Codes

Graphing POW Mistreatment in Japan

Crime type

  1. Inhumane treatment

    Contrary to Article 4 of Hague Convention IV (1907).

    Prisoners of war are in the power of the hostile Government, but not of the individuals or corps who capture them.

    They must be humanely treated.

    All their personal belongings, except arms, horses, and military papers, remain their property.

    1 Inhumane treatment
    a murder, killing, and/or causing or contributing to death
    b physical abuse, including beating and kicking
    c torture
    d rape, sexual violence
    f forced march
    g medical experiments
    h mutilation (including maiming or disabling)
    i poisoning
    j stealing, robbing, looting
    k causing, or contributing to illness, injury, or suffering
    l refusal to recognize POW status
    m forcing POWs to beat or fight other POWs
    o falsely informing on POWs
    p threats of execution or extreme violence
    q desecrating the dead (such as mutilation, dishonorably bury, desecrate graves of, etc.)
    r other
  2. Illegal employment of POW labor

    Contrary to Article 6 of Hague Convention IV (1907).

    The State may utilize the labour of prisoners of war according to their rank and aptitude, officers excepted. The tasks shall not be excessive and shall have no connection with the operations of war…

    2 Illegal employment of POW labor
    a work having direct connection with the operations of war
    b performing labor for which they were (1) physically incapable, or (2) work which was unhealthy and dangerous (inadequate tools, equipment, safeguards, etc.)
    d employment for an excessive duration (including forcing to work a on rest day)
    e work under arduous conditions by disciplinary measures
    f work in unhealthy and dangerous areas (such as in freezing weather, facing hazards of war, etc.), without sufficient food or protection. (i.e. clothing, boots, bomb shelter, etc.)
  3. Refusal and failure to maintain POWs

    Contrary to Article 6 of Hague Convention IV (1907).

    The Government into whose hands prisoners of war have fallen is charged with their maintenance.

    In the absence of a special agreement between the belligerents, prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them.

    3 Refusal and failure to maintain POWs
    a inadequate (1) food, (2) clothing, (3) medical supplies
    b unhealthy and inadequate sanitary conditions
    c inadequate quarters (such as those that expose them to extreme weather)
    d inadequate provision of water
    e exposed to hazards of war by not providing safe shelter or restraining them from taking shelter from allied bombing
    f quartering POWs in places that are not identified as POW camps
    g quartering POWs at or near military targets
    h building, altering, and reconstructing individual confinement cells into smaller dimensions that POWs, while confined therein, were unable to lie down in for the purpose of sleep
    i removal of placard notices posted in POW camps for the information of POWS and camp personnel
    j other
  4. Excessive and illegal punishment of POWs

    Contrary to Article 8 of Hague Convention IV (1907).

    Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State in whose power they are…

    Escaped prisoners who are retaken before being able to rejoin their own army or before leaving the territory occupied by the army which captured them are liable to disciplinary punishment.

    Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment on account of the previous flight.

    4 Excessive and illegal punishment of POWs
    a killing, beating, and torturing without trial or investigation of any kind, for alleged offences
    b unjustifiable punishments for alleged offences (such as solitary confinement, starving, etc.)
    c collective punishment for individual alleged offences
    d imposition of punishment more severe than 30-day imprisonment for attempted escape
    e illegal trials or unjustifiable criminal proceedings - not conforming to rules laid out in Part III, Sect V, Chapter 3 of 1929 POW Conv (“Prisoners of war shall be subject to the laws, regulations, and orders in forced in the armies of the detaining Power.”)
    f compelling to commit illegal acts under duress
  5. Mistreatment of the sick and wounded, medical personnel and female nurses

    Contrary to 1929 POW and 1929 Red Cross Conventions.

    5 Mistreatment of the sick and wounded, medical personnel and female nurses
    a murder, killing, and/or causing or contributing to the death of (1) the sick and wounded, (2) medical personnel, chaplains, or personnel of voluntary aid societies
    b inhumane-treatment* of (1) the sick and wounded, (2) medical personnel, chaplains, or personnel of voluntary aid societies, including forcing those unfit to work
    c inadequate medical care or neglect of (1) the sick and wounded, (2) medical personnel, chaplains, or personnel of voluntary aid societies
    d wrongful retention of medical personnel, chaplains and personnel of voluntary aid societies
    e (1) rape, (2) murder, or (3) other types of inhumane treatment* of female nurses
    f lack of or inadequate infirmaries, and non-admission to hospital facilities of those seriously sick requiring surgical treatment
    g non-arrangement of regular medical inspection
    h transfer of the sick and wounded despite their physical fitness for journeys
    i surgical operations against POW wishes

    * For a list of types inhumane treatment, see No. 1 above.

