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((short description|Indian judge))
((Use British English|date=September 2014))
((Use dmy dates|date=May 2022))
((infobox person
| name               = Radhabinod Pal
| image              = File:Radhabinod Pal 1947 extracted.jpg
| alt                = 
| caption            = 
| birth_name         = 
| birth_date         = ((birth date|df=yes|1886|01|27))
| birth_place        = [[Kushtia District|Salimpur]], [[Bengal Presidency]], [[British Raj|British India]]<ref name="banglapedia">((Cite web|url=http://en.banglapedia.org/index.php?title=Pal,_Justice_Radhabinod|title=Pal, Justice Radhabinod - Banglapedia|website=en.banglapedia.org|access-date=22 May 2020))</ref> <br/>(present-day [[Bangladesh]])
| death_date         = ((Death date and age|df=yes|1967|01|10|1886|01|27))
| death_place        = [[Calcutta]], [[West Bengal]], India<ref name="banglapedia"/>
| resting_place      = 
| occupation         = [[Jurist]]
| known_for          = [[International Military Tribunal for the Far East|Tokyo Trial]]
| education         = ((ubl| [[Rajshahi College]]|[[Presidency College, Kolkata|Presidency College, Calcutta]]|[[Hazra Law College]], [[University of Calcutta]]))
| awards             = [[Padma Vibhushan]]
| signature          = 
| signature_alt      = 
| website            = 
| nationality        = Indian
 | spouse          = ((marriage|Nalini Bala Pal|1907))
| children           = 14
| relatives          = [[Debi Prasad Pal]] (son-in-law)
))

'''Radhabinod Pal''' (27 January 1886 – 10 January 1967) was an Indian jurist who was a member of the [[United Nations]]' [[International Law Commission]] from 1952 to 1966. He was one of three Asian judges appointed to the [[International Military Tribunal for the Far East]], the "Tokyo Trials" of [[Japanese war crime]]s committed during the [[Second World War]].<ref>((cite book|title=Outlines of Indian Legal and Constitutional History|first=M.P.|last=Jain|year=2006 |edition=6th|publisher=Wadhwa & Co|place=Nagpur|isbn=978-81-8038-264-2))</ref> Among all the judges of the tribunal, he was the only one who submitted a judgment which insisted all defendants were not guilty. The [[Yasukuni Shrine]] and the [[Kyoto Ryozen Gokoku Shrine]] have monuments specially dedicated to Pal.<ref>((cite book|title=Commentary on the Constitution of India|first=Durga Das|last=Basu|year=2007|edition=8th|publisher=Wadhwa & Co|place=Nagpur|isbn=978-81-8038-479-0))</ref>

==Career==
((more citations needed section|date=July 2019))
Radhabinod Pal was born in 1886 in the village of Salimpur, [[Kushtia District]] in [[Bengal Presidency]], [[British India]] (present-day [[Bangladesh]]). He passed the Entrance Examination in 1903, and F.A Examination in 1905 from [[Rajshahi College]] with distinctions. Radhabinod Pal took his BA Honors (1907) and MA (1908) in Mathematics from the Presidency College, Calcutta. Pal worked as a clerk at the Allahabad Accountant General Office before he took his BL degree in 1911. Pal later served as a lecturer in Mathematics at the [[Ananda Mohan College, Mymensingh]]. Alongside his teaching, Pal also practiced law at the Mymensingh Bar. While in [[Mymensingh]], Pal further stretched his legal qualifications by obtaining the LLM degree (1920) from Calcutta University. He stood First in the First Class. Pal then moved to Calcutta to build a legal career in the High Court.<ref>((Cite web|url=http://en.banglapedia.org/index.php?title=Pal,_Justice_Radhabinod|title = Pal, Justice Radhabinod - Banglapedia))</ref>

He studied mathematics and constitutional law at [[Presidency College, Kolkata|Presidency College, Calcutta (now Kolkata)]], and the [[Department of Law, University of Calcutta|Law College]] of the [[University of Calcutta]].

Pal was a major contributor to the formulation of the Indian Income Tax Act of 1922.<ref>((cite journal |last=Alexander |first=C.H. |date=July 1952 |title=International Law in India |journal=The International and Comparative Law Quarterly |volume=1 |issue=3 |pages=289–300 |doi=10.1093/iclqaj/1.Pt3.289 |issn=0020-5893))</ref> The [[British Raj|British Government of India]] appointed Pal as a legal advisor in 1927. He worked as professor at the Law College of the [[University of Calcutta]] from 1923 till 1936. Pal became a judge of the [[Calcutta High Court]] in 1941 and Vice-Chancellor of the University of Calcutta in 1944.

