Legal Basis
Although the Empire of Japan did not sign the Geneva Conventions, which have provided the standard definition of war crimes since 1864, the crimes committed fall under other aspects of international and Japanese law. For example, many of the alleged crimes committed by Japanese personnel broke Japanese military law, and were not subject to court martial, as required by that law. Japan also violated signed international agreements, including provisions of the Treaty of Versailles such as a ban on the use of chemical weapons, and the Hague Conventions (1899 and 1907), which protect prisoners of war (POWs). 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. The declaration alluded, in Article 10, to two kinds of war crime: one was the violation of international laws, such as the abuse of prisoners of war; the other was obstructing "democratic tendencies among the Japanese people" and civil liberties within Japan.
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 trials held in China and in the Soviet Union after the surrender of Japan.
Revisionist historians have contested that such crimes occurred. Right-wing nationalist groups in Japan dismiss some of the alleged war crimes as lies, or anti-Japanese propaganda, made or being made by the People's Republic of China to justify its occupation of Manchuria, and to place modern Japan in a negative light for modern political and foreign policy purposes.
Read more about this topic: War Crimes In Manchukuo
Famous quotes containing the words legal and/or basis:
“I am opposed to writing about the private lives of living authors and psychoanalyzing them while they are alive. Criticism is getting all mixed up with a combination of the Junior F.B.I.- men, discards from Freud and Jung and a sort of Columnist peep- hole and missing laundry list school.... Every young English professor sees gold in them dirty sheets now. Imagine what they can do with the soiled sheets of four legal beds by the same writer and you can see why their tongues are slavering.”
—Ernest Hemingway (1899–1961)
“The basis of world peace is the teaching which runs through almost all the great religions of the world. “Love thy neighbor as thyself.” Christ, some of the other great Jewish teachers, Buddha, all preached it. Their followers forgot it. What is the trouble between capital and labor, what is the trouble in many of our communities, but rather a universal forgetting that this teaching is one of our first obligations.”
—Eleanor Roosevelt (1884–1962)