  6. Humiliation of POWs

    Contrary to Article 8 of Hague Convention IV (1907).

    6 Humiliation of POWs
    a deliberately exposing POWs to insults and curiosity of Japanese civilians
    b compelling officer POWs to work on menial tasks and exposing them to public view
    c compelling officer POWs to work which they should be exempt from, such as manual labor or placing officer POWs under the control of NCOs and private soldiers and compelling said officers to salute them
    d mistreatment of Allied POWs in the presence of civilians
  7. Refusal or failure to collect and transmit information regarding POWs, and replies to enquiries on the subject

    Contrary to Article 14 of Hague Convention IV (1907). This includes deliberate destruction of records relating to POW information.

    7 Refusal or failure to collect and transmit information regarding POWs, and replies to enquiries on the subject
    a falsification of POW death records, hide evidence of a POW death, or failure to verify their death
    b destruction of official records pertaining to POWs
    c directing POWs to prepare false statements concerning prison conditions or ordering Japanese military personnel to never reveal details regarding POWs
  8. Obstructions of the rights of the Protecting Powers, of Red Cross Societies, or POWs and of their representatives

    Contrary to Article 15 of Hague Convention IV (1907).

    8 Obstructions of the rights of the Protecting Powers, of Red Cross Societies, or POWs and of their representatives
    a refusal or non-granting of permission to visit camps by the representatives of Protecting Powers
    b disallowing conversations with POWs when granting such permission or failing to allow visits without the presence of Japanese witnesses
    c deceptive presentation of camp conditions at such visits, and threatening POWs of punishment in the case of their complaining to the representatives
    d disallowing or ignoring POWs complaints as to the nature of their work and abuse suffered by guards or to converse freely with the military authorities or the Protecting Power
    e withholding of Red Cross parcels and mails (includes; Medical supplies, food, gifts, etc.)
    f unlawful internment of POWs by confining them in secret unlisted places
    g refusal or non-granting of permission to visit all areas of camps by the representatives of Protecting Powers
    h refusing and failing to receive and transmit all valuables of deceased POWs
  9. The use of chemical weapons in warfare

    Contrary to Article 23(a) of Hague Convention IV (1907).

    N/A for current project.

  10. Killing enemies, who, having laid down their arms or no longer having means of defence, had surrendered at discretion

    Contrary to Article 23(c) of Hague Convention IV (1907).

    N/A for current project.

  11. Destruction of enemy property, without military justification or necessity and pillage

    Contrary to Articles 23(g), 28, and 47 of Hague Convention IV (1907).

    N/A for current project.

  12. Failure to respect family honour and rights, individual life, private property and religious convictions and worship in occupied territories, and deportation and enslavement of the inhabitants thereof

    Contrary to Article 46 of Hague Convention IV (1907).

    N/A for current project.

    12 Failure to respect family honour and rights, individual life, private property and religious convictions and worship in occupied territories, and deportation and enslavement of the inhabitants thereof
    a murder
    b torture
    c rape
    d deportation
    e enslavement
    f arrest and internment without justification
    g forced labor
    h destruction of property or confiscation
    i other types of inhumane treatment
  13. Killing survivors of ships sunk by naval action and crews of captured ships

    Contrary to Article 16 of Hague Convention IV (1907).

  14. Failure to respect military hospital ships

    Contrary to Article 1 of Hague Convention IV (1907).

  15. Attacks, especially attacks without due warning, upon neutral ships

  16. Neglect or disregard of duty by interpreters

Mode of liability

c committing war crimes
o ordering and authorizing the commission of war crimes
f failure to take steps to stop or prevent war crimes
p “permitting” the commission of war crimes, which is an ill-defined concept of liability but frequently used at post-WWII Allied war crimes trials