Radhabinod Pal

War crimes trial dissent

While finding that "the evidence is still overwhelming that atrocities were perpetrated by the members of the Japanese armed forces against the civilian population of some of the territories occupied by them as also against the prisoners of war", he produced a judgement questioning the legitimacy of the tribunal and its rulings. He held the view that the legitimacy of the tribunal was suspect and questionable, because the spirit of retribution, and not impartial justice, was the underlying criterion for passing the judgement.

He concluded:

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

Judge Pal never intended to offer a juridical argument on whether a sentence of not guilty would have been a correct one. However, he argued that the United States had clearly provoked the war with Japan and expected Japan to act. He argued that "Even contemporary historians could think that 'as for the present war, the Principality of Monaco, the Grand Duchy of Luxembourg, would have taken up arms against the United States on receipt of such a note (Hull note) as the State Department sent the Japanese Government on the eve of Pearl Harbor'." He also noted that "Questions of law are not decided in an intellectual quarantine area in which legal doctrine and the local history of the dispute alone are retained and all else is forcibly excluded. We cannot afford to be ignorant of the world in which disputes arise."

In his lone dissent, Judge Pal refers to the trial as a "sham employment of legal process for the satisfaction of a thirst for revenge". Furthermore, he believed that the exclusion of Western colonialism and the use of the atom bomb by the United States from the list of crimes, as well as the exclusion of judges from the vanquished nations on the bench, signified the "failure of the Tribunal to provide anything other than the opportunity for the victors to retaliate." Pal wrote that the Tokyo Trials were an exercise in victor's justice and that the Allies were equally culpable in acts such as strategic bombings of civilian targets. Regardless of his personal opinions about Japan, he deemed it appropriate to dissent from the judgement of his "learned brothers" to embody his love for absolute truth and justice. In this he was not alone among Indian jurists of the time; one prominent Calcutta barrister wrote that the Tribunal was little more than "a sword in a wig". In general, fear of American nuclear power was an international phenomenon following the bombings of Hiroshima and Nagasaki.

The American occupation of Japan ended in 1952, after Tokyo signed the San Francisco Peace Treaty and accepted the Tokyo trials' verdict. The end of the occupation also lifted a ban on the publication of Judge Pal's 1,235-page dissent, which Japanese nationalists used as the basis of their argument that the Tokyo trials were biased.

Psychologist and cultural critic Ashis Nandy, as well as other scholars, have argued that Judge Pal's lone dissenting opinion, that the Japanese soldiers were only following orders and that the acts committed by them weren't illegal in an indictable sense, was because of "his long exposure to the traditional laws of India", combined with a sense of "Asian solidarity" within the "larger Afro-Asian context of nationalism".

Significance in Indo-Japanese relations

In 1966, Pal visited Japan and said in a speech that he had admired Japan from an early age for being the only Asian nation that "stood up against the West". The Emperor of Japan conferred upon Pal the First Class of the Order of the Sacred Treasure. Pal is revered by Japanese nationalists and a monument dedicated to him stands on the grounds of the Yasukuni Shrine. The monument was erected after Pal's death.

Judge Pal's dissent is frequently mentioned by Indian diplomats and political leaders in the context of Indo-Japanese friendship and solidarity. For example, on 29 April 2005 Prime Minister Manmohan Singh referred to it as follows, in his remarks at a banquet in New Delhi in honour of the visiting Japanese Prime Minister Junichiro Koizumi:

It is a noteworthy fact that though we have gone through various phases in our relationship, in times of difficulty, we have stood by each other. It is important to recall that India refused to attend the San Francisco Peace Conference in 1951 and signed a separate Peace Treaty with Japan in 1952". "This, Pandit Nehru felt, gave to Japan a proper position of honour and equality among the community of free nations. In that Peace Treaty, India waived all reparation claims against Japan. The dissenting judgement of Judge Radhabinod Pal is well-known to the Japanese people and will always symbolise the affection and regard our people have for your country."

On 14 December 2006, Singh made a speech in the Japanese Diet. He stated:

The principled judgment of Judge Radhabinod Pal after the War is remembered even today in Japan. Ladies and Gentlemen, these events reflect the depth of our friendship and the fact that we have stood by each other at critical moments in our history.

On 23 August 2007, Japanese Prime Minister Shinzō Abe met with Pal's son, Prasanta, in Kolkata, during his day-long visit to the city. Prasanta Pal, now an octogenarian, presented prime minister Abe with four photographs of his father, of which two photographs were of Radhabinod Pal with Abe's grandfather, former Prime Minister Nobusuke Kishi. They chatted for half an hour at a city hotel.

Personal life

Pal married Smt. Nalini Bala in 1907 and was the father of nine daughters (Shanti Rani, Asha Rani, Leela Rani, Bela Rani, Nilima, Roma Rani, Renu Kana, Lakshmi Rani and Smriti Kana) and five sons (Prasanta Kumar, Pradyot Kumar, Pronab Kumar, Pratip Bijoy and Pratul Kumar). One son, Pronab Kumar Pal, also became a lawyer (a barrister), as did his two sons-in-law, Balai Lal Pal (with whom he co-authored a book) and Debi Prasad Pal (who also served as a judge of the Calcutta High Court and Indian Minister of State for Finance).

State honours

• India:
  • Recipient of the Padma Vibhushan
• Japan:
  • Order of the Sacred Treasure 1st Class

In popular culture

He was portrayed by Suresh Oberoi in the 1998 Japanese film Pride. In the 2016 miniseries Tokyo Trial, Pal is portrayed by Indian actor Irrfan Khan.