Henri Bernard (8 October 1899 – 15 February 1986) was a French lawyer and judge. Bernard made a career in the colonies before joining

Free France Free France (french: France Libre) was a political entity that claimed to be the legitimate government of France following the dissolution of the Third Republic. Led by French general , Free France was established as a government-in-exile ...

during the

Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

. After the war, he was one of the judges of the

International Military Tribunal for the Far East The International Military Tribunal for the Far East (IMTFE), also known as the Tokyo Trial or the Tokyo War Crimes Tribunal, was a military trial convened on April 29, 1946 to try leaders of the Empire of Japan for crimes against peace, conven ...

Biography

Henri Bernard was born on 8 October 1899 in

Arles Arles (, , ; oc, label= Provençal, Arle ; Classical la, Arelate) is a coastal city and commune in the South of France, a subprefecture in the Bouches-du-Rhône department of the Provence-Alpes-Côte d'Azur region, in the former province of ...

, and obtained his law degree at the University of Aix-en-Provence. After his graduation, he became a colonial magistrate. In 1931, he was a deputy public prosecutor in

Conakry Conakry (; ; sus, Kɔnakiri; N’ko: ߞߐߣߊߞߙߌ߫, Fula: ''Konaakiri'' 𞤑𞤮𞤲𞤢𞥄𞤳𞤭𞤪𞤭) is the capital and largest city of Guinea. A port city, it serves as the economic, financial and cultural centre of Guinea. Its p ...

French Guinea French Guinea (french: Guinée française) was a French colonial possession in West Africa. Its borders, while changed over time, were in 1958 those of the current independent nation of Guinea. French Guinea was established by France in 1891, ...

. In 1933, he was the

examining magistrate In an inquisitorial system of law, the examining magistrate (also called investigating magistrate, inquisitorial magistrate, or investigating judge) is a judge who carries out pre-trial investigations into allegations of crime and in some cases ma ...

Dakar Dakar ( ; ; wo, Ndakaaru) (from daqaar ''tamarind''), is the capital and largest city of Senegal. The city of Dakar proper has a population of 1,030,594, whereas the population of the Dakar metropolitan area is estimated at 3.94 million in 2 ...

French West Africa French West Africa (french: Afrique-Occidentale française, ) was a federation of eight French colonial territories in West Africa: Mauritania, Senegal, French Sudan (now Mali), French Guinea (now Guinea), Ivory Coast, Upper Volta (now Burki ...

. In 1938, he was a public prosecutor in

Bangui Bangui () (or Bangî in Sango, formerly written Bangi in English) is the capital and largest city of the Central African Republic. It was established as a French outpost in 1889 and named after its location on the northern bank of the Ubangi ...

French Equatorial Africa French Equatorial Africa (french: link=no, Afrique-Équatoriale française), or the AEF, was the federation of French colonial possessions in Equatorial Africa, extending northwards from the Congo River into the Sahel, and comprising what are ...

. In 1941 he was promoted to deputy Attorney General, and in 1943 the Avocat-General. During his time as Avocat-General, he enjoyed the support of Minister of Colonies

Georges Mandel Georges Mandel (5 June 1885 – 7 July 1944) was a French journalist, politician, and French Resistance leader. Early life Born Louis George Rothschild in Chatou, Yvelines, he was the son of a tailor and his wife. His family was Jewish, originally ...

. During the Second World War, Bernard joined

. For supporting the Free French forces in

Brazzaville Brazzaville (, kg, Kintamo, Nkuna, Kintambo, Ntamo, Mavula, Tandala, Mfwa, Mfua; Teke: ''M'fa'', ''Mfaa'', ''Mfa'', ''Mfoa''Roman Adrian Cybriwsky, ''Capital Cities around the World: An Encyclopedia of Geography, History, and Culture'', ABC-CLI ...

on 28 August 1940, he was sentenced to death ''in absentia'' in July 1941 by the military tribunal of

Gannat Gannat (; Auvergnat: ''Gatnat'') is a commune in the Allier department in central France. Gannat was a sub-prefecture until 1926, with a population of around 5,800 inhabitants. There is a castle (the Château de Gannat), two churches of whic ...

Vichy France Vichy France (french: Régime de Vichy; 10 July 1940 – 9 August 1944), officially the French State ('), was the fascist French state headed by Marshal Philippe Pétain during World War II. Officially independent, but with half of its ter ...

. In Free France, he was appointed colonel and was posted to

Beirut Beirut, french: Beyrouth is the capital and largest city of Lebanon. , Greater Beirut has a population of 2.5 million, which makes it the third-largest city in the Levant region. The city is situated on a peninsula at the midpoint o ...

as the government’s representative (''Commissaire du gouvernment''). After the war, Bernard returned to his duties as a colonial magistrate. He was later appointed as the French judge at the International Military Tribunal for the Far East ("Tokyo Trial") in

Tokyo Tokyo (; ja, 東京, , ), officially the Tokyo Metropolis ( ja, 東京都, label=none, ), is the capital and largest city of Japan. Formerly known as Edo, its metropolitan area () is the most populous in the world, with an estimated 37.468 ...

by the Minister of the Overseas, following the withdrawal of fellow magistrate Henri Heimburger. Bernard spoke little English, and was assisted by Jacques Gouëlou, an English teacher from Lycée Michelet of

Paris Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. S ...

. He issued a dissenting opinion at the Tribunal, criticizing the trial proceedings as partial, and with a selective prosecution that excluded

Emperor An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...

Hirohito Emperor , commonly known in English-speaking countries by his personal name , was the 124th emperor of Japan, ruling from 25 December 1926 until his death in 1989. Hirohito and his wife, Empress Kōjun, had two sons and five daughters; he was ...

, whom he considered the "principal perpetrator" of the war. He died in 1986.

References

External links

Dissenting Judgment of the Member from France of the IMTFE, November 12, 1948
{{DEFAULTSORT:Bernard, Henri 1899 births 1986 deaths People from Arles French magistrates French Resistance members Free French military personnel of World War II Judges of the International Military Tribunal for the Far East French judges of international courts and tribunals