Radhabinod Pal in 1947, shown at his office in the War Ministry building, Tokyo, Japan. (Public domain via Wikimedia Commons)
In the third week of November 2024, an International Conclave was held to discuss the relevance of Indian Judge Radhabinod Pal's dissent at the "Tokyo Trial" (1946-1948) in international law.
The event was hosted by one of India's top-ranking National Law Universities, West Bengal National University of Juridical Sciences (WBNUJS). It took place at its campus in Kolkata, the capital of the Indian state of West Bengal.
The conclave re-examined the concept of victor's justice, post-colonial critiques, and the scope of the Third World Approaches to International Law (TWAIL).
Further, the state government of West Bengal declared an allocation of $118,500 USD to the WBNUJS to honor Justice Radhabinod Pal, by announcing a chair in his name at the university. The grant would be used to organize various activities including research, and holding lecture series in his memory.
A Global Gathering of Experts
Bringing together a diverse array of international experts and scholars, Indian practitioners of law, and surviving members of the Pal family, the event aided a deeper understanding of the Indian jurist's contributions. It also highlighted his relevance to contemporary legal challenges. The conclave was also addressed by the Consul General of Japan in Kolkata, Koichi Nakagawa.
Being invited to speak as a key resource person and subject expert at the conclave, I highlighted the enduring legacy of Justice Pal. I reflected on his memory in Japan and its continuing relevance to the ongoing debate and dialogue on international criminal law and justice.
The Legacy of Justice Pal
Speaking on the historical legacy of Justice Pal and his historic dissentient judgment, I recalled how he was better known as the Indian "Tokyo Trial" judge. He was one of the three judges who gave a dissenting opinion, contrary to the majority judgment.
His dissentient judgment meaningfully established a legacy that emphasized the need for a legal framework that genuinely reflects the diverse realities and perspectives of the global community.
According to a sitting judge of the Supreme Court of India, who spoke at the November 2024 International Conclave in Kolkata, judges do not write dissenting judgments merely to point out flaws or loopholes in a judgment. Instead, they do so to provide a completely alternative view on the entire matter. This underscores the importance of dissenting judgments.
Judge Pal was the only Indian judge from Calcutta High Court at the Tokyo Trial. According to many, especially in Japan, his dissenting opinion upheld the principles of fairness, impartiality, and legality.
Interestingly, even as a jurist at the Calcutta High Court, when he was thrust into the international spotlight, Pal had leanings that questioned and critiqued colonialism. The floor for debate is still open as to why the United States and Great Britain appointed Justice Pal, as he was well known for strongly sympathizing with the ongoing anti-colonial struggle against the British in India at that time.
The Political Memory of Justice Pal in Japan
The name Radhabinod Pal from India still echoes across Japan to this day. His dissenting judgment was largely seen as an exoneration of Japan and the Japanese warlords by an Indian judge. It was, and continues to be, viewed as a vindication of the Japanese army and the militarism of the Japanese elite.
Some Japanese saw the judgment as the first step toward restoring the dignity of the Japanese war dead. Japan's wartime prime minister, Hideki Tojo, a general in the Japanese Imperial Army, was hanged as a war criminal after the Tokyo trial. Before going to the gallows, Tojo left with his wife a haiku poem, which he had written in Justice Radhabinod Pal's honor.
From then until today, Justice Pal has been remembered across the political spectrum in Japan. The Japanese connection with strands of anti-imperialism in India was most strongly felt in Justice Pal's home state, colonial Bengal.
Justice Pal visited Japan for the last time in 1966. In a speech, he stated how much he had admired Japan from an early age for being the "only Asian nation that stood up against the West."
Justice Pal's judicial verdict only reinforced the paradox between the morality of politics and the politics of morality. Pal's dissenting judgment offers critical insights into the equations between imperialism and the development of international law. His brush with nationalism overlapped with strands of anti-imperialism prevalent in India during those years.
Commitment to Impartiality
In his book, Hirohito and the Making of Modern Japan, Herbert P Bix described Justice Pal as the "most politically independent of the judges." He wrote that Pal refused to let political concerns and purposes of the Allied Powers, let alone the charter, influence his judgment in any way.
Pal was admired across Bengal and beyond for his "unconventional" views and dissenting judgment at the Tokyo Trial. Some Bengalis referred to the latter as the "first Asian victory over a European imperial power."
Justice Pal remained a strident critic of US militarism, both in the lead-up to and immediate aftermath of World War II. Pal criticized then-US President Franklin Roosevelt for his stance on colonialism. He also accused Secretary Cordell Hull of pushing for war through interventions in the Far East more broadly, and economic strangulation of Japan in particular.
The International Conclave in November was dedicated to the relevance of Justice Pal's dissent in international law and his analysis of the imperialist logic of global politics. His insights continue to remain relevant to the current global debate on war crimes and crimes against humanity.
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- Justice Radhabinod Pal: The Life and Times of the Tokyo Trials Jurist
Author: Dr Monika Chansoria
Follow Dr Chansoria's "Order on the Sea" series and find her column "All Politics is Global" on JAPAN Forward, and X (formerly Twitter). The views expressed here are those of the author and do not reflect the views of any organization with which she is affiliated.
