INTERNATIONAL CRIMINAL COURT
JUDICIAL DISTRICT OF MUN
Case No. ICC 00-01-2011
International Criminal Court,
Prosecutor
v.
Harry Truman,
Defendant
Commented [AK1]: State position and person accused
BRIEF AGAINST HARRY TRUMAN, PROSECUTION
Beyonce Knowles, Montgomery
Miley Cyrus, Montgomery
Ryan Tedder, Montgomery
Ed Sheeran, Montgomery
Attorneys for Prosecution
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Commented [AK2]: State names, delegation for the four
members of your team followed by “Attorneys for Prosecution”
Commented [AK3]: Titles for each section should be bolded
and in all caps
TABLE OF CONTENTS
INTRODUCTION……….……………………………..…………………………………3
CRIMES CHARGED…………………………………………..…………………………3
STATEMENT OF FACTS…….………………………………………………….………4
ARGUMENT ……………...………………………………………………………………5-8
1. HARRY TRUMAN SHOULD BE CHARGED OF COMMITTING VIOLENCE
TO LIFE AND PERSON, IN PARTICULAR MURDER OF ALL KINDS,
MUTILATION, CRUEL TREATMENT AND TORTURE BECAUSE HE
ORDERED THE BOMBINGS OF JAPAN.………………………….…………….5
2.
HARRY TRUMAN SHOULD BE CHARGED OF INTENTIONALLY
DIRECTING ATTACKS AGAINST TH CIVILIAN POPULATUON AS SUCH OR
AGAINST INDIVIDUAL CIVILIANS NOT TAKEN DIRECT PART IN
HOSTILITIES BECAUSE HE HAD CHOSEN HIROSHIMA AND NAGASAKI
FOR THEIR LACK OF ATTACKS AND HIS LACK OF TIME BETWEEN THE
LACK OF TIME BETWEEN HIROSHIMA AND NAGASKAI.……...6
3. HARRY TRUMAN SHOULD BE PROSECUTED OF INTENTIONALLY
CAUSING GREAT SUFFERING OR SERIOUS INJURY TO THE BODIES, AND
MENTAL & PHYSICAL HEALTHY OF JAPANESE CITIZENS BECAUSE OF
HIS DECISION TO UNLEASH THE ATOMIC BOMBS ON HIROSHIMA AND
NAGASAKI, THE KNOWLEDGE OF HOW DANGEROUS THE BOMB WAS,
THE INADEQUATE WARNINGS AND THE INABILITY TO PRODUCE A
CONSIDERBALE PROCLAMATION. ALSO, THE WAR WAS COMING TO AN
END WHETHER OR NOT THE BOMBS WERE TO BE USED.……………7-8
Commented [AK4]: List your three main arguments here
CONCLUSION………………………………………………………………………......9
TABLE OF AUTHORITIES………...……….………………………………….…...10-17
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caps with page numbers
INTRODUCTION
In the 1940’s, there were many tensions between the United States and Japan. Certain measures
were taken, that hurt both countries. During World War II, when Japan refused to withdraw from battle,
the United States handled the situation with Japan rather poorly. Harry Truman, the President of the
United States at this time, ordered two bombs to be dropped on cities in Japan in 1945.
Commented [AK6]: Notice how this is a succinct description of
the crime committed
The making of these atomic bombs started occurring in 1941. This operation was known as the
“Manhattan Project”. This project started under the command of Franklin D. Roosevelt, but President
Truman commenced the droppings of the bombs.
For months before the atomic bombs were dropped, the United States firebombed 67 different
cities in Japan. Then “Little Boy”, the first atomic bomb, landed in Hiroshima, Japan and caused 140,000
citizens to die. This explosion occurred on August 6, 1945. Only two days after the first atomic bomb,
another bomb was issued to drop on Nagasaki, Japan. This bomb killed 80,000 Japanese citizens.
Although these attacks may seem to have been effective since Japan did surrender, many innocent
people were harmed. Not only did the 220,000 people die instantly from the bomb, but also the radiations
of these bombs are still resulting in illnesses in Japan. Many citizens are witnessing leukemia, breast
cancer, and lung cancer. These deathly diseases are the outcome of a decision President Harry Truman
made. The charges Harry Truman faces are completely justified.
