows what the "truth" is, but certainly, we must consider all possibilities.

If you have seen the documentary _The Fog of War_ where Robert McNamara, the guy in charge of the war in Japan, and late the Defense Secretary of the US, has this to say: (PARAPHRASE)..."If we had lost the war, sure we would have been tried as war criminals...the fire bombing of Tokyo civilians which killed more people than Hiroshima and Nagasaki would be enough. But the point is that we won". I think, McNamara's point is similar to the point that Justice Pal made. A point that is lost on jingoistic Indians who have delusions of superpower status, regardless of the costs. It's not a question of being anti-American, anti-Japanese, anti-Indian or pro all of them...it's a matter of where are we headed as humans.

Disclaimer: I am not at all claiming that I have a monopoly on truth! But I would strongly recommend a read of Alperovitz's book, the only text that has actually made use of recently declassfied materials available in archives only relatively recently.

#10
commonsense
August 14, 2009
10:36 PM

Rani Laxmibai,

A piece by Richard Drayton, a history professor at Cambridge University on Dr. Ishii and other war criminals...and possible reasons why the were granted immunity even though they were the real war criminals and against humanity in general"

http://www.guardian.co.uk/politics/2005/may/10/foreignpolicy.usa

Richard Drayton, ""An ethical blank chequeBritish and US mythology about the second world war ignores our own crimes and legitimises Anglo-American warmaking""

The Guardian, May 10, 2005.


#11
commonsense
August 14, 2009
10:41 PM

a key excerpt from Drayton's piece. Nobody has ever contested the factual accuracy of what he has to say - ah, except for Dr. Ishii's daughter, who of course, denied it! I guess it addresses your question as to why Dr. Ishii was granted immunity:

""After 1945, we borrowed many fascist methods. Nuremberg only punished a handful of the guilty; most walked free with our help. In 1946, Project Paperclip secretly brought more than 1,000 Nazi scientists to the US. Among their ranks were Kurt Blome, who had tested nerve gas at Auschwitz, and Konrad Schaeffer, who forced salt into victims at Dachau. Other experiments at mind control via drugs and surgery were folded into the CIA's Project Bluebird. Japan's Dr Shiro Ishii, who had experimented with prisoners in Manchuria, came to Maryland to advise on bio-weapons. Within a decade of British troops liberating Belsen, they were running their own concentration camps in Kenya to crush the Mau Mau. The Gestapo's torture techniques were borrowed by the French in Algeria, and then disseminated by the Americans to Latin American dictatorships in the 60s and 70s. We see their extension today in the American camps in Cuba and Diego Garcia.

War has a brutalising momentum. This is the moral of Taken By Force, which shows how American soldiers became increasingly indiscriminate in their sexual violence and military authorities increasingly lax in its prosecution. Even as we remember the evils of nazism, and the courage of those who defeated it, we should begin to remember the second world war with less self- satisfaction. We might, in particular, learn to distrust those who use it to justify contemporary warmongering.

ยท Richard Drayton is senior lecturer in history at Cambridge University.""

Justice Pal was very aware of these double standards. In fact the "judge" form Netherlands raised similar objections. But then, Justice Pal was "just an Indian" and the Dutch were not really involved in the war, so presumably they were simply "idealists", not "realists"

#12
commonsense
August 14, 2009
10:46 PM

Richard Drayton making the point in a page, that Justice Pal made in 1500 pages:

""We least like to remember that our side also committed war crimes in the 1940s. The destruction of Dresden, a city filled with women, children, the elderly and the wounded, and with no military significance, is only the best known of the atrocities committed by our bombers against civilian populations. We know about the notorious Japanese abuse of prisoners of war, but do not remember the torture and murder of captured Japanese. Edgar Jones, an "embedded" Pacific war correspondent, wrote in 1946: "'We shot prisoners in cold blood, wiped out hospitals, strafed lifeboats, killed or mistreated enemy civilians, finished off the enemy wounded, tossed the dying into a hole with the dead, and in the Pacific boiled flesh off enemy skulls to make table ornaments""

The point being: there were no angels in the war. the spin on it was the spin of the victors. not surprising, but yet, important to keep in mind.

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