ute buttons equal danger. ...that sound good? not being on this phone call sounds good. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda. "war sries with oliver nortcontininues right w. >> oliveon the fourth on the fourth anniversary of pearl harbor, evidence of brutality playeddbefore the shocked courtroom. 5,000 miles away, robert donihi and keenan touched down to start the job as prosecutors for the international military tribunal of the far east. >> we were invited the other nations to join us. they were against inviting the soviet union. >> that same day mac arthur received word that five members

delivered a guilty verdict against the general separate frrm the tokyo trials. this was the first war crimes conviction of world war ii. >> i knew nothing about mistreatment of civilians in manila. >> it was probably a flawed case. the general had been the commander in manila only a few weeks before the invasion. he was tried not for committing war crimes himself but failure to control troops. >> douglas mcarthur didn't wait for justice in the philippines tribunal. >> 20 october 1944, for mac arthur this was personal. this had been his home many years. for the brutal treatment of pows

and civilians in the philippines, mac arthur issued this order for japanese forces under the command of the general. i shall during the course of the present campaign hold the japanese authorities in philippines any hard against prisoners of war, civilians and non combatants proper treatment to which they're entitled. >> mac arthur had the belief of the code of the soldier and safety of scivilians. >> in the bloodshed that followed, 100,000 civilians died as a japanese troops went on a pam rage of rape, looting and murder. there were additional orders to kill all pows like bruce elliott imprisoneddon the island. >> they killed kids, women, everything. >> he goes to be sentenced on the charge of responsibility for

bar bareties committed by his troops. he faces the judge. >> commission finds you guilty as charged and sentences you to death by a hanging. >> 1846, the sentence was carried out. stability would resinate in tokyo and nuremberg. was there a difference in rules of evidence? >> they were the same rules of evidence and same charges. you see military commission far are from what we in the western world are used to seeing in a court. there's also argument those that have been sworn enemies are though the necessarily entitled to protections of our constitution and citizens. >> isn't that one of the problems we're having now trying combatants from the war on terror? >> it surely is. i think today the world community is not prepared to accept the procedures that in 1945 no thought was given to.

>> who picks who's going to be prosecuted? does oth keenan do that? >> no. >> keenan would negotiate with mac arthur. keenan's opponents were critical for ttat reason. they were saying this is supposed to be an international trial, but you're turning it into a a military trial with the united states being in charge. british were angry abiliout tha. >> japanese had burned thousands of incriminating documents. suddenly a break. after his arrest, this man stunned the prosecution team with his diaries details 6,000 entries covering the expansion of war.

>> tokyo had a good handle on things. he tried to commit suicide. >> about to be arrested as a war criminal, he hot himself with a pistol. he failed to kill himself and is treated by an american army doctor and receives blood transfusions from american army sergeaats. >> it was deliberately blundeeed. >> 3 may, 1946, outside the building guarded by mp's, defendants are brought to justice in blacked out buses. shiny limousines delivered nine of the judges. two on the bench don't arrive in time for the proceedings. it started off with a bang. >> i heard noise and laughter in the gallery. i looked down to see if i had my shirt tail hanging out. i turned around. tokyo is laughing and other

accused were laughing. he was hauled off. he was eliminated after that as being insane. >> then the language problem. japanese does not lend itself to being easily translated in english. the service was assigned to the tokyo trial. >> it was my job to act as a monitor both for the defense and prosecution has monitors. if we felt interpretations were inadequate or biassed, we would then have a meeting and come up with an acceptable solution. >> it was terrible on the prosecution. >> there was more disorder in the courtroom. why did so many of the defense attorneys quit?

