Judgement

Original (English)

The Emperor and Japanese military officials found guilty

Emperor Hirohito
Related Biographical Data
Nov 1921 -: served as regency
Dec1926-Jan1989:Emperor

The Head of State and Supreme Commander with the prerogative of the army and navy of Japan. His political authority was independent of and superior to all of the legislative, judicial, and administrative powers. The Governors-General of Taiwan and Korea reported directly to him.
Judging from the de jure and de facto authority he owned and exercised, Emperor HIROHITO had reason to know of the propensity of his soldiers to commit widespread rape against local women in the regions of China and Southeast Asia invaded by the Japanese forces, along with Korea, Taiwan and other colonies, and Japan proper (including Okinawa) during the war between Japan and China as well ·as the Asia Pacific War. He had a duty to take necessary and reasonable measures to prevent, halt and punish such violations. As such, he is found guilty as incurring superior responsibility for the crimes of rape and sexual slavery committed as part of military sexual slavery. [Judgement 831]
Furthermore, although HIROHITO had to have known that the “comfort system” was being rapidly expanded as a purported alternative to the rape of local women and that rape and sexual slavery were being committed in the “comfort system”, based on the significance of the “comfort system” to the war effort, he participated by tacitly or actively approving the existence and expansion of the “comfort system.” As such, he is found guilty as incurring individual responsibility for the rape and sexual slavery as crimes against humanity, relating to the victims at “comfort stations” caused in the entire regions mentioned above [Judgement 832].

ANDO Rikichi
Related biographical data
Nov 1938 – Feb 1940: served as Commander of 21st Army
Feb 1940 – Oct 1940: served as Commander of South China Area Army
Nov 1941 – Feb 1945: served as Commander of Taiwan Army
Jan 1944 : made General
Sept 1944 – Sept 1945: served as Commander of 1Oth Area Army
Sept 1944 – end of war: served concurrently as Governor-General of Taiwan
April1946: committed suicide in Shanghai Prison

When served as Commander of 21st Army dispatched to southern China, he accepted “comfort women” from mainland Japan and Taiwan as a commander and allowed the women be allocated to the troops under his command. As Commander of Taiwan Army, he allowed women recruited in Taiwan and dispatched out as “comfort women” to Southeast Asia and other areas.
ANDO Rikichi is found guilty as incurring individual and superior responsibility, relating to the victims of rape and sexual slavery committed at “comfort stations” in southern China (November 1938 – October 1940) and Taiwan (November 1941 – August 1945), for having knowingly participated in the “comfort system” and for failing to prevent crimes committed by subordinates [Judgement 809-811].

HATA · Shunroku
Related Biographical Data
Aug 1936 -Aug 1937: served as Commander of Taiwan Army (Lieutenant General)
Aug 1937- Feb 1938: served as Inspector-General of Military Education (Nov 1937: made General)
Feb – Dec1938: served as Commander of Central China Expeditionary Army
May 1939- Aug 1939: served as Senior Aide-de-camp to the Emperor
Aug 1939- July 1940: served as War Minister
March 1941 -Nov 1944: served as Commander-in-Chief of China Expeditionary Army
(June 1944: made Marshal)
Nov 1944 -Apr 1945: served as Inspector-General of Military Education
Apr 1945 – : served as Commander of 2nd General Army
Nov 1948: sentenced life imprisonment as a class A war criminal
Oct 1954: released on parole
Apr 1958: remitted of punishment

Commander of the Japanese army covering central China at the time the system of “comfort stations” was expanded. He was responsible for the establishment of the facilities in this area. Then, he promoted establishing more of them in China as the chief executive for the Army. While he was the Commander-in-Chief of the entire Japanese Army in China, sexual violence was rampant throughout the country including establishment of more “comfort stations”, abduction/confinement of women and rape. In preparation for the final war in homeland, “comfort stations” were established there, too, by the troops under his command.
HATA Shunroku is found guilty as incurring individual and superior responsibility, relating to the victims of rape and sexual slavery committed at “comfort stations” in central China (February 1938- December 1938) and throughout China (August 1939- July 1940, March 1941 – November 1944), for having knowingly participated in the “comfort system” and for failing to prevent crimes committed by subordinates [Judgement 809-811].