He was asked to represent India as a member of the tribunal of judges officiating at the Tokyo Trials in 1946. In deliberations with judges from 10 other countries, Pal was highly critical of the prosecution's use of the legal concept of conspiracy in the context of pre-war decisions by Japanese officials. He also maintained that the tribunal should not retrospectively apply (''[[nulla poena sine lege]]'') the new concept of Class A [[war crime]]s – waging aggressive (also known as [[crimes against peace]]) – and [[crimes against humanity]] (that had already been used ''[[ex post facto]]'' at the [[Nuremberg Trials]]). Hence Pal dissented from the tribunal's verdicts of guilt in the cases of defendants charged with Class A war crimes. His reasoning also influenced the judges representing the Netherlands and France, and all three of these judges issued [[dissenting opinion]]s. However, under the rules of the tribunal, all verdicts and sentences were decided by a [[majority opinion|majority]] of the presiding judges.

[[File:Family tree final Sept 2015 (1).jpg|thumb|A family tree of Radhabinod Pal. (Source: Madhumita Roy, née Pal, granddaughter of Radhabinod Pal.)((citation needed|date=August 2021))]]

==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 judgment 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 judgment.

He concluded:
((blockquote|I would hold that every one of the accused must be found not guilty of 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.<ref>Zinn, Howard (2015). A People's History of the United States: 1492-Present. p. 411.</ref> 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]]<ref name="Hull Note">((cite web
|last=Hull
|first=Cordell |author-link=Cordell Hull
|title=Outline of Proposed Basis for Agreement between the United States and Japan
|url=http://www.ibiblio.org/pha/timeline/411126bpw.html
|work=Peace and War, United States Foreign Policy 1931–1941
|publisher=[[United States Government Printing Office|US Govt. Printing Office]]
|location=[[Washington, D.C.|Washington]]
|access-date=1 February 2013))</ref>) 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". According to [[Norimitsu Onishi]], while he fully acknowledged Japan's war atrocities – including the [[Nanjing massacre]] – he said they were covered in the Class B and Class C trials.<ref name="nytimes">((cite news| url=https://www.nytimes.com/2007/08/31/world/asia/31memo.html | work=The New York Times | title=Decades After War Trials, Japan Still Honors a Dissenting Judge | first=Norimitsu | last=Onishi | date=31 August 2007))</ref> Judge Pal noted, "I might mention in this connection that even the published accounts of Nanking 'rape' could not be accepted by the world without some suspicion of exaggeration..."<ref>((cite web |url=http://www.nankingatrocities.net/Tribunals/imtfe_01.htm |title=International Military Tribunal for the Far East |access-date=22 August 2007 |url-status=dead |archive-url=https://web.archive.org/web/20070928163842/http://www.nankingatrocities.net/Tribunals/imtfe_01.htm |archive-date=28 September 2007 ))</ref>

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."<ref>"The Tokyo Judgment and the Rape of Nanking", by [[Timothy Brook (historian)|Timothy Brook]], ''The Journal of Asian Studies'', August 2001.</ref> 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.<ref name="article" /> 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".((Citation needed|date=October 2019)) In general, fear of American nuclear power was an international phenomenon following the bombings of Hiroshima and Nagasaki.

((quote box
| width = 50%
| align = center
| quote = When time shall have softened passion and prejudice, when Reason shall have stripped the mask from misrepresentation, then Justice, holding evenly her scales, will require much of past censure and praise to change places.
| source = — ''Pal quoting [[Jefferson Davis]] in the conclusion of the dissent''
))

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 patriots used as the basis of their argument that the Tokyo trials were biased.<ref name="nytimes" /><ref name="article">Timothy Brook, "The Tokyo Judgment and the Rape of Nanking", ''The Journal of Asian Studies'', Vol. 60, No.3 (Aug 2001), pp. 673–700.</ref><ref>((cite web |url=https://www.archives.gov/iwg/japanese-war-crimes/introductory-essays.pdf |title=Researching War Crimes |access-date=20 February 2016 |url-status=dead |archive-url=https://web.archive.org/web/20160303190336/http://www.archives.gov/iwg/japanese-war-crimes/introductory-essays.pdf |archive-date=3 March 2016 ))</ref> In academic context, it has since generally been argued that the underlying aim of the trials was to shift blame from Emperor [[Hirohito]] to Prime Minister [[Hideki Tojo]] as the culprit of the war.<ref>((cite book
 | last = Bix
 | first = Herbert
 | author-link = Herbert Bix
 | year = 2001
 | title = Hirohito and the Making of Modern Japan
 | publisher = Perennial

| title-link = Hirohito and the Making of Modern Japan
 ))</ref><ref>((cite book
 | last = Dower
 | first = John
 | title = Embracing Defeat
 | year = 1999

| title-link = Embracing Defeat
 ))</ref><ref>Kumao Toyoda 豊田隈雄, ''Sensô saiban yoroku''『戦争裁判余録』, Taiseisha Kabushiki Kaisha, 泰生社 1986.</ref>