>> there were resignations primarily because of conduct of the senior judge, the australian. he was a very brusque, crude, individual. much like keenan only web was arrogant on the bench. he would belittle not only witnesses but defense council as well. that eventually took its toll. >> so much so many defense attorneys threatened to quit. meanwhile the secret pictures taken by kirk were used to provide definitive evidence of japaaese atrocities. >> i gave the army, navy and fbi each a set. these are pictures that ended up in war crime trials. >> as the prosecution team tried to keep the tokyo trials on track, sentences are handed down in nuremberg. in nuremberg. one nazi

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>> oliver: for nearly a yar the 22nazi defants s in for nnarly a year, the defendants sat in room 600 in the palace of justice as sprecher and the team presented their evidence. >> he was somewhat intimidating of other defendants. i think some of them had complained that he was pushing

them around a bit. >> sometimes he would put on headphones and listen a while, take them off and make a noise. or he'd throw up his hands if he heard something he didn't like. he was animated. >> he had a magnetic quality about him. he began to sway some of them. realizing this, prison officials had to spike him and make sure he was in isolation. >> on 29 november, 1945, the most damming evidence was presented in court. camps. f nazi extermination >> couldn't believe how some of the prisoners looked. starved to death. it was atrocious, really upsetting. >> goering was unrepentant. >> he denied he had anything to do with the actual murder of people. he said it was somebody else's

job. >> one of the defendants on the docket were albert speer. he was a genius. >> speer had qualms about some of the things that were going on and had more knowledge about what was happening in some of the concentration camps than he wanted to admit even to himsell. >> there comes a time in this when the principle defense becomes, i was simply following orders. >> the argument would be, it was not my initiitive. i was carryyng out initiative of someone who had authority over me. >> the military court marshals can't -- >> you can mention in attempt to get mitigation by indicating you were in a position you'd be

penalized if you didn't do something. >> as the trial continuecontinu robert became impressed. >> i presented evidence against the hitler leader. he had been given superior powers by hitler directly to influence the education of young people. >> he had a role in seeding 40,000 jews to their deaths. >> he admitted then and later a good deal of evidence we had against him. >> i think that we felt that all of them would be found guilty of something or another.

>> sentences are now imposed. this film record brings the voice of british heat justice lauren laurence. >> defendant goering, on the count of the indictment on which you have been convicted, the international military tribune sentences yoo to death by hanging. >> 11 of the 22 were sentenced to death. 12 is received prison terms including rudolph hess who refused to wear headphones. >> defendant hess, sentences you to imprisonment for life. >> in the end, goering cheated the hang man. >> they were allowed to withdraw items from their baggage. goering developed a friendship with the young american tenant who was the prison officer. on the last day in which hermann

goering was sto be hanged, he hd a cyanide capsule to his cell. he bit it one hour before he was to be hanged. >> how he was able to take it with the guard standing there all the time i don't know. there was a courtyard inside the prison walls where the prisoners were allowed to exercise occasionally. it had been constructed in the pourtyard for the hang a -- hang ago. the hang man for the army was test it. they had sandbags putting weight on it and making sure everything was fine. >> 16 october in the dark of night, 10 nazi criminals were led in. one hour and 45 minutes later, all were pronounced dead.

>> i feel proud of having been part of the first efforts to try the leaders of the sovereign nation of the evils committed in the name of sovereign nation. p> tokyo verdicts come in. is justitititititi

>> oliver:hile nurmberg took jus ten months for verdicts tbe reached, the tokyo trial dragg on for two and a half years. >> they wre bendi over backwards to give the best advantage to the japanese lawyers.

heand them to have he portunityf really getting throug with their points. >> oliver: but for many american.o.w.', their day in court woud never come. instead, the were served a gagrder, issued by the u.s miltary. >> i was told, you don't be talking wh thee media,the newspers. he said,f you d ande fin out about it, he id y'll be court-martialed. >> the original gag order was drawn up on ordersrom washingn to gener marthur as the philippines wereliberaed inanuary, february 1945. >> oliver: ahoof the book unjus enrihment, he's done exexpensive research on ameran p.w.'sn th pacifi >> what puzes me is whyhis order w then updated to septemr 5th, is the 1945. prisoners being recvered from japan were being als forced to sign this order.