ITAGAKI Seishiro
Related Biographical Data
March 1936- March 1937: served as Chief of Staff to Kwantung Army
(April 1936: made Lieutenant General)
March 1937- May 1938: served as Commander of 5th Division
June 1938 -Aug 1939: served as War Minister
Sept 1939 -July 1941: served as Chief of Staff to China Expeditionary Army
July 1941: made General
July 1941 -April1945: served as Commander of Korea Army
Feb 1945 -April 1945: served concurrently as Commander of 17th Area Army
Apr 1945 – end of war: served Commander of 7th Area Army
Dec 1948: executed as class A war criminal

Held control over the Japanese forces at the time “comfort stations” were systematically set up in China. Served as Chief of Staff to China Expeditionary Army in charge of entire China, when “comfort stations” were set up throughout China. While he was Commander of 7th Area Army, “comfort stations” continued to be opened up even toward the end of the war in Singapore, the base of 7th Area Army’s headquarters.
ITAGAKI Seishiro is found guilty as incurring individual and superior responsibility, relating to the victims of rape and sexual slavery committed at “comfort stations” in China (June 1938 – July 1941) and Korean Peninsula (July 1941 – April 1945), for having knowingly participated in the “comfort system” and for failing to prevent crimes committed by subordinates [Judgement 808-811, 813].

KOBAYASHI Seizo
Related Biographical Data
Sep 1936- Nov 1940: served as Governor-General of Taiwan (Admiral)
Dec 1944 – March 1945: served as cabinet minister
Dec 1945: held in Sugamo Prison (war criminals prison in Tokyo)
Sept 1, 1947: released
Head of the Administration over Taiwan, which sent out its local women as “comfort women” to China and Southeast Asia. It is documented in the “inquiry concerning women traveling to China” (a Police Bureau material, dated 4/Nov/1938) that, as requested by 21st Army covering southern China, officials in charge at the Ministry of War and the Police Bureau of Home Ministry held meetings and decided to order each prefecture governor, local police and the Governor-General of Taiwan to select recruiters so that they could collect and send women to southern China.
KOBAYASHI Seizo is found guilty as incurring individual and superior responsibility, relating to the victims of rape and sexual slavery who were sent out from Taiwan to China (September 1936 – November 1940), for having knowingly participated in the “comfort system” and for failing to prevent crimes committed by subordinates [Judgement 809-811].

MATSUI lwane
Related biographical data
Aug- Dec 1937: served as Commander of Shanghai Expeditionary Army (General)
Oct 1937- Feb 1938: served as Commander of Central China Area Army
Oct – Dec 1937: served concurrently as Commander of Shanghai Expeditionary Army
March 1946: held in Sugamo Prison (war criminals prison in Tokyo)
Dec 1948: executed as a class A war criminal

MATSUI took control of the Japanese army’s attack on and conquest of Nanking (Nanjing). His troops in Nanking committed wholesale rape, which was a significant motivation for the institutionalization of “comfort” facilities in a systematic manner. Central China Area Army, under Commander MATSUI, ordered to set up “comfort stations”.
MATSUI lwane is found guilty as incurring individual and superior responsibility, relating to the victims of rape and sexual slavery (Oct 1937- Feb 1938) committed at “comfort stations” which were set up subsequent to the countless rape crimes, committed by the Japanese army during the invasion of Nanking, being brought into question, for having knowingly participated in the “comfort system” and for failing to prevent crimes committed by subordinates [Judgement 809-811].

