“The Crime of Aggression” and Japan

Abstract

This chapter surveys Japan's attitude towards the international attempt on the criminalisation of aggression, dating back to the post-First World War. It points out some key elements to understand its attitude, examining whether and how Japan's experience in the Second World War and the Tokyo Trial has had any impact. Japan has accepted the Tokyo Trial judgment through the 1951 San Francisco Peace Treaty. The focus of the Tokyo Trial was on crimes against peace, that is, the crime of aggression. Being asked about the Japanese stance, the government under the Liberal Democratic Party (LDP) responded in April 2007 by stating that they had no clear policy on the matter. Yet, they emphasized their willingness to actively participate in the discussion once they became the formal state party to the International Criminal Court (ICC). Indeed, once having become the member state, Japan became more outspoken on the crime of aggression. Keywords:crime of aggression; Japan; Liberal Democratic Party (LDP); post-First World War; post-Second World War; San Francisco Peace Treaty; Tokyo Trial