HIROSHIMA COURT. On July 25, 1945, U.S. President Truman gave the following Executive Order to the U.S. forces.

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1 HIROSHIMA COURT I (Little Boy) At 1:45 a.m. on August 6, 1945 the Enola Gay, a B-29 bomber, took off from Runway A on Tinian Island carrying the atomic bomb Little Boy. Captain Colonel Tibbets and 12 other people were on board. Two minutes after the takeoff of the Enola Gay, at 1:47 a.m., a second B29, the Great Artiste, an atomic bomb scientific observation aircraft, took off. This was followed another two minutes later, at 1:49 a.m., by a third B-29, Necessary Evil, a camera plane. Sixty eight minutes prior to the takeoff of the Enola Gay, to be precise, at 0:37 a.m. on August 6, three B-29 weather reconnaissance aircrafts took off, one after another. Straight Flush, Jabit III and Full House were heading for Hiroshima, Kokura and Nagasaki, respectively. The weather reconnaissance aircrafts preceded the other planes for the following reason. On July 25, 1945, U.S. President Truman gave the following Executive Order to the U.S. forces. "Deliver the first special bomb as soon as weather will permit visual bombing after about 3 August 1945 on one of the targets: Hiroshima, Kokura, Niigata and Nagasaki." The 'special bomb' means an atomic bomb. In the Executive Order, the "weather that permits visual bombing" was an absolute requirement for dropping the atomic bomb. This was due to a technical reason at that time. Although B-29 airplanes were equipped with the Norden bombsight which was state-of-the-art at that time, visual bombing was essential to drop an atomic bomb with accuracy from almost 10,000 meters since the weather was ever-changing because of typhoons passing over Japan in early August. Visual bombing was required to take aim at the target accurately. At the time of the takeoff of the Enola Gay, whether the weather in Hiroshima could permit visual bombing was not confirmed. As Niigata was removed from the targets on August 3, the weather reconnaissance aircrafts went first to Hiroshima, then Kokura and Nagasaki to see where visual bombing would be

2 possible. When was it decided to drop an atomic bomb on Hiroshima from these three cities? The weather reconnaissance aircraft 'Straight Flush' being ahead, sent a coded report on the weather conditions in Hiroshima to the 313th Bombardment Wing on Tinian Island at 7:15 a.m. The code was "Y-3, Q-3, B-2, C-1". The meaning of the code: "Less lower cloud cover between four-tenths and seven-tenths, thin middle and high cloud cover between four-tenths and seven-tenths, rarefied high cloud cover between one-tenth and three-tenths. Advice: bomb primary target." Major Claude Eatherly, captain of the weather reconnaissance aircraft, recommended bombing Hiroshima, and the Enola Gay intercepted this weather report at the same time. Thus, the atomic bombing on Hiroshima was determined. It was one hour before dropping the atomic bomb and the Enola Gay was flying over Shikoku, Shiono-misaki and the southern sea towards Hiroshima. Colonel Tibbets, captain of the Enola Gay, announced to all crew that it was decided that their mission would be to drop the atomic bomb on Hiroshima. II To see how the Enola Gay actually flew, after taking off from Tinian Island until the atomic bombing on Hiroshima, the route and altitude of the seven-hour flight path of the Enola Gay will be tracked. As to the route, after taking off from Tinian Island, the Enola Gay flew over the north end of Saipan and Iwo Island, then passed over the eastern area of Shikoku towards northwest, and flew in over Hiroshima from Mihara. As to the altitude, ten minutes after its takeoff from Tinian Island, the Enola Gay passed over the north end of Saipan at an altitude of 1,400 meters, proceeded at the same altitude and gained altitude to 2,800 meters just before reaching Iwo Island. Then, the Enola Gay kept flying at the same altitude until it soared up to a bombing altitude of 9,400 meters right after passing a latitude of 29 degrees north, a southern direction from Shiono-misaki, Shikoku, passed over the eastern area of Shikoku towards the northwest flying level, and then flew in over Hiroshima from Mihara. There was no interception from Japanese Army fighters nor any anti-aircraft fire. The Enola Gay went into 'bombing mode' over Mihara. At 8:09 a.m., the Enola Gay viewed Hiroshima city. The altitude of the Enola Gay at that time was 9,632 meters and it dropped three radiosondes for

3 observation. At 8:12 a.m., the Enola Gay set the T-shaped bridge, Aioibashi in Hiroshima City, in the Norden bombsight as the drop target. Thus, at 8:15:17 a.m. on August 6th, the atomic bomb Little Boy was dropped, and after 43 seconds, detonated the nuclear explosion at an altitude of approximately 600 meters. Little Boy was 3.12 meters long, with a maximum diameter of 0.75 meters and a weight of approximately 5 tons. Little Boy was a gun barrel-type weapon that detonates by exceeding critical mass. Both sides of a pipe installed in the center of the bomb are filled with uranium 235. The uranium in one side of the pipe is bombarded with the mass of uranium in the other side of the pipe by using the explosive power of gunpowder. It is presumed that 1 kg out of the 50 kg provided in Little Boy caused the nuclear fission reaction, which reached a high temperature of 1 million C at the moment of the explosion. As planned, the Enola Gay made a sharp turn of 150 degrees to the right at the time of the atomic bombing to avoid the shock wave and thermal blast, and drew away from the site. According to the testimony of the crew, while turning to the right the Enola Gay's body shook powerfully from the initial blast caused immediately after the nuclear explosion, and the secondary blast caused by the reflection on the ground of the primary blast, but the aircraft suffered no damage to its body. Turning to the right to reduce the blast to the aircraft caused by the nuclear explosion was an ingenious use of aerodynamics. In Hiroshima City were non-combatants, including women, children and pregnant women: 78,150 were killed instantly and 51,408 were injured. For a few kilometers from ground zero, houses were blown away or burned down, corpses were scattered, and wounded people were groaning. In the rivers around ground zero, which was literally the scene of an inferno, there were many bodies lying over one another that had jumped into the rivers craving water. The burned area was 13.2 million square meters, and 61,820 houses were completely burned down or destroyed. The nuclear bomb caused damage that cannot be compared with that of conventional weapons. A special characteristic of an atomic explosion is the release of a large amount of energy when the nucleus is split, and its shock wave, thermal blast and radiation make its destruction and killing power significantly greater than conventional weapons. Based on these points, an atomic bomb has fundamentally different properties and it is an inhumane, demonic weapon.