Commented [AK7]: GOOD: evidence of prosecution bias
CRIMES CHARGED
The International Criminal Court is charging Harry Truman with two counts of War Crimes and one
count of Crimes Against Humanity for his role in the atrocities in Hiroshima and Nagasaki, as follows:
1. Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment
and torture – Article 8(2)(c)(i)
Commented [AK8]: Should be worded as seen here“The International Criminal Court is charging_____ with ___ counts
of _____and ___ counts of ____ for his/her role in ____________,
as follows:”
2. Intentionally directing attacks against the civilian population as such or against individual
civilians not taking direct part in hostilities – Article 8(2)(e)(i)
3. Other inhumane acts of a similar character intentionally causing great suffering, or
Commented [AK9]: State all of the charges verbatim from the
Rome Statute
serious injury to body or to mental or physical health- Article 7(1)(k)
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STATEMENT OF FACTS
Harry Truman, who at the time was the American president, ordered the dropping of two
atomic bombs, “Little Boy” and “Fat Man” on Hiroshima and Nagasaki on Japan. In total there
were 200,000+ fatalities including harmful effects like mutilations which were passed down to
future generations by genetics.
The creation of the bombs commenced under the presidency of Franklin Delano
Roosevelt. The “Manhattan Project” developed nuclear reactors that were later used to make the
atomic bomb under Truman, who continued the project. Through various experiments, scientists
working on the Manhattan Project found that extreme radiation would be unleashed from the
atomic bomb.
After the surrender of Germany in World War II, the biggest threat to the United States of
America was Japan. Still distraught over the attack on Pearl Harbor, the US was desperate for the
surrender of Japan. Six months preceding the bombing of Hiroshima and Nagasaki, the US
bombed about 67 cities of Japan. Tokyo was one of the cities, and was firebombed many times
so that the city was almost no more. Japan was adamant in refusing to surrender to the
Americans and continues the war as Japan was very focused on its honor.
Harry Truman finally responded the silence with the order to detonate the atomic bombs
over Japan in August 1945. He chose to bomb the cities of Hiroshima and Nagasaki as a war
plant resided in Hiroshima. Hiroshima was attacked with “Little Boy” on August 6, 1945, and
Nagasaki on August 9, 1945. The Japanese were unable to respond between the three days of
devastation and comprehend the unexpected ghastly incident. Three days later, the Soviets
attacked Manchuria to gain more territory as they had negotiated with Churchill and Truman that
if they joined, they would be able to control that piece of land. On the same day, which was only
three days later, the second bombing of Nagasaki demolished more civilian lives.
Although it did conclude the war soon after the usage of the atomic bombs, the outcome
was horrendous with thousands of deaths, mutilations, serious suffering mentally and physically
and long-term genetic deformations that could have been avoided.
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Commented [AK10]: Think of this section as an elaboration of
the Introduction. Describe what happened leading up to, at and
after the crime(s). Incorporate accurate details that will boost your
position.
Commented [AK11]: Each of your three main arguments
should focus on one of the crimes charged
ARGUMENT
1. HARRY TRUMAN SHOULD BE CHARGED OF COMMITTING VIOLENCE
TO LIFE AND PERSON, IN PARTICULAR MURDER OF ALL KINDS,
MUTILATION, CRUEL TREATMENT AND TORTURE BECAUSE HE ORDERED
THE BOMBINGS OF JAPAN.
Commented [AK12]: This is what you copy to the Table of
Contents. It should be in all caps and bolded
The International Criminal Court defines torture and cruel, inhuman or degrading treatment
as war crimes under Article 8(2)(c)(i). In accordance with international obligations, provisions
concerning the prohibition of torture and cruel, inhuman or degrading treatment also exist in
national legislation. Specifically, national constitutions and other fundamental texts, criminal law
as well as civil law and administrative law, reflect these international obligations, and fully
implement the prohibition and prevention of torture and other cruel, inhuman or degrading
treatment.
When U.S. president Harry Truman decided to drop atomic bombs on Japanese civilians at
Hiroshima and Nagasaki, 275,000 men, women, and children were killed.
In war, there are standards of behavior to which civilized nations must adhere to, even when
fighting barbarians. Prohibited acts include: rape; pillage; torture and killing of prisoners; and the
intentional killing of noncombatants. Traditionally, in war, armies fight armies. To the extent
possible, it is impermissible to kill civilians, especially unarmed ones.
Dropping a bomb on women and children is not the same as shooting them in cold blood.
The bomber, unlike the soldier, cannot look his victims in the eye before he kills them. This form
of torture is clearly brutal. Harry Truman’s action did not only murder and destruct Japan regions
temporarily but for lifetimes. The effect of the bombs included 140,000 deaths in Hiroshima and
80,000 deaths in Nagasaki from the initial explosion and flash or flame burns, but long-term
effects existed. Japan has continued to witness a substantial increase in citizens with leukemia,
breast cancer, lung cancer, cancer of the salivary gland, anemia, cataracts, and keloids.
