Conclusion
The attack on Pearl Harbor
was clearly made in violation of international norms. A proper declaration
of war was not issued, leaving the United States bereft of the required
notice. This was due not only to a refusal by the Japanese to issue a valid
declaration but also to a desire to preserve the surprise nature of the
attack (not to mention to poor planning and chance). Even if a proper declaration
of war had been issued, the attack was still undertaken in violation of
the prohibition on aggressive war set forth in the Kellogg-Briand Pact
of 1928 of which Japan was a signatory. The attack was clearly not an act
of self-defense against a belligerent nation. While the United States had
placed an economic embargo on the exporting of certain goods to Japan and
was engaged in some hard-nosed diplomacy, it had not committed acts of
war which would justify the use of force in self-defense. In sum, those
Japanese leaders tried at the Tokyo Trials for their role in the attack
on Pearl Harbor were rightly punished; in fact, many other leaders should
rightly have been convicted and punished for the commission of war crimes
and crimes against the peace.