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Colonization and Postcolonial Justice: US and Philippine War Crimes Trials in Manila After the Second World War

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War Crimes Trials in the Wake of Decolonization and Cold War in Asia, 1945-1956

Part of the book series: World Histories of Crime, Culture and Violence ((WHCCV))

Abstract

The USA developed and structured guidelines for the implementation of charging Japanese war crimes on Philippine territory. The Philippine government adapted not only the legal basis, but also consistently oriented itself on the sentencing of the former colonial power. In many respects the US and Philippine trials in Manila are comparable regarding the severity of sentencing, types of sentences and, in part, victim groups. The same applies to the fact that sexual violence against women was only prosecuted under the charge of rape—although both jurisdictions had the possibility to prosecute forced prostitution.

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Notes

  1. 1.

    However, in 1962, “‘the Establishment of the Philippine Republic by the Revolutionary Government under General Emilio Aguinaldo’ of June 12, 1898, was declared a national holiday. See http://www.bibingka.com/phg/documents/jun12.htm (last accessed 1 October 2014).

  2. 2.

    See R. Connaughton, J. Pimlott and D. Anderson, The Battle for Manila (London: Bloomsbury Publishing, 1995).

  3. 3.

    For war crimes in general see Excerpts of the Report by the Commission on the responsibility of the Authors of war (1919), NA (National Archives Records Administration) RG (Record Group) 331, SCAP 1855 – folder 115.

  4. 4.

    Moscow Declaration: ‘Accordingly the aforesaid three Allied Powers, speaking in the interests of the 32 United Nations, hereby solemnly declare and give full warning of their declaration as follows: At the time of the granting of any armistice to any Government which may be set up in Germany, those German officers and men and members of the Nazi party who have been responsible for or have taken a consenting part in the […] atrocities, massacres and executions will be sent back to the countries in which their abominable deeds were done in order that they may be judged and punished according to the laws of these liberated countries and of the Free Governments which will be erected therein.’ See http://www.google.de/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CC0QFjAB&url=http%3A%2F%2Fwww.un.org%2Fen%2Fga%2Fpresident%2F65%2Fissues%2Fmoscow_declaration_en.pdf&ei=EXlkVZX_KO3B7AaOsoL4CQ&usg=AFQjCNHBiyAz1EJaOGqrYHhX0Rykkqtf1Q&bvm=bv.93990622,d.ZGU.

  5. 5.

    For example the case of Samuel T. Shinohara. NA film series C-72, reel 2, picture no 505 ff.

  6. 6.

    NA RG 331, SCAP 2003 – folder War Crimes Regulation, Memo for Col. Carter 3 September 1945.

  7. 7.

    Ibid., Memo for Supreme Allied Commander (SAC) 3 September 1945.

  8. 8.

    Trials of “B” and “C” war criminals prepared in the Legal Section, General Headquarters, Supreme Commander for the Allied Powers, NA RG 331, SCAP 3676 – folder Class B and C War Criminals, 42–3.

  9. 9.

    Ibid.

  10. 10.

    NA RG 331, SCAP 2003 – folder War Crimes Regulations, top secret memo 16 September 1945.

  11. 11.

    NA RG 331, SCAP 155 – folder War Crimes Conferences, Report of the preliminary War Crimes Conference September 14, 1945, Manila, 3.

  12. 12.

    Frank A. Reel, The Case of General Yamashita (Chicago: The University of Chicago Press, 1949).

  13. 13.

    Ibid.

  14. 14.

    Ordinance September 24, 1945. This regulation and later amendments to it are regularly enclosed with case documents. See, for example, the case from 20 December 1945. NA RG 331, SCAP 1552. See also UNWCC Misc.-Series no. 41, 19 August 1946; NA RG 153, Entry 145/230 – folder 150-14.

  15. 15.