These types of never-ending effects are distinct forms of never-ending torture that originated
from Harry Truman’s fatal decision. If and mutilation shortens a war, is it moral for a
commander to order it? No, this constitutes as a war crime. The same holds true for the
intentional killing of noncombatants. A civilized nation does not stoop to the level of its enemy,
not even in war.
2.
HARRY TRUMAN SHOULD BE CHARGED OF INTENTIONALLY
DIRECTING ATTACKS AGAINST THE CIVILIAN POPULATUON AS SUCH
OR AGAINST INDIVIDUAL CIVILIANS NOT TAKEN DIRECT PART IN
HOSTILITIES BECAUSE HE HAD CHOSEN HIROSHIMA AND NAGASAKI
FOR THEIR LACK OF ATTACKS AND HIS LACK OF TIME BETWEEN THE
LACK OF TIME BETWEEN HIROSHIMA AND NAGASKAI.
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Commented [AK13]: Directly addresses the crime accused
Commented [AK14]: GOOD: This is a great example of how the
Prosecution addressed every element of the charge addressed.
They referred to the Rome Statute and applied its idea to this
situation
Commented [AK15]: THIS IS BEAUTIFUL. They defined “war
crimes” and “torture” in terms of the actions of Harry Truman.
Harry Truman was fueled by revenge and anger when he authorized the release of “Little
Boy” on the city of Hiroshima on the clear morning of August 6, 1945, and later “Fat Man”
on the city of Nagasaki on August 9, 1945. He was reported to have said “The Japanese
began the war from the air at Pearl Harbor. They have been repaid many fold" (Truman
Library) shortly after the dropping of the first atomic bomb. Not only does this show his
senselessness to the lives of the Japanese people, but also his willingness to go to the extreme
and most harmful measure despite other options. At this point of World War II, the United
States of America desired to get out of the war and wanted Japan to surrender. Truman had
other alternatives at his disposal to signify American superiority to Japan rather than
dropping an atomic bomb.
The sites Hiroshima and Nagasaki were chosen specifically because they were relatively
untouched during the war. This was because the Target Committee wanted the atomic bomb
to be “sufficiently spectacular for the importance of the weapon to be internationally
recognized when publicity on it was released” (Hiroshima and Nagasaki). Such attitude
reflects how Harry Truman’s administration did intentionally direct attacks on the Japanese
without considering the effects of it and only worrying about its “publicity.” Hiroshima was
also chosen due to the fact that it was a communications center, a storage point, and an
assembly area for troops. Although this city was vital to Japan’s army, outside the center, it
was congested with small wooden workshops, houses and a few industrial plants. With the
release of an atomic bomb, it destroys all the surroundings including the innocent lives of
Japanese civilians. Likewise, Nagasaki was of military importance because of its large
seaport. Similarly again, the city was a flood of schools, factories, and private houses.
Helpless and hopeless civilian lives are forever ruined all because of the targeted destruction
created by Harry Truman.
What further proves Truman’s aggression is the lack of time allowed between the
bombings for the Japanese to react and surrender, which was the ultimate American goal.
After Hiroshima, Truman demanded the surrender of Japan which was not plausible. Japan
was yet to comprehend the devastation of Hiroshima that it was unable to react. This
therefore makes the bombing of Nagasaki insensitive and needless on Truman’s part.
3. HARRY TRUMAN SHOULD BE PROSECUTED OF INTENTIONALLY CAUSING
GREAT SUFFERING OR SERIOUS INJURY TO THE BODIES, AND MENTAL &
PHYSICAL HEALTHY OF JAPANESE CITIZENS BECAUSE OF HIS DECISION TO
UNLEASH THE ATOMIC BOMBS ON HIROSHIMA AND NAGASAKI, THE
KNOWLEDGE OF HOW DANGEROUS THE BOMB WAS, THE INADEQUATE
WARNINGS AND THE INABILITY TO PRODUCE A CONSIDERBALE
PROCLAMATION. ALSO, THE WAR WAS COMING TO AN END WHETHER OR
NOT THE BOMBS WERE TO BE USED.
Many say that the Manhattan Project that was passed down to Truman after Roosevelt’s
term as president forced Truman to oblige because he was new, but excerpts from the Henry
Stimson’s diary, which is that of the Secretary of War, shows that he was interested and was
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Commented [AK16]: GOOD: Provided evidence (quote) and
explained their interpretation of it (that he was “fueled by revenge
and anger”
Commented [AK17]: Shows just how many people were
affected by the attack. The Prosecution does a good job on placing
emphasis on the innocent.
