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| Former U.S. servicemen and their families hold a meeting in Virginia in late May. Some of the veterans were taken prisoner by the Japanese Imperial Army in the Philippines during the World War II. |
Moves to question Japan's wartime
behavior are becoming active in
the United States. The U.S. government
has started to look for historical
records concerning the behavior
of the Japanese army during the
Japanese-Chinese War and World
War II. Meanwhile, former prisoners
of war and women who were forced
into sexual slavery to serve Japanese
soldiers are suing the Japanese
government and companies to
demand an apology and compensation.
At the beginning of this year, a
thick document was delivered to
seven U.S. government organizations,
including the Department of
Defense, the Central Intelligence
Agency and the State Department.
The report, titled "Search Term List
Regarding World War II Japanese
War Crimes, War Criminals, Persecution
and Looting," noted the
following:
"It should be noted that anything
relating to American and Allied
prisoners of war should be considered
relevant as most POWs
suffered at the hands of their Japanese
captors.
"Likewise, anything relating to
biological warfare should be considered
relevant because of the use
of POWs and civilians as test subjects
as well as the Japanese use of
biological warfare against their
enemies.
"Records relating to the use of
force and slave labor and to the
involvement of women in the Japanese
'comfort women' program
should be considered relevant."
The report then went on to list the
following items, covering 65 pages.
* The names of Class A war
criminals, including former Prime
Minister Hideki Tojo, and 28 members
of the Unit 731, including
commanding officer Shiro Ishii and
others who developed and carried
out experiments of biological and
bacteriological weapons on humans.
* The dates and names of 128
places where the Japanese army
massacred prisoners of war and
civilians.
* Five "death marches" in Bataan
and elsewhere in which many prisoners
of war died. Twenty-three
cases of the death penalty given to
prisoners of war who tried to escape.
* Seventy-one troopships that carried
Allied prisoners of war to Japan
from elsewhere in Asia. Two hundred
and one facilities in and outside
Japan where prisoners of war were
detained and forced to work.
Manchurian Incident
The report carries a foreword by
Samuel Burger, former presidential
assistant for national security affairs
under the Bill Clinton administration,
urging the U.S. government
to dig up and disclose secret documents
that prove war crimes and
persecution by Japan retroactive to
1931, when the Manchurian Incident
occurred.
In response to the enactment of
the Japanese Imperial Government
Records Act last year-end, U.S.
government agencies have started to
go through the archives again based
on the list.
During its occupation of postwar
Japan, the United States took back
large quantities of Japanese military
and government documents for the
purpose of investigating Japan's war
crimes and gathering military intelligence.
In the 1950s, the Japanese government
demanded the documents be
returned. In 1954, crew members of
Daigo Fukuryu-maru, a Japanese
fishing boat operating in the Pacific,
were exposed to radioactive fallout
from a U.S. nuclear test in the Bikini
Atoll.
Out of concern that Japan-U.S.
relations could deteriorate over the
incident, the State Department called
on the CIA, the military and
Congress to meet Japan's request.
According to U.S. sources, the
U.S. military agreed to the return on
condition that it would be able to
peruse the documents again in the
future.
The U.S. government recorded
about 3 percent of a total of 18
million pages of documents on
microfilm and sent them back to
Japan starting in 1958.
The members of the Nazi War
Crimes and Japanese Imperial
Government Records Interagency
Working Group (IWG) are showing
strong interest in the documents
that were returned to Japan.
IWG Chairman Steven Garfinkel
said that if necessary, the group may
request the Japanese side to give it
access to the documents.
The U.S. side is unhappy with
Japan that it has not fully disclosed
war-related information. According
to Eli Rosenbaum, director of the
Office of Special Investigations with
the U.S. Justice Department's
Criminal
Division, the number of Japanese
whom the United States bans entry
because of war crimes now stands at
around 30. While the office tried to
add dozens more to the list as a
result of an independent U.S. study,
it has not been able to because the
Japanese side has refused to confirm
their dates of birth.
Forced labor
"If the Japanese government and
corporations acknowledge that they
forced us into slave labor, it (our
resentment) will go away," said
Edward Jackfert, Past National Commander
of American Defenders of
Bataan and Corregidor, a veterans'
group.
Jackfert, 79, who lives in West
Virginia, was captured by the Japanese
army in the Philippines in 1942,
when he was working as a mechanic
in the U.S. army. He was transported
by ship to Kawasaki and was a forced
laborer at an operation center of a
Mitsui group company for nearly
three years.
Jackfert maintains that he was not
fed properly and was not allowed to
stop work even during bombing by
U.S. forces. He is preparing to sue a
U.S. Mitsui subsidiary and other
parties to demand compensation for
forced labor.
More than 30 similar lawsuits
against Japanese companies have
been filed since 1999, of which about
half have been dismissed by federal
courts.
Japanese companies maintain that
the Allied Powers and the people
have renounced their claim for
compensation toward Japan and the
Japanese people under the San
Francisco Peace Treaty and the
problem has been settled. So far, the
suits have been decided in their
favor.
However, in May, the Superior
Court of California's Orange County
urged both the plaintiffs, former
prisoners of war, and the defendants,
Japanese corporations, to start negotiations
for a settlement. This is the
first time in the series of trials for the
court to recommend the conflicting
parties to reach a settlement.
Michael Hausfeld, a well-known
Washington lawyer, represents 15
former "comfort women" who come
from the Republic of Korea (South
Korea), China, Taiwan and the
Philippines. In September, they filed
lawsuit against the Japanese
government with the Washington
federal district court demanding
compensation.
Hausfeld said that what is at issue
is not the acts of soldiers but
violations of human rights. He has
squarely challenged the governments
of Japan and the United States,
which are demanding that the case
be dismissed on grounds of "sovereign
immunity" based on treaties.
A Japanese government official
who has been stationed in the United
States for a long time said: "No
matter how many times we are sued,
we cannot break the order built by
the peace treaty. Japan paid a huge
amount of reparations at the time
and the matter was settled between
governments. If we are to compensate
individuals from now on, it
would mean a huge burden on the
national finance. I doubt the Japanese
public would accept that."
In November, Japanese lawmakers
submitted a bill to establish an
Investigative Bureau For Eternal
Peace within the National Diet
Library to bring to light the real
situation of war damage. The purpose
is "to uncover the ravages of war,
promote public understanding and
pass it down to the next generation to
build a relationship of trust with
people in Asia and the world."
The Japanese Imperial Government
Records Act took effect in
March. The bill was submitted to the
Senate by Democratic Senator
Dianne Feinstein of California and
was made into law last year. It
provides that the U.S. government
find and disclose confidential
records in its safekeeping concerning
all people officially recognized by
the government as having ordered,
instigated, supported or participated
in human testing or persecution
under order by Imperial Japan
between September 1931 (when the
Japanese began their conquest of
Manchuria) and the end of 1948.
The content of the law is similar to
that of the Nazi War Crimes Disclosure
Act that was passed in 1998.
Feinstein has been tackling the
problem of discrimination by race,
sex and disabilities. Partly supported
by moves of Asian-American groups,
group of experts in international
human rights law took the initiative
for legislation.