TERAUCHI Hisaichi
Related Biographical Data
March 1936- Feb 1937: served as War Minister
Feb- Aug 1937: served as Inspector-General of Military Education
Aug 1937- Dec 1938: served as Commander of North China Area Army
Nov 1941 -Nov 1945: served as Commander-in-Chief of Southern Army
June1943: made Marshal
June 1946: died of illness in Rengam (near Johore Bahru, Malaya)
Commander of the Japanese army which was engaged in the occupation of northern China. After Japan embarked war against China, North China Area Army actively promoted the establishment of “comfort stations”. Also he was the chief commander of the whole Japanese army in Southeast Asia. As Commander-in-chief of Southern Army, he was responsible for the systematic establishment of “comfort stations” through requesting the Ministry of War to dispatch “comfort women” along with other kinds of involvement.
TERAUCHI Hisaichi is found guilty as incurring individual and superior responsibility, relating to the victims of rape and sexual slavery committed at “comfort stations” in northern China (August 1937 – December 1938) and Southeast Asia (covering the Philippines, Malaysia, Indonesia, and East Timor) (December 1941 until the end of war), for having knowingly participated in the “comfort system” and for failing to prevent crimes committed by subordinates. [Judgement 809-811].

TOJO Hideki
Related Biographical Data
March 1937 – May 1938: served as Chief of Staff to Kwantung Army
May- Dec 1938: served as Deputy War Minister
July 1940 – Oct 1941: served as War Minister
Oct 1941: made General
Oct 1941 -July 1944: served as Prime Minister
(served concurrently as War Minister; and for some time served concurrently as Home Minister and Munitions Minister)
Feb 1944- July 1944: served as Chief of General
Staff of the Army (served concurrently as Prime Minister)
Dec 1948: executed as a class A war criminal
As War Minister, TOJO held the control of the Army for four years from the period of the Sino-Japanese War till the Pacific War, carrying out the “comfort station” policy. ” Tai-den No. 602″ (“Taiwan Army Telegram No. 602, dated 12/Mar/1942) documents the request made by the Commander of Taiwan Army for permission from War Minister TOJO Hideki for sending out “comfort women” to Borneo in answer to the request of the Southern Army. “Riku-a-mitsu No. 188” (“Secret Telegram of the Army 188”, dated 16/Mar/1942) shows that the permission was granted in the name of Adjutant General of War Ministry under the order of the War Minister to the Chief of Staff of Taiwan Army. Further, when he was Prime Minister, TOJO was in a position and had a duty to review and report to the Emperor the actions of all governmental ministries involved in the war effort.
TOJO Hideki is found guilty as incurring individual and superior responsibility, relating to the victims of rape and sexual slavery committed at “comfort stations” in all the areas the Japanese army invaded from July 1944, the time he held the position of War Minister, to July 1944, for having knowingly participated in the “comfort system” and for failing to prevent crimes committed by subordinates [Judgement 809-811].

UMEZU Yoshijiro
Related Biographical Data
March 1936 – May 1938: served as Deputy War Minister (Lieutenant General)
May 1938- Sept 1939: served as Commander of 1st Army
Sept 1939- Oct 1942: served as Commander of Kwantung Army
(Aug 1940: made General)
Oct 1942 -July 1944: served as Commander-in-Chief of Kwantung Army
July 1944- Oct 1945: served as Chief of General Staff of the Army
Nov 1948: sentenced life imprisonment as a class A war criminal
Jan 1949: died
Promoted setting up “comfort” stations and sending in “comfort women” as Deputy War Minister. At the time of Kwantung Army Special Maneuvers (on the supposition of war against USSR) in 1941, he made a large number of “comfort women” collected by sending such a request to Governor-General of Korea. He was the highest ranking official within northeastern China (former Manchuria) responsible for establishing and maintaining “comfort stations”.
UMEZU Yoshijiro is found guilty as incurring individual and superior responsibility, relating to the victims of rape and sexual slavery committed at “comfort stations” in China (end of 1937- May 1938) and former Manchuria (September 1939- July 1944), for having knowingly participated in the “comfort system” and for failing to prevent crimes committed by subordinates [Judgement 809-811].

