Well, at first, the Minpo, the Japanese Civil Code, is based upon the BGB (1896 version). Indeed it was in force 2 years earlier. And now it becomes more interesting. There were even some points NOT taken over. But as the Japanese followed the German jurisprudence completely, they ignored that. For some time at least they said, there is no law than German law. Many Japanese lawyers still learn German. I met a Japanese professor in my 2nd semester at uni. He told me the background.
Some words to Alta. At first, it is the president, who is CIC and thus has the power to order the armed forces at any place. The Congress can't do much in this regard. Impeachment and no money are the only real possibilities. And the strategy to Zerg rush the German wasn't insane. With more ships it had worked.
However, the defeat was indeed a heavy punch, as not only many ships were sunk, the loss of qualified personnel is even more a problem. Sure, the US can train them. But they have to relearn lessons, which were NOT learned at school.
As for Pal's opinion, I have to go a bit deeper. At first, I have to say, the Japanese DID warcrimes. The Germans did so as well. However, IF you make such a trial like Nürnberg or Tokyo, you need to make it right. Or it's just a show trial, similar to the Volksgerichtshof. IMO it was more perfidious, as the so called Volksgerichtshof was a show trial, nearly openly. The Allied trials should have been fair, but wasn't.
en.wikipedia.org
I don't have time to make many comments, but this list is very good to get an idea, that these trials were victor's justice. Again, don't get me wrong, I don't say, they were innocent. But the trials were unfair. A colleague of mine said this, which fits completely.
from wiki, see above
As for Pal's arguments, which were even seen by Jackson, the chief US persecutor, the Allies did or have done the very same as well.
wiki, s.a.
And now we are nearing an interesting point. Otto Kranzbühler, the defender of Dönitz, managed to get a written testimony, that in regards to merchant ships the US did also attack without warning. Dönitz was found guilty in this regard, but not punished, therefore.
So is the tu-quoque (you, too) a reason to stop a trial? No. One crime and the other can't be used to justify the other (unless they are not somehow linked together). I can't rape the sister of a man, who killed my father, for example. In International Law, you can make reprisals if the other one is not playing fair. For example, it was justified to attack merchant vessels, as the British blockade was against the laws.
So you can't say, because of the Allied war crimes they could not make any trial. That is no reason per se. And that's no reason to say no to a judgment. Insofar I would not say, Mr. Pal was right in this regard. In other regards, that it was no fair trial, he was. Therefore the whole trials were (unfortunately) unfair and only victor's justice (look at Yamashita for example).
However, if a court was held against only one side, and here also mostly to punish the crimes against peace, a punishment not existing before, it loses the credibility very fast. So the Allied war criminals had to be judged the same way. But it was hardly possible, that Stalin or Harris were prosecuted. Or Truman and Churchill.
If they had been earnest, they would have made fair trials and would have also prosecuted the own war criminals. That hasn't happened. Missing the first means a show trial. Missing the latter means losing credibility.