4 III (Celebration Party) After dropping the atomic bomb on Hiroshima, the Enola Gay returned to Tinian Island at 14:58. For the world's first successful atomic bombing, the captain of the flight, Army Colonel Tibbets, was awarded the Distinguished Service Cross, and the other 12 crew members were awarded the Silver Star. That night, a big party was organized and it was a jubilant celebration. Humans can toast and praise such action, and decorate them, even after instantly killing tens of thousands of people with an atomic bomb, including women and children, and even though tens of thousands more people were still writhing in pain at the time. Every religion prays for world peace. But without positive action isn't prayer just a wish? Just before the captain and other crew got on board the Enola Gay, a Catholic priest and a Protestant priest performed religious rites from 22:00 and 22:30, respectively. The priests prayed for the success of their mission and their safe return. The commander of the 313th Bombardment Wing on Tinian Island reported to the Department of War by sending an urgent top secret coded telegram (APMCR5219). "Target at Hiroshima attacked visually 1-10th cloud at Z [060830J]. No fighters and no flak.... Results clear-cut, successful in all respects. Visible effects greater than Trinity. Conditions normal in airplane following delivery...." Detailed documentary color photographs of the atomic bombing were taken by the third airplane, which served as a camera plane. However, they failed in development and no photographs exist. The famous photo of the atomic bombing of Hiroshima, of the mushroom cloud rising high into the sky, was taken by Harold Agnew, a scientist, on the second airplane, the Great Artiste, using an 8 mm video camera. This is the first and only footage of the scene about three minutes after the explosion of the atomic bomb. The footage shows that the report on the weather conditions in Hiroshima sent by the weather reconnaissance aircraft 'Straight Flush' to the 313th Bombardment Wing on Tinian Island at 7:15 a.m., was accurate.

5 IV (The Manhattan Project) The production of atomic bombs was developed by the Manhattan Project. The Manhattan Project began by a letter dated August 2, 1939 from Einstein to U.S. President Roosevelt. In that letter, Einstein urged him to promote research and development to avoid being beaten by Germany in the race to produce a new type of powerful bomb utilizing uranium. "Based on recent research, it may become possible to set up a nuclear chain reaction in a large mass of uranium, by which vast amounts of power and large quantities of new radium-like elements would be generated. Now it appears almost certain that this could be achieved in the immediate future. This phenomenon would also lead to the construction of bombs, and it is conceivable that extremely powerful bombs of a new type may thus be constructed.... I understand that Germany has actually stopped the sale of uranium from the Czechoslovakian mines which she has taken over...." The President sent the following letter to Professor Einstein on October 19, "My dear Professor: I want to thank you for your recent letter and the most interesting and important enclosure. I found this data of such importance that I have convened a Board consisting of the head of the Bureau of Standards and a chosen representative of the Army and Navy to thoroughly investigate the possibilities of your suggestion regarding the element of uranium. I am glad to say that Dr. Sachs will cooperate and work with this Committee and I feel this is the most practical and effective method of dealing with the subject. Please accept my sincere thanks. Very sincerely yours, Franklin D. Roosevelt The Los Alamos National Laboratory was built in a valley in New Mexico for research and development of the atomic bomb, and Oppenheimer (a physics professor at the University of California and Massachusetts Institute of Technology) became its first director and head. In April 1943, a large number of scientists were convened and 9,000 employees were engaged in this work. Two atomic bombs were designed in this laboratory, namely "Little Boy" using uranium 235 (Hiroshima-type) and "Fat Man" using plutonium 239 (Nagasaki

6 -type ). An atomic bomb built by the Manhattan Project was successfully detonated at the test site in Alamogordo on July 16. The Nevada Test Site is located in the Nevada Desert in Nevada, about 105km northwest of Las Vegas. Specifically, how was the atomic detonation carried out? Surprisingly, it was carried out by firing the atomic shell by cannon. Its nuclear yield was 12.5 kilotons, the same as the one dropped on Hiroshima. President Truman was in Potsdam when he learned that the nuclear test was successful. (Order to Drop the Atomic Bomb) As soon as the atomic bomb was successfully detonated at the test site in Alamogordo on July 16, it was reported to President Truman in Potsdam. Henry L. Stimson, Secretary of War, George C. Marshall, Chief of Staff of the United States Army, and Henry H. Arnold, General of the Army and Air Force were also attending the conference in Potsdam with President Truman, and they immediately commenced final discussions toward the atomic bombing of Japan. The same discussion was also held in Washington. Stimson received an appeal on July 21 from the vice-chairman of the Interim Committee, in Washington, George L. Harrison, for the reassignment of Kyoto as the first target for the atomic bombing. Harrison made this appeal because Groves, who was head of the Manhattan Project, and others, could not give up Kyoto. The lawyer-turned-secretary of War, however, firmly turned down his appeal. It was ordered on July 22 to remove Kyoto and add Nagasaki as a replacement for Kyoto. Groves protested over the decision claiming that Nagasaki was not advisable as a target of the atomic bombing but in the end his protests were not accepted. On July 24, after repeated negotiations between Stimson, Marshall and Arnold in Potsdam and Groves, Carl A. Spaatz and Thomas T. Handy in Washington, Handy signed the order on behalf of the Chief of Staff of the United States Army, approved by Stimson and Marshall, and the order to drop an atomic bomb on Japan was handed over in Washington to the Commander of Army and Strategic Air Forces, Spaatz. The order was dated July 25, which was the day before the Potsdam Declaration. The bombing targets were fixed: Hiroshima, Kokura, Niigata and Nagasaki. Before actually dropping the atomic bombs, the US Air Force had been dropping

