东京审判量刑问题再审视——以“死刑投票6比5”为中心

The Review on the Sentence at Tokyo Trial-focusing on the Death Penalty Vote 6 vs. 5

东京审判中"死刑投票6比5"之通说并不准确严谨。远东国际军事法庭的11名法官,当时参与量刑投票的只有10位,法国法官柏奈尔并没有参加。以10票计算,7名被判处死刑战犯的投票结果很可能有两种,分别是"6比4"和"7比3",前者以广田弘毅为代表,后者以东条英机为代表。远东国际军事法庭的法官们,虽在具体问题上意见并非一致,但忠实地恪守了审判独立的原则,在国际法治的基础上,保证了判决的正当性。

The general view that the death penalty vote at Tokyo Trial is 6 vs. 5 is not precise. There were only 10 judges took part in the vote except the French judge Henri Bernard,the vote outcomes about the 7 condemned criminals probably consist of two types: 6 vs. 4 or 7 vs. 3. The representative of the former was HIROTA,Koki and the latter of that was Tojo,Hideki. Though the judges at International Military Tribunal for the Far East,Tokyohad divergences on specific problems,they observed the principle of judicial independence strictly which guaranteed the legitimacy of the judgments on the basis of international rule of law.