    Military commissions were unknown prior to the US–Mexican War (1846–1948) and were not mentioned in the article of war prior the 1916 revision. See Erika Myers, ‘Conquering Peace: Military Commissions as a Lawfare Strategy in the Mexican War,’ American Journal of Criminal Law 32,2: 201–40. United States Army and Navy Manual on War Crimes; NA RG 153, Entry 135/82. Thomas C. Marmon, Joseph C. Cooper and William P. Goodman, Military Commissions (Charlottesville, VA: The Judge Advocate General’s School, 1953); William Winthrop, Military Law and Precedents (Washington, DC: Government Printing Office, 1920): 832–3. ‘Military commissions derive their authority from Articles I and II of the Constitution. Article I, Section 8, grants to Congress the powers: To provide for the common defence (clause 1) and to define and punish piracies on the high seas, and offenses against the Law of Nations; To declare War, grant letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces. (clauses 10-14). Article II confers on the President the executive Power. (Section 1) and makes him the Commander in Chief of the Army and Navy. (Section 2).’ American Bar Association Talks Force on Terrorism and the Law Report and Recommendation on Military Commission, 4 January 2002.

  16. 16.

    Ex Parte Vallandigham, U.S. Supreme Court Volume 68 (1863): 243.

  17. 17.

    This was envisaged by the other Allies. However, the USA remained an exception. Regarding this see as one of the few cases the trial of Soemu Toyoda in Toyko on 29 October 1948; NA Mikrofilm M-1729. The Netherlands, Australia and Great Britain, in contrast, invited judges of other Allies to join their tribunals. See, for example, ‘Great Britain in Kuala Lumpur’ (26 August 1946), S.B. Sahabya, Australien; The National Archive Kew, London (TNA), RG WO 235/888. Dutch East India in Batavia (today Jakarta – 6 September 1946), J. F. Hartmann, Great Britain; NIOD (Nederlands Instituut voor Oorlogsdocumentatie), Amsterdam Collection 400, Inventar 381 – Kenichi Sone. Australia in Rabaul (17 June 1946), Lee Chee Yoong, China; Australian National Archive Canberra (NAC), RG A-471/81033.

  18. 18.

    Section 5 Ordinance 24 September 1945 See, for example, the case from 20 December 1945. NA RG 331, SCAP 1552. See also United Nations War Crimes Commission (UNWCC) Misc.-Series no. 41, 19 August 1946; NA RG 153, Entry 145/230 – folder 150-14.

  19. 19.

    See United States Law and practice concerning trials of war criminals by Military Commissions, Military Government Courts and Military Tribunals. Law Reports of Trials of War Criminals. Selected and prepared by the United Nations War Crimes Commission, vol. III (London: Her Majesty’s Stationary Office, 1948): 103–5.

  20. 20.

    Here it is exclusively about the activities of the MC and not the so-called Nuremberg Military Tribunals (NMT), which were not MCs and were established on the legal basis of Control Council Law No. 10. See Kim C. Priemel and Alexa Stiller (eds.), Reassessing the Nuremberg Military Tribunals: Transitional Justice, Trial Narratives, and Historiography (New York, NY: Berghahn Books, 2012). Trials of War Criminals before the Nuremberg Military Tribunals, vol. 1–15, (Washington, DC: U.S. Government Printing Office, 1949).

  21. 21.

    This does not go into any further detail regarding the American regulations in China. See Regulations Governing the Trial of War Criminals in the China Theatre, issued by Command of Lieut. General Wedemeyer on 21 January 1947. UNWCC Misc-Series no. 51; NA RG 153, Entry 145/229 – folder 150-14.

  22. 22.

    Douglas MacArthur (26 January 1880–5 April 1964) was an American five-star general and Field Marshal of the Philippine Army.

  23. 23.

    Article I, para. 2, no. 2, Regulations Governing the Trials of Accused War Criminals 5 December 1945 (Regulation December 1945).

  24. 24.

    NA RG 331, SCAP 2002 – folder military commission, Memo from Col. Ashton M. Haynes, 21 November 1945: 1.

  25. 25.

    Ibid., Memos from Comdr. George H. Brereton – probably end of 1945.

  26. 26.

    Ibid.

  27. 27.

    See Werner Gruhl, Imperial Japan’s World War Two, 1931–1945 (New Brunswick: Transaction Publishers, 2007), 101–5.

  28. 28.