7 mock atomic bombs ("Pumpkins") from July 20, The dropping of Pumpkins was bombing training, giving actual fighting experience to the crew to destroy targets accurately. The Pumpkin was a large high-explosive bomb, the same size as the Nagasaki atomic bomb. It was commonly called "Pumpkin" due to its dumpy round shape and orange-yellow painted color. The standard bomb of the US Forces was 4,000 pounds (2 tons), however the Pumpkin weighed 10,000 pounds (5 tons) filled with 5,500 pounds of TNT. Hence, only one bomb could be loaded on a B-29, like an actual atomic bomb, though it was a mock one. When dropped on a target the damage was enormous as compared to the standard bomb. In the end, a total of 49 Pumpkins were dropped on various regions of mainland Japan, including Tokyo and Osaka. On July 25, as the 509th Composite Group was dropping the Pumpkins, the Potsdam Conference was in session, and the order to drop atomic bombs was delivered to General Carl A. Spaatz, who was about to leave for Guam as the Commander of Army Strategic Air Forces. In this final order, Hiroshima, Nagasaki, Kokura and Niigata were designated as the targets. The atomic bombs were constructed in the United States, disassembled and tightly packed, and then loaded onto the heavy cruiser 'Indianapolis' in San Francisco on July 16, The cruiser left the port for Tinian Island, which was the base for bombing the Japanese mainland. They were transported by the heavy cruiser to ensure safety because if they were transported by airplanes they would be irreparable if any unexpected circumstances such as collision occurred on the way. As soon as the cruiser arrived at Tinian Island, the atomic bombs were offloaded and assembled under strict security. July 25 - President Truman ordered the atomic bombing on Japan, which was the "atomic bombing when the weather permits visual bombing" mentioned earlier in this chapter. July 26 - The heavy cruiser 'Indianapolis' reached Tinian Island. July 31 - The construction of Little Boy was completed. August 5 - The loading of Little Boy onto a B-29 bomber was completed. The bomber was named the Enola Gay, which is the name of the captain's (Army Colonel Tibbets' ) mother. Thus, at 1:45 a.m. on August 6, 1945, the B-29 Enola Gay, carrying the atomic bomb 'Little Boy', took off from Tinian Island for Hiroshima.

8 HIROSHIMA COURT The 1st Session The first session of the Hiroshima Court was held at a court in Hiroshima at 8:15 a.m. on August 6, Court: The Atomic Bomb Dome Presiding judge: Hitoshi Toda Judges: Ichiro Suzuki, Kinji Kato Prosecutors: Taro Sato, Kentaro Inoue Defense counsel: Kathryn Kennet, lawyer Defendant: Harry S. Truman Occupation: Former President of the United States Date of birth: May 8, 1884 The presiding judge declared the court to order: "The first session of the Hiroshima Court is now in session." He then requested the prosecution to read the indictment: "Will the prosecution please read the indictment." A prosecutor stood up and read the indictment: "The Defendant, as the President of United States, issued on July 25, 1945 the Executive Order, 'Deliver the first special bomb (atomic bomb) as soon as weather will permit visual bombing after about 3 August 1945 on one of the targets: Hiroshima, Kokura, Niigata and Nagasaki,' and on August 6, had the Enola Gay (B-29) drop the "special bomb" (atomic bomb) on Hiroshima, which detonated an explosion at an altitude of 600 meters and killed 78,150 and injured 51,408 citizens of Hiroshima City. Charged offense: Crimes against peace of humankind and massacre." The defense counsel suddenly got up and shouted: "Objection! Your Honor. I object to this trial. This Court has no legally justifiable grounds to sit in judgment on the Defendant. This Court has no grounds to exist under Japanese law nor any international law." The defense counsel was the U.S. Ambassador to Japan. The prosecutor suddenly got up and said: "I am reading the indictment now..." and tried to continue making his statements. The defense counsel thundered out, "I am talking now. You should stop talking, Prosecutor!" The presiding judge then asked the defense counsel to continue: "Prosecutor, please wait for a moment. Defense Counsel appears to have an opinion on the

