Argument: Bombing Japan was a war crime against humanity
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Two early critics of the bombings were Albert Einstein and Leo Szilard, who had together spurred the first bomb research in 1939 with a jointly written letter to President Roosevelt. Szilard, who had gone on to play a major role in the Manhattan Project, argued
- "Let me say only this much to the moral issue involved: Suppose Germany had developed two bombs before we had any bombs. And suppose Germany had dropped one bomb, say, on Rochester and the other on Buffalo, and then having run out of bombs she would have lost the war. Can anyone doubt that we would then have defined the dropping of atomic bombs on cities as a war crime, and that we would have sentenced the Germans who were guilty of this crime to death at Nuremberg and hanged them?"
Indian jurist Radhabinod Pal, a dissenting voice at the Tokyo War Crimes Tribunal, who balked at accepting the uniqueness of Japanese war crimes.
- "this policy of indiscriminate murder to shorten the war was considered to be a crime. In the Pacific war under our consideration, if there was anything approaching what is indicated in the above letter of the German Emperor, it is the decision coming from the Allied powers to use the bomb. Future generations will judge this dire decision...If any indiscriminate destruction of civilian life and property is still illegal in warfare, then, in the Pacific War, this decision to use the atom bomb is the only near approach to the directives of the German Emperor during the first World War and of the Nazi leaders during the second World War."
On August 11, 1945, the Japanese government filed an official protest over the atomic bombing to the U.S. State Department through the Swiss Legation in Tokyo, observing that
- "combatant and noncombatant men and women, old and young, are massacred without discrimination by the atmospheric pressure of the explosion, as well as by the radiating heat which result therefrom. Consequently there is involved a bomb having the most cruel effects humanity has ever known. . . . The bombs in question, used by the Americans, by their cruelty and by their terrorizing effects, surpass by far gas or any other arm, the use of which is prohibited. Japanese protests against U.S. desecration of international principles of war paired the use of the atomic bomb with the earlier firebombing, which massacred old people, women and children, destroying and burning down Shinto and Buddhist temples, schools, hospitals, living quarters, etc. . . . They now use this new bomb, having an uncontrollable and cruel effect much greater than any other arms or projectiles ever used to date. This constitutes a new crime against humanity and civilization."
In 1963 the bombings were the subject of a judicial review in Ryuichi Shimoda et al. v. The State. On the 22nd anniversary of the attack on Pearl Harbor, the District Court of Tokyo declined to rule on the legality of nuclear weapons in general, but found that
- "the attacks upon Hiroshima and Nagasaki caused such severe and indiscriminate suffering that they did violate the most basic legal principles governing the conduct of war."
Satoru Konishi quotes - The bomb was not only dropped on the citizens of Hiroshima and Nagasaki. It was dropped on the whole humanity.