    The political structures in liberated Japan were, in comparison to Germany, different. The establishment of a control council was considered unimportant as the Allies were represented by Supreme Commander for the Allied Powers; NA RG 331, SCAP 2003, See Memo: Draft plan for trial of war criminals in the Far East (1 September 1945), 1.

  29. 29.

    NA RG 331, SCAP 2003 – folder War Crimes Regulation, Memo to Col. Carpenter, subject: Definition of war crimes, 3 September 1945, 5.

  30. 30.

    Robert Houghwout Jackson was United States Solicitor General (1938–40), United States Attorney General (1940–41) and an associate justice of the United States Supreme Court (1941–54). He was also the chief United States prosecutor at the Nuremberg Trials.

  31. 31.

    NA RG 331, SCAP 2003 – folder War Crimes Regulation, Memo to Col. Carpenter, subject: Definition of war crimes, 3 September 1945, 5.

  32. 32.

    NA RG 331, SCAP 2003, Memo: Draft plan for trial of war criminals in the Far East (1 September 1945), 2.

  33. 33.

    See Hirofumi Hayashi, ‘The Japanese military “comfort women” issue and the San Francisco System,’ in: Kimie Hara (ed.), The San Francisco System and its Legacies. Continuation, Transformation and Historical Reconciliation in the Asia-Pacific (Florence, KY: Routledge, 2015), 162–82 (163–5).

  34. 34.

    Maria Rosa Henson, Comfort Women. A Filipina’s Story and Slavery under the Japanese Military (Manila: Rowman & Littlefield Publishers, 1999).

  35. 35.

    Ibid., 173.

  36. 36.

    NA film series C-72, reel 2 (picture no. 505 ff).

  37. 37.

    There were MC cases due to war crimes in Guam after the Second World War. The report by the Commission on War Crimes for Guam in Section 2. NA RG 59, Entry ZZ 1005/3 – folder 8 gives an introductory description of which crimes had occurred on the islands. See also Jeanie M. Welch, ‘Without a Hangman, Without a Rope: Navy War Crimes Trials After World War II,’ International Journal of Naval History 1, 1 (April 2002).

  38. 38.

    ‘Taking a female for the purpose of prostitution. Specification 1: In that Samuel T. Shinohara, an inhabitant and resident of Guam, and subject to the Military Government thereof, did, within the Island of Guam, in and about the month of February 1942, unlawfully take one Alfonsina Flores, a female person, for the purpose of prostitution, procuring her consent thereto by misrepresentation; the United States during said period being at war with Japan. Specification 2: In that Sameal T. Shinohara […] in or about the month of February 1942, unlawfully take one Nocholasa P. Mendiola, a female person against her will and without her consent, for the purpose of prostitution; the United States during said period at war with Japan.’ NA RG 59, Entry ZZ 1005/3 – folder 8.

  39. 39.

    See Barak Kushner, Men to Devils, Devils to Men: Japanese War Crimes and Chinese Justice (Boston: Harvard University Press, 2015), 7.

  40. 40.

    UNWCC Law reports vol. IV, 1–96; NA microfilm M-1727, roll 29-34.

  41. 41.

    Memo by A. Frank Reel and Courtney Whitney. See Military Legal Resources (Library of Congress): http://www.loc.gov/rr/frd/Military_Law/pdf/Yamashita.pdf (last accessed 21 October 2014).

  42. 42.

    Database ICWC, Marburg.

  43. 43.

    NA RG 331, SCAP 3676 – folder Class B and C War Criminals (243 pages), See Trials of “B” and “C” war criminals prepared in the Legal Section, General Headquarters, Supreme Commander for the Allied Powers. Database ICWC, Marburg.

  44. 44.

    NA RG 331, SCAP 2004 – folder Filipinos died, Handwritten list ‘War Crimes Victims’ (without date, probably mid 1946).

  45. 45.

    Ibid., 2 July 1946.

  46. 46.

    NA RG 331, SCAP 2005 – folder Monthly Summation, 8 May 1946, 11.

  47. 47.

