War Crimes in Asia Mainland - Definitions - International and Japanese Law

International and Japanese Law

Japan did not sign the Geneva Convention of 1929, though in 1942, it did promise to abide by its terms. The crimes committed also fall under other aspects of international and Japanese law. For example, many of the crimes committed by Japanese personnel during World War II broke Japanese military law, and were subject to court martial, as required by that law. The Empire also violated international agreements signed by Japan, including provisions of the Hague Conventions (1899 and 1907) such as a ban on the use of chemical weapons and protections for prisoners of war. The Japanese government also signed the Kellogg-Briand Pact (1929), thereby rendering its actions in 1937-45 liable to charges of crimes against peace, a charge that was introduced at the Tokyo Trials to prosecute "Class A" war criminals. "Class B" war criminals were those found guilty of war crimes per se, and "Class C" war criminals were those guilty of crimes against humanity. The Japanese government also accepted the terms set by the Potsdam Declaration (1945) after the end of the war, including the provision in Article 10 of punishment for "all war criminals, including those who have visited cruelties upon our prisoners."

In Japan, the term "Japanese war crimes" generally only refers to cases tried by the International Military Tribunal for the Far East, also known as the Tokyo Trials, following the end of the Pacific War. However, the tribunal did not prosecute war crimes allegations involving mid-ranking officers or more junior personnel. Those were dealt with separately in other cities throughout the Asia-Pacific region.

Japanese law does not define those convicted in the post-1945 trials as criminals, despite the fact that Japan's governments have accepted the judgments made in the trials, and in the Treaty of San Francisco (1952). This is because the treaty does not mention the legal validity of the tribunal. Had Japan certified the legal validity of the war crimes tribunals in the San Francisco Treaty, the war crimes would have become open to appeal and overturning in Japanese courts. This would have been unacceptable in international diplomatic circles. Former Prime Minister Shinzo Abe has advocated the position that Japan accepted the Tokyo tribunal and its judgements as a condition for ending the war, but that its verdicts have no relation to domestic law. According to this view, those convicted of war crimes are not criminals under Japanese law. This view may have been accepted by Japanese courts.