Psychologist and cultural critic [[Ashis Nandy]] 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".<ref name="article" />

===Significance in Indo-Japanese relations===

[[File:Statues in Kolkata High Court. 11.jpg|thumb|Statue of Radhabinod Pal in Calcutta High Court]]
((Further|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".<ref name="article" /> 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]].<ref>((cite news| url=https://www.reuters.com/article/worldNews/idUSSP23909120070824?pageNumber=2 | title=Embattled Japan PM woos back conservatives | date=24 August 2007 | work=Reuters))</ref> 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]]:
((blockquote|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 [[Treaty of San Francisco|San Francisco Peace Conference]] in 1951 and [[Treaty of Peace Between Japan and India|signed a separate Peace Treaty]] with Japan in 1952".<ref>((Cite web|url=http://meaindia.nic.in/treatiesagreement/1952/chap66.htm|title=chapter 66|access-date=22 May 2020))</ref> "This, [[Jawaharlal Nehru|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."<ref>[http://pmindia.nic.in/speech/content.asp?id=114 http://pmindia.nic.in/speech/content.asp?id=114] ((webarchive|url=https://web.archive.org/web/20051212010734/http://pmindia.nic.in/speech/content.asp?id=114 |date=12 December 2005 ))</ref>))

On 14 December 2006, Singh made a speech in the [[Diet of Japan|Japanese Diet]]. He stated:
((blockquote|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.<ref name="speech">Embassy of India in Japan; [http://www.embassyofindiajapan.org/word/2006primeminister/Diet_Speech_eng.doc Prime Minister's speech to the Japanese Diet] on 14 December 2006 (Doc file)</ref>
))

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.<ref>((cite news| url=http://in.reuters.com/article/topNews/idINIndia-29108320070823?pageNumber=1 | title=Abe risks ire by meeting son of Indian judge | date=23 August 2007 | work=Reuters))</ref>

==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<ref>The Law of Income Tax in British India</ref>) and [[Debi Prasad Pal]] (who also served as a judge of the Calcutta High Court and Indian Minister of State for Finance).

==In popular culture==

In the 2016 miniseries ''[[Tokyo Trial (miniseries)|Tokyo Trial]]'', Pal is portrayed by Indian actor [[Irrfan Khan]].

==Notes==
((Reflist))

== References ==
* ((cite book|title=International Military Tribunal for the Far East: Dissentient Judgment of Justice Pal|publisher=Kokusho|location=Tokyo|date=1999|first=Radhabinod|last=Pal|url=http://www.sdh-fact.com/CL02_1/65_S4.pdf|archiveurl=https://web.archive.org/web/20110716024244/http://www.sdh-fact.com/CL02_1/65_S4.pdf|archivedate=16 July 2011)) Reprinted from: ((cite book|chapter=Judgment of the Member from India|first=Radhabinod|last=Pal|author-link=Radhabinod Pal|title=The Tokyo Judgment. The International Military Tribunal for the Far East (I.M.T.F.E.), 29 April 1946-12 November 1948, Volume 2|editor-last1=Röling|editor-first1=B. V. A.|editor-link1=Bert Röling|editor-last2=Rüter|editor-first2=C. F.|publisher=University Press Amsterdam|date=1977))
* Nandy, Ashish. The Savage Freud and Other Essays on Possible and Retrievable Selves. Delhi; London: OUP, 1995. Princeton, NJ: Princeton UP, 1995.
* Pal, Radhabinod. "In Defense of Japan's Case 1 & Case 2", Kenkyusha Modern English Readers 17, Kenkyusha Syuppan Co., Tokyo, Japan.
* ((cite book
 | last = Nakazato(中里)
 | first = Nariaki(成章)
 | year = 2011
 | title = Judge Pal: International Military Tribunal for the Far East and Indian nationalism
 | publisher=[[Iwanami Shoten, Publishers]]
 | isbn = 9784004312932
))
* ((cite book |last1=Pal |first1=Radhabinod |last2=Pal |first2=Balai Lal |title=The Law of Income Tax in British India |date=1940 |publisher=Eastern Law House |location=Calcutta |edition=First |url=https://archive.org/details/in.ernet.dli.2015.22312 |access-date=5 July 2018))