    See memo Responsibility Military Commanders and Staff for War Crimes Committed by Subordinates November 20, 1945, NA RG 331, SCAP 1853 – folder 2-B. See Hans Kelsen, ‘Collective and Individual Responsibility in International Law with Particular Regard to the Punishment of War Criminals,’ California Law Review 31 (1943), 530–571. Georg Schwarzenberger, ‘War Crimes and the problem of an international criminal court,’ Czechoslovak Yearbook of International Law (1942), 67–88.

  48. 48.

    Database ICWC, Marburg.

  49. 49.

    NA RG 331, SCAP 2005, Judgment 3 October 1946 (death by hanging). Monthly Summation No 13 – Statistics and Reports, October 1946, 16.

  50. 50.

    For example the case of Michinori Nakamura et al. All accused were members of the Kempeitai stationed at Sangking (Celebes) and charged with the murder of American POWs by bayoneting and/or striking them with swords. NA RG 331, SCAP 1580.

  51. 51.

    NA RG 331, SCAP 1270, History, 1.

  52. 52.

    NA RG 331, SCAP 1561, judgment 20 April 1946.

  53. 53.

    NA RG 331, SCAP 1563, judged to death 1 May 1946.

  54. 54.

    Transcript of the proceeding of the US MC in Manila, Philippine Islands, in the trial of Masaharu Homma on war crimes charges. Commander of Japanese forces in the Philippines from December 1941 to August 1942, Homma was charged with firing on a flag of surrender and bombing Manila after it was declared an open city and with all of the abuses committed by Japanese forces against Allied military and civilian personnel during his period of command. NA RG 153 Entry 177/1-5. See Aubrey Saint Kenworthy, The Tiger of Malaya: The story of General Tomoyuki Yamashita and “Death March” General Masaharu Homma (New York, NY: Exposition Press, 1951).

  55. 55.

    NA RG 331, SCAP 1555, judgment 19 January 1946 – death by hanging.

  56. 56.

    Ibid.

  57. 57.

    NA RG 331, SCAP 1560, 7 May 1946.

  58. 58.

    Database ICWC, Marburg.

  59. 59.

    See Sarah C. Soh, The Comfort Women. Sexual Violence and Postcolonial Memory in Korea and Japan (Chicago: The University Chicago Press, 2009).

  60. 60.

    (1) UNWCC Law Reports vol. 4, 1–96, 12 December 1945 (Tomoyuki Yamashita). (2) NA RG 331, SCAP1553, 20 December 1945 (Tosimitsu Miyagi et al.). (3) 11 February 1946 (Masaharu Homma), NA RG 153 Entry A1 145/136-144, NA RG 153 Entry A1-177/1-5, NA RG 331, SCAP 1671-1672. (4) NA RG 331, SCAP 1558, 15 March 1946 (Tetsuo Naito); (5) NA RG 331, SCAP 1570, 27 March 1946 (Jiro Mizoguchi et al.); (6) 10 April 1946 (Seiichi Onishi et al.), NA RG 331, SCAP 1559. (7) NA RG 331, SCAP 1562, 3 June 1946 (Miko Taneichi et al.). (8) NA RG 331, SCAP 1564, 1 July 1946 (Tadashi Yoshida et al.). (9) NA RG 331, SCAP 1559, 11 November 1946 (Bunji Kanto et al.). (10) NA RG 331, SCAP 1576, 1 January 1947 (Masakazu Yamaguchi et al.). (11) NA RG 331, SCAP 1579, 2 February 1947 (Naoki Hamasaki). (12) NA RG 331, SCAP 1579, 27 February 1947 (Yasuo Hiroshi et al.). (13) NA RG 331, SCAP 1580, 10 March 1947 (Yokio Ogo et al.). (14) NA RG 331, SCAP 1585, 13 March 1947 (Masami Fujimoto). (15) NA RG 331, SCAP 1585, 4 April 1947 (Hisamitsu Imamura et al.).

  61. 61.

    Database ICWC, Marburg. For China: only about 25 % of the cases are accessible. See China collection, ICWC Database Legal Tools (ICC) – folder China.

  62. 62.

    References of rape as war crimes are to be found at Philippines cases. See NA RG 331, SCAP 993-1134 und 1927–2002.