YAMASHITA Tomoyuki
Related Biographical Data
July 1938- Sept 1939: served as Chief of Staff to North China Area Army (Lieutenant General)
July- Nov 1941: served as Commander of Kwantung Defense Army
Nov 1941- July 1942: served as Commander of 25th Army
July 1942- Sept 1944: served as Commander of 1st Area Army
Feb 1943: made General
Sept 1944 until the end of v served as Commander of 14th Area Army Feb 1946: executed by the US military as war criminal
Commander in Chief of Japanese forces in charge of occupation of Singapore and Malaya, where the troops under his command committed rapes and set up “comfort stations”. Just before expected counterattacks by the US forces, he was made Commander of the entire Japanese forces of the Philippines operation. The mass rape in Mapanique village, other massacres of civilians and numerous rapes were committed by the army which was under YAMASHITA’s command.
For the victims of the rapes occurred on November 23, 1944 at Mapanique in the Philippines, YAMASHITA Tomoyuki is found guilty as incurring superior responsibility on the basis that YAMASHITA as Commander of the 14th Area Army both knew and had reason to know that the troops under his command were likely to commit atrocities including rape, and that nevertheless he did not exercise his power to control his troops [Judgement 864-870]. In addition, he is found guilty as incurring individual responsibility for the victims of mass rape at Mapanique on the ground that he ordered, instigated, approved, assisted, and encouraged attacks such as the one against Mapanique through publication of “Guiding Principles for Philippine Operations”, despite knowing the possibility that crimes, including rapes and other sexual violence, might be committed, and that he ordered the “punitive operation ” against Mapanique to a 14th Area Army divisional commander subordinate to YAMASHITA [Judgement 871-873].

RECOMMENDATIONS

1086 The Tribunal holds that in order to fulfil its responsibility, the government of Japan must provide each of the following remedial measures:
1 Acknowledge fully its responsibility and liability for the establishment of the “comfort system,” and that this system was in violation of international law.
2 Issue a full and frank apology, taking legal responsibility and giving guarantees of non-repetition.
3 Compensate the victims and survivors and those entitled to recover as a result of the violations declared herein through the government and in amounts adequate to redress the harm and deter its future occurrence.
4 Establish a mechanism for the thorough investigation into the system of military sexual slavery, and allow for public access and historical preservation of the materials.
5 Consider, in consultation with the survivors, the establishment of a Truth and Reconciliation Commission that will create an historical record of the genderbased crimes committed during the war, transition, occupation, and colonisation.
6 Recognize and honour the victims and survivors through the creation of memorials, museums, and libraries dedicated to their memory and the promise of “never again.”
7 Sponsor both formal and informal educational initiatives, including meaningful inclusion in textbooks at all levels and support for scholars and writers. Efforts should be made to educate the population and, particularly, the youth and future generations concerning the violations committed and the harm suffered; research should endeavour to examine the causes of the crimes, societies ignoring of the crimes, and ways to prevent reoccurrence.
8 Support training in the relationship between the military and gender inequality and the prerequisites for realizing gender equality and respect for the equality of all the peoples of the region.
9 Repatriate survivors who wish to be repatriated.
10 Disclose all documents or other material in its possession with regard to the “comfort stations.”
11 Identify and punish principal perpetrators involved in the establishment and recruitment of the “comfort stations.”
12 Locate and return the remains of the deceased upon the request of family members or close associates.
1087 The Tribunal further recommends that the former Allied nations:
1 Immediately declassify all military and governmental records concerning the establishment and operation of the “comfort system” and the reasons why it was not prosecuted before IMTFE.
2 Immediately declassify all military and governmental records concerning the failure to prosecute the Emperor HIROHITO before the IMTFE.
3 Acknowledge their own failures to investigate and prosecute the crimes committed against the former “comfort women” initially in the post-war trials and in the intervening 56 years, and take measures to investigae, disclose and, in appropriate cases, prosecute surviving perpetrators.
1088 The Tribunal further recommends that the United Nations and all the states thereof:
1 Take all steps necessary to ensure that the government of Japan provides full reparations to the survivors and other victims and those entitled to recover on account of the violations committed against them.
2 Seek an advisory opinion of the International Court of Justice as to the illegality and continuing liability of the government of Japan in regards to the former “comfort women.”