9 grounds for the existence of this court. Let's hear the opinion of Defense Counsel first. Defense Counsel, please continue." The defense counsel continued and insisted: "According to my research, establishing this kind of court to try a personal and individual case is not recognized under Japanese law, and surely not under any international law. The International Criminal Court (ICC) and the International Court of Justice (ICJ) will certainly not recognize it either. Furthermore, 70 years have already passed from the time the atomic bomb was dropped on Hiroshima, and 43 years have passed since the death of Harry S. Truman. The statute of limitations has expired for all alleged crimes. Therefore, this trial is a personal and retributive trial and should be suspended immediately." The presiding judge explained: "I understand your opinion well, Counsel. I will state the view of this court. Nuclear weapons are the greatest evil humankind has ever created. It is against the principle of justice in law to leave a person who used nuclear weapons and killed thousands of people to go unpunished. It should be understood that any person who has used nuclear weapons, without exception, may be prosecuted at any time throughout the ages by anybody. This may be beyond comprehension from the viewpoint of conventional legal theories. But, no person, state, treaty or religion can stop this Hiroshima Court. As you know, international criminal offences may be committed by any individual who is under the jurisdiction of the ICC, including crimes committed by the head of any state or Member of Parliament. Naturally, the head of the United States, England, France, Russia, China or any other State is subject to trial. Therefore, this court is justifiable. Now, we will continue this trial." "Your Honor!" the defense counsel shouted and stood up and tried to say more. The presiding judge immediately stopped her and said: "Counsel! I understand you have your opinion. I will hear your opinion fully later, but now, we will continue this trial. Prosecutor, please continue reading the indictment." The prosecutor read the indictment. The presiding judge asked the Defendant: "Have you been served with an indictment?" "Yes, I have," replied the Defendant. The presiding judge said, "Please state your plea on the 'charged facts' stated in the indictment." "I am not guilty." the Defendant pleaded. The presiding judge then said to the defense counsel, "Counsel, please state your opinion." The defense counsel answered strongly, "The Defendant is not guilty." She

10 asserted, in summary, that: "As stated earlier, 70 years have already passed from the time the atomic bombs were dropped, and the statute of limitations has expired for all alleged crimes. 43 years have already passed since the Defendant's death. Moreover, the Defendant has executive privilege and this trial should be immediately suspended and the prosecution should be dismissed. The Defendant ordered to drop the atomic bombs to swiftly end the war in order to save the lives of many soldiers and civilians. Furthermore, the Defendant has executive privilege, and this Court lacks authority to sit in judgment on the Defendant." The presiding judge declared: "We will now adjourn this trial and the second hearing is set to start at 8:15 a.m., August 22, At the next hearing, the prosecution should submit a written 'Opening Statement' and the defense counsel should submit a written 'Opinion Statement.' Today's first hearing is now adjourned." HIROSHIMA COURT The 2nd Session The second session of the Hiroshima Court was held at a court in Hiroshima City on August 22, The judges, prosecutors, defense counsel and Defendant in attendance were all the same as previously. The presiding judge declared the court to order for the second hearing. The presiding judge said: "Today, we request the prosecution to submit their 'Opening Statement' and the defense counsel to submit their 'Opinion Statement' We also request both to state a summary of these statements." One of the prosecutors took out two copies of the "Opening Statement" and handed one copy to the judge and one copy to the defense counsel. The defense counsel received the copy without a word. A prosecutor provided a summary of the statement: "The Opening Statement consists of six paragraphs. The first paragraph states our view on the grounds for the existence of this court, as, during the last hearing, Defense Counsel expressed her opinion on this issue. Our view is basically the same as the view of the presiding judge. In short, the grounds for the existence of this court derive from the fact that, although massacre by nuclear weapons is clearly the most serious crime in the history of mankind, there has been no venue to try the crime, nor any organization or methods to enforce judgment.

11 Nuclear weapons' destructive capability and lethal force is far beyond the capacity and force of conventional weapons, and there is no legal doctrine that can apply to a crime related to nuclear weapons. The current Criminal Code, Code of Criminal Procedure, and even legal doctrines established by the International Criminal Court (ICC) are unable to deal with this crime. There is no legal doctrine or court that can punish an offender of a crime beyond its capacity. The only court that can punish an offender of such crime beyond the capacity of other courts is this 'Hiroshima Court'. 'Hiroshima Court' is the court that deals with the criminal nature of nuclear weapons.' Nuclear weapons are the greatest evil humankind has ever created in its history. There is no other court that can punish a person who has used such weapons. The ICC does not assume the use of nuclear weapons by a state. But, it is against the principle of justice in law to leave anyone who has used nuclear weapons and killed and injured thousands of people unpunished, even if that person was the President of the United States. We should accept the view that any person who has used nuclear weapons, without exception, must be subject to prosecution at any time throughout the ages by anybody. This may be beyond comprehension from the viewpoint of conventional legal theories. But, no person, state, treaty or religion can stop this Hiroshima Court. International crimes committed by any individual under the jurisdiction of the ICC includes crimes committed by the head of any state or Members of Parliament. And, naturally, the head of the United States, England, France, Russia, China or any other state are subject to such a trial. There could be a view that this theory does not apply to a massacre by nuclear weapons committed by the head of a state, as the execution of the will of the state. However, any person who used nuclear weapons for a massacre must be, without exception, prosecuted at any time throughout the ages by anybody. Therefore, this trial is completely different in nature from a retributive trial, and this court is justifiable. The facts and background of this case that support the charges against the Defendant are stated in the second paragraph. The second paragraph explains the Defendant's background, that is, the Defendant, Harry S. Truman was the Vice President, and became president after the death of President Roosevelt on April 12, 1944 on the same day. The third paragraph explains that the Defendant carried on the policy to produce atomic bombs pushed ahead by President Roosevelt. The fourth paragraph explains that the Defendant himself issued the order to drop an atomic bomb, more precisely, the Defendant issued on July 25, 1945 the Executive Order to the US forces, 'Deliver the first special bomb as soon as weather will permit visual bombing