. >>liver: they had y sign a gag order that you woun't talk abo what happened to u as a p.o.w.. >>hat's right. >> oliver:hy? >> now, i never could figure that out. and o en a marine, i did what i was told. >> oliver: this is thegag order he sigd on 13 seember, 1945. itovered the pictu he'd risked his life to take. >> trence had been told, you kehese home, you put them in a dwer, don't'tw them to anyone or you'll be court rtal joo despihe threat, e photographs did end ups evince in t tokyo trials. >> herbert markowic w the navy doctor w was the.o. camp doctor. >> olir: imprisoned with kirk at ippsteel, docor markowiczelped tak the picres and aearsn this one. markowicz testified at the tokyo trialsnd brought copies of kirk photogrphs wi them. and they aske him wh took the pitues. he said heidn't kw. the dmy--

he was in the picture! >> dr.arwicz kne about this g order and i am quit re tht he mad that statemeninrdero protect terrnce. r government began taking stepso porray jap as our democratic ally insia, our bulwark againstommunism. >> of the 8 tt were initially in th dock, in t the end you had 25 for whom verdictct were hded down. >> oliver: on 4 november, 1948 stimony, 419itnesses, and 7 p 9 affidavits, the japanese public waid anxiously for th verdicts. >> tojo, the counts of been convicted, the teational military tribunal sentences you to death b hanging. >> oliver: bides tojo, the

general and five others were sennce today death. 16 received life in ison including prince kito, the man who's diaries provided astound evidence accding to army procedure, th prison had to be weighed for theirhangs, tojo would have tdrop fe 7 inches one afer midnight in 3 decemb 1 1948 the stepses were rried out. was justice done in terms of prosecuting tse who served it? >> i would say that it looked to me fro what i had done myself in the courtroom, as thoh justice was done. >>oliver: nuremberg and tyo were certainly the most famous warrimes tris, but the years after world war i, thousands of other wr ciminals were prosecuted in ciminals were prosecuted in places like manila, at ally bank no branches equals great rates. it's a fact. kind of like playing the boss equals the boss wins.

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...of fixodent plus adhesives. they help your denture hold strong more like natural teeth. and you can eat even tough food. fixodent. strong more like natural teeth. fixodent and forget it. at ally bank no branches equals great rates. it's a fact. kind of like shopping hungry equals overshopping. >> >> roger man sell runs the nter f resrch o allied w's under the janese. the plias aware only of the tokyo trials. they weren't aware of the hundreds and hundreds and hundds in guam, manila, sing hong ong and for

example in guam we executed 900 of them. >> prosecutor's work wasn't done. he left tokyo fo ermanyor th trialsclass b german criminals but this te for th defee. >>e had been prsonally chon by hiter. no question h had to be. >> the man drexel sprker st to prison. >> got an acquittaln th cas. if i had ben on the other side he woul have been hung. were never prosecued ts man shiro ishi there lethal medical experimen were performed on living prez ners includi americans. >> the head of this unit is allowed togo free? >> yes >> think at that te te decision w mde to stop the war crimerials. it was realy more towards the nee to have a new ally in e pacific. i think both tokyo and eure

taht the world there is persnal responsibility for war ime. certainlyt was far from ideal justice but it a pobay as close to just as one could get in those circumstances. >> oliver: todayin th hague the w crims tal of former yugosv president milosevic dragged onto the third year more than 210,000 wer killed in what's been called a genide. in iraq the iterim governent has begun the arduous prss trying sadam hussein and guantanao bay cuba more han 500islam radicals are bng held as ene combatants pendig their militar tribunals. as weearned in germanynd as we learned in nurmberg and o tokyo, however difficult the process, when the shooting stops, the courtroom is the best hope for future generations in

meting out final justice. theirs is a war story that deserves to be told. i'm oliver north. good night. tonight on "war stories" jihad in the jungles of southeast asia, and for two american missionaries. >> island resort. >> the dream became a nightmare. >> we were sure we would die. >> and a special operations commander enters the fray. >> unconventional warfare and unconventional operations. >> the philippines operations have had successful operations. >> hunting terror in paradise. that is nextn "war stories." for years, islamic radicals have used this canopy as a safe