  63. 63.

    E.g. NA RG 331, SCAP 1066, Case F-25.

  64. 64.

    E.g. NA RG 331, SCAP 1065, Case E-3.

  65. 65.

    E.g. ibid., Case E-8.

  66. 66.

    E.g. ibid., Case D-86.

  67. 67.

    NA RG 331, SCAP 1062, Case B-72 Rape of Filipino woman.

  68. 68.

    Ibid.

  69. 69.

    Maria Rosa Henson, Comfort Women, see supra note 30.

  70. 70.

    NA RG 331, SCAP 1069, Case K-80. Forced prostitution of five Philippine girls. Testimony of Ernest Edward McClish, Lt. Col., taken at Okmulgee, Oklahoma on 7 June 1945.

  71. 71.

    NA RG 331, SCAP 1069 – Case K-80, 22 March 1946.

  72. 72.

    NA RG 331, SCAP 2005 – folder Monthly Summation, 19 April 1946 – Statistics and Reports, 22-3; summary of the results of war crimes trials in the Philippines from the first trial through 20 April 1947. See also Robert R. Piccigallo, The Japanese on Trial: Allied War Crimes Operations in the East (Austin, TX: University of Texas Press, 1979), 67.

  73. 73.

    Database ICWC, Marburg.

  74. 74.

    Ibid.

  75. 75.

    For Legal Section Manila staff see NA RG 331, SCAP 1262-A – folder Manila Roster. See also NA RG 153 Entry 146/9, Statistics of US War Crimes Trials in All Theaters as of 30 September 1948.

  76. 76.

    The first case was United States of America v. Kazutana Aihara et al. NA microfilm M-1112 reel 2. In general, see Annex A (20 March 1947) Check Sheet, General Headquarters SCAP, Legal Branch to Chief of Staff, 6 May 1947; NA RG 331, SCAP 1434 – folder War Crimes Trials Program.

  77. 77.

    NA RG 331, SCAP 2002 – folder War Crimes Execution, Transferred the following named Japanese War Criminals Suspects to Sugamo Prison, Tokyo, Japan for trial. 27 June 1947.

  78. 78.

    Ibid.

  79. 79.

    NA RG 331, SCAP 1434 – folder War Crimes Trials Program, Letter from 3 April 1947, Annex A.

  80. 80.

    NA RG 331, SCAP 1270 – SCAP Philippines Prosecution Division.

  81. 81.

    Piccigallo, The Japanese on Trial (see supra note 74), 91ff.

  82. 82.

    Ibid., 94; UNWCC Law Report vol. 15, 193f.

  83. 83.

    NA RG 331, SCAP 1434, War Crimes Trials Program, Check Sheet, General Headquarters SCAP, Legal Branch to Chief of Staff, 6 May 1947. The cases against the anti-Japanese resistance movement, Hukbalahap, on the Philippines which struggled against both the Japanese occupation as well as the colonial ruling structure, are not further thematized here. They played a significant role in the recapture of the Philippines and fought on the side of the USA. However, MacArthur had the leaders of the Hukbalahap incarcerated following combat operations. See Inglis T. Moore, ‘The Hukbalahap in the Philippines,’ Australian Outlook 1/2 (1947): 24–31; Alberto M. Bautista, The Hukbalahap Movement in the Philippines, 1942–1952 (Manila: University of California Press, 1952); Lawrence M. Greenberg, The Hukbalahap Insurrection. A case Study of a Successful Anti-Insurgency Operation in the Philippines, 1946–1955 (Washington, DC: United States Center of Military History, 2005).

  84. 84.

    See cases Haruda et al. (NA RG 331, SCAP 1690), Mazusaki (NA RG 331, SCAP 1691), Takana (NA RG 331, SCAP 1694), Yokoyama (NA RG 331, SCAP 1698-1699), Kuroda (RG 331, SCAP 1699-1701) & Koike (NA RG 331, SCAP 1704).

  85. 85.

    As of summer 1947, all of the trials which had been transferred to Yokohama bar one (trial of Kawane, Yoshikata – see Table 7.1, NA microfilm M-1112, reel 5, case 304 – Bataan Death March), concerned themselves with crimes relating to non-Filipino POWs.