12 after about 3 August 1945 on one of the targets: Hiroshima, Kokura, Niigata and Nagasaki.' The fifth paragraph explains the actual execution of the atomic bombing: the Defendant had the Enola Gay, a B-29, drop a 'special bomb', an atomic bomb, on Hiroshima on August 6, and cause the bomb to detonate at an altitude of 600 meters. The sixth paragraph explains that the Defendant caused a large number of deaths and injuries, i.e. had 78,150 citizens of Hiroshima City killed and 51,408 injured. Therefore, the Defendant is guilty." The legal theory to punish an atomic bomb massacre cannot be derived from the current theories of criminal law. Particularly in the case of Harry S. Truman, there are difficult issues to be dealt with. Is it possible to execute a dead person? Is execution by radiation feasible? The defense counsel took out two copies of its "Statement of Opinion" and handed out one copy each to the presiding judge and the prosecution. The defense counsel said, "Our opinions are as stated in this 'Statement of Opinion.'" The presiding judge asked the defense counsel: "The Defense Counsel's 'Statement of Opinion' has 75 pages. We will read it thoroughly later, but could you provide the Court with a summary please?" The defense counsel made its summary as follows: "Our 'Statement of Opinion' consists often chapters. Chapter 1: The prosecution emphasizes that using a nucleus is evil. But that idea is wrong. We are making counterarguments to this point in this chapter. Peaceful uses, such as for nuclear power generation and for medical purposes, have spread widely. The theory that using a nucleus is evil is an insult to scientists. Chapter 2: Unlike the International Criminal Court (ICC), the Hiroshima Court is not a court recognized under international law. This Court has no authority to try a case of atomic bombing without a resolution of the United Nations. Chapter 3: The Defendant has executive privilege and this Court lacks authority to sit in judgment on the Defendant. The Defendant was in the position of the President of the United States at the time he ordered the dropping of an atomic bomb on Hiroshima. Therefore he had executive privilege, and this Court lacks authority to sit in judgment on the Defendant, assuming for the sake of argument, that the Defendant is guilty. The Defendant is immune from all alleged crimes. Chapter 4: The Defendant died on December 26, 1972, and no court can rule

13 a deceased person guilty of any crime. Chapter 5: The production of atomic bombs was promoted by the Manhattan Project. The actual production was decided when President Roosevelt was in office. At that time, Harry S. Truman was the Vice President and as President Roosevelt died on April 12, 1945, he assumed the office of the President on the same day. Therefore, it is wrong to hold only Harry S. Truman responsible. Chapter 6: Dropping atomic bombs was promoted according to the planned policy, and the order to drop an atomic bomb was in line with that policy. Chapter 7: The order to drop atomic bombs was issued to prevent a large number of war dead during an amphibious operation and to prevent casualties to civilians. At that point, Harry S. Truman was facing the alternative of an atomic bomb or an amphibious operation. If an amphibious operation had been carried out, many more casualties than those by atomic bombing would have been caused. Further, the atomic bombing was not only for military purposes against Japan but also for politically intimidating the rapidly emerging Soviet Union. The Defendant did not drop the atomic bombs with personal intention. Chapter 8: There is no objective evidence proving that the Defendant had 78,150 civilians in Hiroshima City killed and 51,408 injured by the atomic bombing. Chapter 9: Seventy years have already passed since the day of the atomic bombing, and therefore assuming for the sake of argument, that the Defendant is guilty, the statute of limitations has expired, and therefore the Defendant is not guilty. Chapter 10: Japan waived all claims under Article 19(a) of the Treaty of Peace with Japan. This treaty has already been ratified, and Japan cannot prosecute the Defendant. The main point of the 'Statement of Opinion' is that, in short, 'the Defendant is not guilty,' because the Defendant ordered the dropping of the atomic bombs to swiftly end the war. In addition, the Defendant is already dead, and seventy years have already passed since the day of the atomic bombing, and this Court lacks authority to sit in judgment on the Defendant." The presiding judge said, "We will now adjourn today's trial, and the third hearing is set to start at 8:15 a.m., September 22, At the next hearing, I will request the prosecution and the defense to submit evidence and call witnesses." Thus the second hearing was adjourned. HIROSHIMA COURT The 3rd Session

14 The third session of the Hiroshima Court was held at a court in Hiroshima on September 22, The judges, prosecutors, defense counsel and defendant in attendance were all the same as previously. The presiding judge declared the court to order for the third hearing. The presiding judge said, "Today, for the prosecution, please submit your evidence and call your witnesses, and Defense Counsel, please submit your evidence and call your witnesses, and state a summary." The prosecution submitted their evidence listed in the attached list of evidence and called their witnesses, to prove that the Defendant is guilty. The defense counsel submitted the evidence listed in its attached list of evidence and called its witnesses, to prove that the Defendant is not guilty. The presiding judge said, "We will now adjourn today's trial, and the fourth hearing is set to start at 8:15 am., October 22, At the next hearing, witnesses called by the prosecution and witnesses called by the defense will be examined." The third hearing was adjourned. HIROSHIMA COURT The 4th Session The fourth session of the Hiroshima Court was held at a court in Hiroshima City on October 22, The judges, prosecutors, defense counsel and defendant in attendance were all the same as previously. The presiding judge declared the court to order for the fourth hearing. The presiding judge said, "Today, we will hear testimony from each witness called by the prosecution and by the defense. Each witness, please step forward." The prosecution examined their witnesses called to prove that the Defendant is guilty. The defense counsel examined the witnesses she called to prove that the Defendant is not guilty. The presiding judge said, "We will now adjourn today's trial, and the fifth hearing is set to start at 8:15 a.m., November 22, At the next hearing, I will request the prosecution and defense to each make their closing arguments." The fourth hearing was adjourned.