Commented [AK18]: Strong point
willing to continue the project with his own intentions. It was under his orders that these
dangerous bombs were unleashed upon civilians.
Commented [AK19]: This point would be even more effective
if a small quote was provided
Although there had not been any experiments on any people before the actual use of the
bomb, they knew that its radiation was 109 more than for a single lethal dose. The experiments
that were run showed that those within a 2/3 mile radius were to die, and could seriously harm
others outside of that radius as well. Not only were there plans to physically injure the civilians,
but they most of all wanted to psychologically affect the civilians so that they would be in such
despair that they would claim themselves as defeated.
Hiroshima was chosen not only because it had a war plant, but it was also chosen because
it was urban and had hills which could intensify the blast damage. Even though they claim they
only wanted to attack the war plant and the workers’ houses, then the government could have
used a less intense bomb just to destroy the plant. Similarly, Nagasaki also had nearby mountains
which could cause the radiation to increase on the city. With such intentions to put as much
radiation as they could, their intent of seriously harming the civilians was prominent.
With the few warnings they did give to the Japanese to leave, the advice was not obvious
in whether or not it was bluffing. Also, the call for them to move away from their homes would
most likely not affect the position of the civilians as many of them had comfortably lived in the
cities and were willing to stay with their family and friends. Moreover, the civilians would not
have a place to stay and were not even sure if they would get bombed; therefore if they did, they
may have to stay away from their homes and normal lives until the end of the war.
The atomic bomb was definitely unnecessary as Japan had already lost many in 1945
from various attacks, including one of the Tokyo firebombing. With the loss of so many citizens,
they were bound to surrender. In fact, if the Potsdam Proclamation, which called for the
unconditional surrender of all Japanese armed forces, did not hold any threats towards the
Emperor, Japan may have followed through. Many other US officials such as Eisenhower were
against the bomb droppings, deeming them unnecessary. Especially the second one at Nagasaki
was unneeded as a call of surrender may have come either with or without the bomb, considering
it was only 3 days after the nuclear bombing of Hiroshima.
After negotiations between Stalin and Churchill, the Soviets were to join the battles in the
Pacific during August so they could gain more territory. The Soviets had followed through only
3 days after the first bomb by attacking Manchuria even though Emperor Hirohito had requested
that the Soviets help end the war in peace because they had a more neutral relationship. The war
could have ended on the day of the bombing, which when the Emperor expected a reply, if
Truman did not lure the Soviets with land.
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Commented [AK20]: Shows clear thought process and restates
their point, that the attacks were intentional
CONCLUSION
President Harry Truman is should be convicted by the International Criminal Court of
one count of Crimes Against Humanity and two counts of War Crimes:
Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment
and torture – Article 8(2)(c)(i)
2. Intentionally directing attacks against the civilian population as such or against individual
civilians not taking direct part in hostilities – Article 8(2)(e)(i)
3. Other inhumane acts of a similar character intentionally causing great suffering, or
serious injury to body or to mental or physical health- Article 7(1)(k)
1.
Commented [AK21]: Restate crimes accused
All of these counts will be defended, however, it is important to understand the harmful
effects of these atomic bombs. Harry Truman is guilty of taking the lives of thousands of
Japanese citizens.
The United States should have only targeted the Japanese Army, not the innocent people
living in the country. There could have been other ways to deal with conflicts between Japan and
the United States; instead President Harry Truman resorted to the most deathly weapon.
President Truman also did not give the Japanese enough time to respond between the strikes. In
result of the bombs, many members of Japan’s future generations will live with health problems.
President Harry Truman should be convicted of all crimes for he was cruel. His actions
were dangerous, and he decided to act before knowing the full consequences it would have on
people. This irresponsibility defines President Truman. He deserves to pay for the crimes he
committed and it should be seen that he does.
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Commented [AK22]: Brief conclusion of your main arguments
TABLE OF AUTHORITIES
Statutes
Roman Statute, Article 8(2)(c)(i), Article 8(2)(e)(i), Article 7(1)(k)
Other sources
“Marquis Koichi Kido (Lord Keeper of the Privy Seal) and the Atomic Bombing of Japan”
http://www.doug-long.com/kido.htm
“The Atomic Bomb and the End of World War II: A Collection of Primary Sources
http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB162/index.htm#_ednref7
“Hiroshima is No Longer a City”
http://www.isreview.org/issues/13/Hiroshima-Nagasaki.shtml
“Torture and the Bomb”
http://www.fpif.org/articles/torture_and_the_bomb
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