many would join the war immediately. A few days
later, Japanese representatives told Germany and Italy that Japan was
preparing to attack the United States, and asked for their support.
Germany and Italy agreed to do this, although in the Tripartite Pact,
Italy and Germany had undertaken to assist Japan only if she were
attacked. When the assault on Pearl Harbor did take place, the
Defendant Von Ribbentrop is reported to have been
"overjoyed", and later, at a ceremony in Berlin, when a
German medal was awarded to Oshima, the Japanese Ambassador, Hitler
indicated his approval of the tactics which the Japanese had adopted
of negotiating with the United States as long as possible, and then
striking hard without any declaration of war.
Although it is true that Hitler and his colleagues originally did
not consider that a war with the United States would be beneficial to
their interest, it is apparent that in the course of 1941 that view
was revised, and Japan was given every encouragement to adopt a
policy which would almost certainly bring the United States into the
war. And when Japan attacked the United States fleet in Pearl Harbor
and thus made aggressive war against the United States, the Nazi
Government caused Germany to enter that war at once on the side Or
Japan by declaring war themselves on the United States.
Violations of International
Treaties
The Charter defines as a crime the planning or
waging of war that is a war of aggression or a war in violation of
international treaties. The Tribunal has decided that certain of the
defendants planned and waged aggressive wars against 12 nations, and
were therefore guilty of this series of crimes. This makes it
unnecessary to discuss the subject in further detail, or even to
consider at any length the extent to which these aggressive wars were
also "wars in violation of international treaties, agreements,
or assurances."
These treaties are set out in Appendix C of the Indictment. Those
of principal importance are the following.
Hague Conventions
In the 1899 Convention the signatory powers
agreed: "before an appeal to arms . . . to have recourse, as far
as circumstances allow, to the good offices or mediation of one or
more friendly powers." A similar clause was inserted in the
Convention for Pacific Settlement of International Disputes of 1907.
In the accompanying Convention Relative to Opening of Hostilities,
Article I contains this far more specific language "The
Contracting Powers recognize that hostilities between them must not
commence without a previous and explicit warning, in the form of
either a declaration of war, giving