== External links ==
((commons category))
* [https://www.youtube.com/watch?v=CK_gJ1AlI2I Justice Radhabinod Pal, Rash behari and Netaji are still respected in Japan: Sushma Swaraj]
* [http://en.banglapedia.org/index.php?title=Pal,_Justice_Radhabinod Pal, Justice Radhabinod - Banglapedia]
* [http://www.sdh-fact.com/CL02_1/65_S3.pdf Judge Pal's Profile]
* [http://www.sdh-fact.com/CL02_1/65_S4.pdf Complete Dissentient Judgment of Justice Pal]
* [https://www.nytimes.com/2007/08/31/world/asia/31memo.html?ex=1346299200&en=005794f37666dd1a&ei=5124&partner=permalink&exprod=permalink Decades After War Trials, Japan Still Honors a Dissenting Judge (Japanese Honor Judge Pal)]
* [https://justiceradhabinodp.wixsite.com/justiceradhabinodpal A website with photos, videos and documents on Justice Radhabinod Pal]

((Authority control))
((Padma Vibhushan Awards))
((University of Calcutta Vice chancellors))
((Portal bar|India|Japan|Law|Biography))

((DEFAULTSORT:Pal, Radhabinod))
[[Category:1886 births]]
[[Category:1967 deaths]]
[[Category:Presidency University, Kolkata alumni]]
[[Category:Bengali people]]
[[Category:Indian expatriates in Japan]]
[[Category:20th-century Indian judges]]
[[Category:Recipients of the Order of the Sacred Treasure]]
[[Category:Recipients of the Padma Vibhushan in public affairs]]
[[Category:University of Calcutta alumni]]
[[Category:Academic staff of the University of Calcutta]]
[[Category:Vice Chancellors of the University of Calcutta]]
[[Category:Judges of the International Military Tribunal for the Far East]]
[[Category:India–Japan relations]]
[[Category:People from Kushtia District]]
[[Category:Judges of the Calcutta High Court]]
[[Category:Indian officials of the United Nations]]
[[Category:Indian judges of international courts and tribunals]]
[[Category:Indian judges]]
[[Category:Rajshahi College alumni]]
[[Category:Indian National Congress politicians from West Bengal]]

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Module:InfoboxImage (view source) (template editor protected)
Module:Labelled list hatnote (view source) (template editor protected)
Module:List (view source) (protected)
Module:Message box (view source) (protected)
Module:Message box/ambox.css (view source) (protected)
Module:Message box/configuration (view source) (protected)
Module:Namespace detect/config (view source) (protected)
Module:Namespace detect/data (view source) (protected)
Module:Navbar (view source) (protected)
Module:Navbar/configuration (view source) (protected)
Module:Navbar/styles.css (view source) (protected)
Module:Navbox (view source) (template editor protected)
Module:Navbox/configuration (view source) (template editor protected)
Module:Navbox/styles.css (view source) (template editor protected)
Module:Ns has subpages (view source) (protected)
Module:Pagetype (view source) (protected)
Module:Pagetype/config (view source) (protected)
Module:Pagetype/disambiguation (view source) (protected)
Module:Pagetype/setindex (view source) (protected)
Module:Pagetype/softredirect (view source) (protected)
Module:ParameterCount (view source) (template editor protected)
Module:Parameter validation (view source) (template editor protected)
Module:Parameter validation/default config (view source) (template editor protected)
Module:Portal (view source) (template editor protected)
Module:Portal/images/b (view source) (template editor protected)
Module:Portal/images/i (view source) (template editor protected)
Module:Portal/images/j (view source) (template editor protected)
Module:Portal/images/l (view source) (template editor protected)
Module:Portal bar (view source) (template editor protected)
Module:Portal bar/styles.css (view source) (template editor protected)
Module:SDcat (view source) (protected)
Module:Separated entries (view source) (protected)
Module:Side box (view source) (template editor protected)
Module:Side box/styles.css (view source) (template editor protected)
Module:String (view source) (protected)
Module:TableTools (view source) (protected)
Module:Text (view source) (template editor protected)
Module:Unsubst (view source) (protected)
Module:Wd (view source) (template editor protected)
Module:Wd/i18n (view source) (template editor protected)
Module:Webarchive (view source) (template editor protected)
Module:Webarchive/data (view source) (template editor protected)
Module:WikidataIB (view source) (template editor protected)
Module:WikidataIB/nolinks (view source) (template editor protected)
Module:WikidataIB/titleformats (view source) (template editor protected)
Module:Wikitext Parsing (view source) (protected)
Module:Yesno (view source) (protected)

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