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Japanese war crimes occurred during the period of Japanese imperialism. Some of the incidents have also been described as an Asian Holocaust and Japanese war atrocities . Some war crimes were committed by military personnel from the Empire of Japan in the late 19th century, although most took place during the first part of the Shōwa Era , the name given to the reign of Emperor Hirohito, until the military defeat of the Empire of Japan, in 1945.
Historians and governments of some countries officially hold Japanese military forces, namely the Imperial Japanese Army and the Imperial Japanese Navy, responsible for killings and other crimes committed against millions of civilians and prisoners of war.
Definitions
Main article: Definitions of Japanese war crimesWar crimes have been defined by the Nuremberg Charter as "violations of the laws or customs of war," which includes crimes against enemy civilians and enemy combatants. Military personnel from the Empire of Japan have been accused or convicted of committing many such acts during the period of Japanese imperialism from the late 19th to mid-20th centuries. They have been accused of conducting a series of human rights abuses against civilians and prisoners of war (POWs) throughout East Asia and the western Pacific region. These events reached their height during the Second Sino-Japanese War of 1937–45 and the Asian and Pacific campaigns of World War II (1941-45).
International and Japanese law
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 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.
Historical and geographical extent
Outside Japan, different societies use widely different timeframes in defining Japanese war crimes. For example, the annexation of Korea by Japan in 1910 was enforced by the Japanese military, and was followed by the deprivation of civil liberties and exploitation of the Korean people. Thus, some Koreans refer to "Japanese war crimes" as events occurring during the period of 1910 (or earlier) to 1945.
By comparison, the Western Allies did not come into military conflict with Japan until 1941, and North Americans, Australasians, South East Asians and Europeans may consider "Japanese war crimes" to be events that occurred in 1941-45.
Japanese war crimes were not always carried out by ethnic Japanese personnel. A small minority of people in every Asian and Pacific country invaded or occupied by Japan collaborated with the Japanese military, or even served in it, for a wide variety of reasons, such as economic hardship, coercion, or antipathy to other imperialist powers.
Japan's sovereignty over Korea and Formosa (Taiwan), in the first half of the 20th century, was recognized by international agreements—the Treaty of Shimonoseki (1895) and the Japan-Korea Annexation Treaty (1910)—and they were considered at the time to be integral parts of the Japanese Empire. However, the legality of these treaties is in question, as the native populations were not consulted, there was armed resistance to Japan's annexations, and war crimes may also be committed during civil wars.
Background
Japanese military culture and imperialism
Main articles: Militarism-Socialism in Showa Japan, Japanese militarism, Eugenics in Showa Japan, Xenophobia in Showa Japan
Military culture, especially during Japan's imperialist phase had great bearing on the conduct of the Japanese military before and during World War II.
Centuries previously, the samurai of Japan had been taught unquestioning obedience to their lords, as well as to be fearless in battle. After the Meiji Restoration and the collapse of the Tokugawa Shogunate, the Emperor became the focus of military loyalty. During the so-called "Age of Empire" in the late 19th century, Japan followed the lead of other world powers in developing an empire, pursuing that objective aggressively.
As with other imperial powers, Japanese popular culture became increasingly jingoistic through the end of the 19th century and into the 20th century. The rise of Japanese nationalism was seen partly in the adoption of Shinto as a state religion from 1890, including its entrenchment in the education system. Shinto held the Emperor to be divine because he was deemed to be a descendant of the sun goddess Amaterasu. This provided justification for the requirement that the emperor and his representatives be obeyed without question.
Victory in the First Sino-Japanese War (1894-95) signified Japan's rise to the status of a major military power.
Unlike the other major powers, Japan did not sign the Geneva Convention—which stipulates the humane treatment of civilians and POWs—until after World War II. Nevertheless, an Imperial Proclamation (1894) stated that Japanese soldiers should make every effort to win the war without violating international law. According to historian Yuki Tanaka, Japanese forces during the First Sino-Japanese War, released 1,790 Chinese prisoners without harm, once they signed an agreement not to take up arms against Japan again. After the Russo-Japanese War (1904-05), all 79,367 Russian Empire prisoners were released, and were paid for labour performed, in accordance with the Hague Convention. Similarly the behaviour of the Japanese military in World War I (1914-18) was at least as humane as that of other militaries, with some German POWs of the Japanese finding life in Japan so agreeable that they stayed and settled in Japan after the war.
The events of the 1930s and 1940s
By the late 1930s, the rise of militarism in Japan created at least superficial similarities between the wider Japanese military culture and that of Nazi Germany's elite military personnel, such as those in the Waffen-SS . Japan also had a military secret police force, known as the Kempeitai , which resembled the Nazi Gestapo in its role in annexed and occupied countries. As in other dictatorships, irrational brutality, hatred and fear became commonplace. Perceived failure, or insufficient devotion to the Emperor would attract punishment, frequently of the physical kind. In the military, officers would assault and beat men under their command, who would pass the beating on to lower ranks, all the way down. In POW camps, this meant prisoners received the worst beatings of all.
Crimes
The Japanese military during the 1930s and 1940s is often compared to the military of Nazi Germany during 1933–45 because of the sheer scale of suffering. Much of the controversy regarding Japan's role in World War II revolves around the death rates o
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