15 HIROSHIMA COURT The 5th Session The fifth session of the Hiroshima Court was held at the Atomic Bomb Dome in Hiroshima City on November 22, The judges, prosecutors, defense lawyer and defendant in attendance were all the same as previously. The presiding judge declared the court to order and explained the day's proceedings, "The fifth hearing is now in session. Today, we will hear the closing arguments for the prosecution and the defense." The presiding judge then asked the prosecutor: "Will the prosecution please make your closing arguments." The prosecutor stood up and submitted a 35-page "Closing Statement" and read the summary. "The Defendant, the President of United States, issued on July 25, 1945 the Executive Order to the U.S. Forces: 'Deliver the first special bomb as soon as weather will permit visual bombing after about 3 August 1945 on one of the targets: Hiroshima, Kokura, Niigata and Nagasaki,' and had the Enola Gay, a B-29, drop the 'special bomb' an atomic bomb, on Hiroshima City on August 6, which detonated the explosion at an altitude of 600 meters and killed 78,150 citizens of Hiroshima City and injured 51,408. Having received the report on the successful nuclear test carried out on July 16, 1945, President Harry S. Truman conferred on using atomic bombs against Japan with Secretary of War Henry L. Stimson, Secretary of State James F. Byrnes, General of the Army and Air Force Henry H. Arnold, and Chief of Staff of the United States Army George C. Marshall, who were all staying in Potsdam with the President for the purpose of attending a conference for discussing the 'Potsdam Declaration,' which was being held from July 16, Originally, Marshall, as Chief of Staff of the United States Army, was the one who should have issued the order to drop atomic bombs approved by the President, however, the President had Thomas T. Handy issue the order on July 25, 1945 on behalf of the Chief of Staff of the United States Army, with the approval of the President since Marshall was not in Washington. Thomas T. Handy, acting Chief of Staff of the United States Army, on behalf of Marshall, the Chief of Staff of the United States Army, issued the order to drop atomic bombs addressed to Carl Spaatz, the Commander of Army and Strategic Air Forces. Spaatz conveyed the order to the Commander of the 20th Bombardment Group,

16 Curtis E. LeMay, and LeMay met with Farrell, Persons, Tibbets and Ashworth in Guam on August 1, 1945 and discussed the detailed plan for the atomic bombing. At 1:45 a.m. on August 6, 1945, United States Army Colonel Paul Tibbets had the B-29 bomber Enola Gay take off from Tinian Island and drop the bomb at 8:15 a.m. on the same day. These facts have been proven by evidence and the testimony of the witnesses submitted by the prosecution. The Defendant, Harry S. Truman is guilty. There is no other punishment that can be selected as an appropriate punishment for the Defendant, but the "death penalty". Therefore, we recommend the death penalty. We recommend that the Defendant be executed in a manner that reflects the nature of the charge the use of the atomic bomb. In history, humans have used beating, hanging, shooting, poisoning, quartering, beheading by guillotine, and the like, as methods of execution. In this Court, considering that the massacre using an atomic bomb is the most serious crime, we demand that the method of execution be one that befits this crime, which is execution by radiation. Charged offense: Crimes against peace of humankind, crimes against humanity and the crime of massacre". The defense counsel submitted a 75-page "Closing Statement" and read the summary. The defense counsel began her speech by emphatically saying, "The Defendant is not guilty." Then she asserted emphatically: "Therefore, there is no way we can accept the prosecutor's recommendation of the death penalty against the Defendant, even more so execution by radiation as a method of execution for the crime of massacre by atomic bombing. Such method is unprecedented and absolutely unacceptable." The defense counsel defended the Defendant on behalf of the United States, and stated the summary as follows: "At the time the atomic bomb was dropped on Hiroshima, the Defendant was in the position of President of the United States, and therefore had the right of executive privilege, and this Court lacks authority to sit in judgment on him, assuming for the sake of argument, that the Defendant is guilty. The Defendant is immune from all alleged crimes. The Defendant died on December 26, 1972, and no court can rule a deceased person guilty of any crime.

17 The order to drop atomic bombs was issued to swiftly end the war in order to prevent a large number of war dead by an amphibious operation and prevent casualties to civilians. At that point, Harry S. Truman was facing the alternative of the atomic bomb or an amphibious operation. If an amphibious operation had been carried out, many more casualties than those by atomic bombing would have been caused. Further, the atomic bombing was not only for military purposes against Japan but also for politically intimidating the rapidly emerging Soviet Union. The Defendant did not drop the atomic bombs with personal intention. It was pointed out that the Defendant committed the massacre. However, it is doubtful whether Harry S. Truman had criminal intent regarding the massacre. This massacre causing 78,150 non-combatants dead and 51,408 injured, was not objectively proved. Seventy years have already passed since the day of the atomic bombing, and therefore assuming, for the sake of argument, that the Defendant is guilty, the statute of limitations has expired, and therefore the Defendant is not guilty. Japan waived all claims under Article 19(a) of the Treaty of Peace with Japan. 'Japan waives all claims of Japan and its nationals against the Allied Powers and their nationals arising out of the war or out of actions taken because of the existence of a state of war, and waives all claims arising from the presence, operations or actions of forces or authorities of any of the Allied Powers in Japanese territory prior to the coming into force of the present Treaty.' The presiding judge said, "We will now adjourn today's trial, and the fifth hearing is set to start at 8:15 a.m., December 22, At the next hearing, we will render a judgment." The fifth hearing was adjourned. HIROSHIMA COURT The 6th Session The sixth session of the Hiroshima Court was held at the Atomic Bomb Dome in Hiroshima City on December 22, The judges, prosecutors, defense lawyer and defendant in attendance were all the same as previously. The presiding judge sentenced the defendant based on the judgment.

18 Text of Judgment The Defendant, Harry S. Truman, shall receive the death sentence. The Court orders that the Defendant shall be executed in a manner that reflects the nature of the charge the use of the atomic bomb against humankind. In history, humans have used beating, hanging, shooting, poisoning, quartering, beheading by guillotine and the like as methods of execution. Considering that the mass murder and assault that killed 78,150 and injured 51,408 non-combatants is the most serious crime in the history of mankind, the Court has reached the conclusion that the method of execution must be one that befits this crime. Accordingly, the Court orders that the death sentence will be carried out by "radiation execution". Ratio Decidendi (Findings of Fact Found by the Court) The findings in this Court from the related evidence are as follows. No one contests that the Defendant, Harry S. Truman, as the US President, issued on July 25, 1945 the Executive Order, "Deliver the first special bomb as soon as weather will permit visual bombing after about 3 August 1945 on one of the targets: Hiroshima, Kokura, Niigata and Nagasaki." It is an historical fact as well that an atomic bomb was dropped on Hiroshima on August 6, 1945 by this Executive Order, and a large number of citizens including women and children were killed. The production of atomic bombs was promoted by the Manhattan Project. The Manhattan Project began by a letter dated August 2, 1939 from Einstein to U.S. President Roosevelt. In the letter, Einstein urged him to promote research and development to avoid being beaten in the race by Germany in producing a new type powerful bomb utilizing uranium. Roosevelt convened the board of investigation (consisting of the Bureau of Standards and representatives of the Army and Navy) to investigate the possibilities of the request regarding the element of uranium. Next, the Los Alamos National Laboratory was built in New Mexico for research and development of the atomic bomb, and Oppenheimer (physics professor at University of California and Massachusetts Institute of Technology) became the first director and head. In April 1943, a large number of scientists were gathered and 9,000 employees were engaged in this work. Two atomic bombs (specifically "Little Boy" using uranium 235

19 "Hiroshima-type" and "Fat Man" using plutonium 239 "Nagasaki-type") were designed in this laboratory. The first test of a nuclear explosion was carried out by firing the atomic shell by a M65280 cannon. It was not an aerial dropping. However, its nuclear yield was 12.5 kilotons, the same as that of the one dropped on Hiroshima. The report that the atomic bomb was successfully detonated at the test site in Alamogordo on July 16, 1945, was immediately sent to President Harry S. Truman. President Truman was staying in Potsdam at that time, for the purpose of attending a conference for discussing policies toward the 'Potsdam Declaration' for Japan, which was being held from July 16, President Harry S. Truman immediately conferred with Secretary of State James F. Byrnes, Secretary of War Henry L. Stimson, General of the Army and Air Force Henry H. Arnold, and Chief of Staff of the United States Army George C. Marshall, accompanying him, and decided to use atomic bombs against Japan. Meanwhile, the use of atomic bombs against Japan was also being discussed in Washington. The vice-chairman of the Interim Committee, George L. Harrison, in Washington strongly recommended to Secretary of War Stimson to set the primary target of atomic bombing as Kyoto on July 21, but it was refused and Nagasaki was added instead. Kyoto was spared and Nagasaki became a target. The US Air Force started dropping mock atomic bombs "Pumpkins" on targets of the Japanese mainland from July 20, The purpose of dropping Pumpkins was to provide the crew with a sense of mental readiness and actual fighting experience by destroying targets accurately. The Pumpkin was a specially designed large explosive bomb with the same shape, size and weight as the Nagasaki atomic bomb 'Fat Man'. It was called Pumpkin due to its dumpy round shape and orange-yellow paint colour. The standard bomb of the US Forces was a maximum 4,000 pounds (2 tons), however the Pumpkin weighed 10,000 pounds (5 tons) filled with 5,500 pounds of TNT. Accordingly, only one bomb could be loaded on a B-29, like an actual atomic bomb, though it was a mock one. Three contact fuses called "AN-MK219" were arranged at an angle of 120 degrees around the nose of the bomb. The damage was enormous when it hit a target. In July, a total of 38 planes made sorties and 37 Pumpkins were dropped on various regions of the mainland of Japan. One plane failed to drop the bomb and disposed of it into the Pacific Ocean. In August, 13 planes made sorties and dropped a total of 12 Pumpkins (5 bombs on the 8th and 7 bombs on the 14th). The reason why the total number is not 13 is that one plane failed to drop the bomb and brought the Pumpkin back to the base. As the result, a total of

20 49 Pumpkins were dropped on various regions of the mainland of Japan including Tokyo and Osaka. On July 25, with the 509th Composite Group dropping the Pumpkins and the Potsdam Conference being in session, the order to drop the atomic bombs was delivered to General Carl A. Spaatz, who was about to leave for Guam as the Commander of Strategic Air Forces. In this final order, Nagasaki was designated as a target of atomic bombing along with Hiroshima, Kokura and Niigata. Now, how was the order to drop atomic bombs delivered? President Harry S. Truman, Secretary of War Henry L. Stimson, Secretary of State James F. Byrnes, General of the Army and Air Force Henry H. Arnold, and Chief of Staff of the United States Army George C. Marshall were all staying in Potsdam, for a meeting to prepare the 'Potsdam Declaration', which had commenced from July 16, Having received the report on the successful nuclear test carried out on July 16, 1945, they had urgent talks about the use of atomic bombs against Japan. Originally, Marshall, as Chief of Staff of the United States Army, was the one who should have issued the order to drop atomic bombs approved by the President, however, Thomas T. Handy issued the order on July 25, 1945 on behalf of the Chief of Staff of the United States Army, with the approval of the President since Marshall was not in Washington. Thomas T. Handy, acting Chief of Staff of the United States Army, issued the order to drop atomic bombs addressed to Commander of Army and Strategic Air Forces Carl Spaatz on behalf of the Chief of Staff of the United States Army, Marshall. Spaatz conveyed the order to the Commander of the 20th Bombardment Group, Curtis E. LeMay, and LeMay discussed the detailed plan for the atomic bombing with Farrell, Persons, Tibbets and Ashworth. When and with what criteria were the targets of atomic bombing chosen? The 509th Composite Group was organized on December 17, 1944 to carry out the atomic bombing plan, and the bombing plan was started to be drawn up under the direction of Commanding General of Army and Air Forces Henry Arnold. In December 1944, Captain William S. Parsons proposed to send an engineer officer to the Pacific Area Strategic Joint Intelligence Committee in Pearl Harbor in order to obtain information about bombing targets, and Frederick L. Ashworth was sent to it. In 1945, after a great deal of consideration on the basis of selection of the targets by the Military Policy Committee, eventually the final decision came to be made by the senior advisory group consisting of scientists including Dr. Oppenheimer.

21 On April 27, 1945, Mr. Groves, Director of the Manhattan Project, formed the Target Committee in Washington to look more closely at the bombing targets under discussion by the Military Policy Committee. People from the Manhattan Project, Chief of Staff of the 20th Air Force Lauris Norstad, Russell, and Colonel Fisher attended this committee meeting. The Committee discussed the effects of atomic bombing. On another front, the Interim Committee which was established under Secretary of War Stimson, placed particular importance on psychological aspects regarding the selection of targets, and Hiroshima was selected unanimously as an appropriate target because of its size, and the fact that due to the mountains around the city they could expect a great part of the city would be destroyed. The Interim Committee had unofficial meetings on May 9 and 14, 1945, and the selection of the target was approved by the senior advisory group consisting of leading scientists of the United States including Robert Oppenheimer, Ernest Lawrence, Arthur Compton and Enrico Fermi. The target cities were to be used as test sites to measure the power of an atomic bomb. This approval was based on the criteria used by the Interim Committee for selecting targets. The basis of selection of the bombing targets were decided considering the following points. (1) City whose destruction would weaken the Japanese morale (2) Militarily important city (3) City that has not been damaged yet so that the power of the atomic bomb can be accurately measured (4) As the first target, city of the right size to know the power of the atomic bomb accurately The people who were directly involved with the order to drop atomic bombs, are as follows. The following five people, President Truman, Secretary of War Henry L. Stimson, Secretary of State James F. Byrnes, General of the Army and Air Force Henry H. Arnold, Chief of Staff of the United States Army George C. Marshall, during the Potsdam Conference, received the report that the nuclear test carried out on July 16, 1945 was successful. Having received this information, the President and others launched the plan of using the atomic bomb against Japan. The Executive Order of atomic bombing was going to be issued to Marshall, as Chief of Staff of the United States Army. However, since Marshall was not in Washington, it was decided on July 25, 1945 to issue the order addressed to Thomas T. Handy acting Chief of Staff

22 of the United States Army. For this reason, Handy issued, on behalf of Marshall, the Executive Order of atomic bombing addressed to Carl Spaatz, Commander of Army and Strategic Air Forces. Spaatz conveyed the order to the Commander of the 20th Bombardment Group, Curtis E. LeMay, on August 1, Curtis E. LeMay had a meeting in Guam with Farrell, Parsons, Tibbets and Ashwort, and discussed the detailed plan for the atomic bombing. Thus, at 8:15 a.m. on August 6, 1945, for the first time in the history of mankind, an atomic bomb was used against humans and detonated over Hiroshima. The atomic bomb used for Hiroshima was a uranium type atomic bomb, known as "Little Boy". It was detonated approximately 600 meters above the ground and its power was equivalent to 12.5 kilotons of TNT. 50% of the energy emitted onto the ground was the shock wave, 35% was thermal blast and 15% was radiation. Buildings around the epicenter were totally destroyed by the shock wave. People were killed by being thrown against the ground and walls, or buried under collapsed buildings, or injured by flying fragments of glass and buildings and the like. When the atomic bomb was detonated in the air, a fireball of high temperature and pressure gas was generated. The shock wave rapidly spread outward from the fireball and destroyed buildings. The extent of the impact was broad, and houses were destroyed or seriously damaged. The atomic bomb detonated over Hiroshima emitted a strong thermal blast between approximately 0.2 and 0.3 seconds after the detonation, and the temperature on the ground reached from 3,000 to 4,000 degrees C. A large number of civilians were killed by the thermal blast. From the epicenter, the area within 3.5 km was completely burned. The surfaces of tiled roofs were melted in the area within 600 meters from the epicenter. Clothes and laundry caught fire at between 1.8 and 2 km, and straw roofs burst into flames at 2.5 km. Telephone poles and trees were charred in the area within 3 km. The most awful damage characteristic of an atomic bomb is by radiation. 5% of radiation emitted by an explosion is initial nuclear radiation, and 10% of it is residual nuclear radiation. The initial nuclear radiation was generated by the atomic fission. At that time, Gamma rays and neutrons were emitted and people on the ground were exposed. Substances generated by the atomic fission were diffused into the atmosphere by the updraft and caused internal exposure. Many of the people who died after being exposed to radiation, died with severe symptoms such as hair loss, diarrhea, skin diseases, hemorrhage and fever. Secondary diseases such as cancer and leukemia were also