  86. 86.

    So-called collaboration trials are not dealt with in the following. They had already taken place in 1946. See amongst other the trial of Bishop Cesar Marie Guerrero in Manila from June 7, 1946. A ‘Peoples Court’ sentenced him for high treason. UNWCC War Crimes News Digest No. 14; Australian National Archive Canberra (NAC) RG A-2937/319. See David Joel Steinberg, Philippine Collaboration in World War II (Ann Arbor, MI, 1967); Hitoshi Nagai, The Philippines B&C Class War Crimes Trials (Tokyo: Kodansha, 2013).

  87. 87.

    NA RG 331, SCAP 1270 – folder History, 1.

  88. 88.

    NA RG 331, SCAP 1434 – folder War Crimes Trials Philippines, Check Sheet, General Headquarters SCAP, Legal Branch to Chief of Staff, 6 May 1947.

  89. 89.

    NA RG 331, SCAP 1262, Carpenter Papers, Letter 15 November 1946.

  90. 90.

    For a list in detail see NA RG 331, SCAP 1434 – folder War Crimes Trials Program, Annex C.

  91. 91.

    Ibid. folder War Crimes Trials Program, Check Sheet, General Headquarters SCAP, Legal Branch to Chief of Staff, 6 May 1947. As early as spring 1947 there were discussions regarding financial compensation from Japan for the expenses accrued within the framework of the War Crimes Trials Program. All of the demands were to be regulated following a peace treaty. See Nagai, The Philippine B&C Class War Crimes Trials (see supra note 84), 55–56.

  92. 92.

    Ibid., Annex C.

  93. 93.

    Ibid., Check Sheet, General Headquarters SCAP, Legal Branch to Chief of Staff, 6 May 1947.

  94. 94.

    There was an exchange of correspondence regarding the planned dissolution of Manila’s legal section in December 1948; Ibid. folder War Crimes Trials Philippines.

  95. 95.

    David J. Obermiller, The United States Military Occupation of Okinawa: Politicizing and Contesting Okinawan Identity, 1945–1955 (Iova: ProQuest, 2006), 84ff. NA RG 331, SCAP 3176. Arnold F. Fisch, Military Government in the Ryukyu Islands, 1945–1950 (Washington, DC: U.S. Government Printing Office, 1988).

  96. 96.

    They are found in NA RG 331, SCAP 1688-1709 & 1728-1729.

  97. 97.

    See Yuma Totani, Justice in Asia and the Pacific Region, 1945–1952: Allied War Crimes Prosecutions (New York, NY: Cambridge University Press, 2015), 55.

  98. 98.

    See for example the case of Hideo Tanaka et al. (579 pages) or the case of Katsuyoshi Taninaka (699 pages). NA RG 331, SCAP 1694. Here exemplarily the charges in the final case listed: ‘fully order, direct and permit member of the Imperial Japanese Army under his command, to kill Niceto Sanchez, Antonie Tumalon and Demaso Advincula, all unarmed, non-combatant Filipino civilians, in violation of the laws and customs of war.’

  99. 99.

    NA RG 331, SCAP 1434 – folder War Crimes Trials Program, Annex D, Letter from 10 April 1947. See further Letter from 25 April 1947 to 15 June 1947; ibid. TAB E.

  100. 100.

    All of the case documents include a copy of Order 68. See inter alia NA RG 331, SCAP 1729.

  101. 101.

    In art. II b 1 war of aggression is not referred to literally and in art. II b 3 the pronoun: any (civil population) is missing. But because population is used in the plural, one can speak of a similarly worded regulation.

  102. 102.

    The question of criminal procedure and the legal position of witnesses or the rights of the accused is beyond the scope of this chapter.

  103. 103.

    Sharon W. Chamberlain, Justice and Reconciliation: Post-war Philippine Trials of Japanese War Criminals in History and Memory (Ann Arbor, MI: ProQuest LLC, 2010), 47.

  104. 104.

    Chamberlain, Philippine Trials of Japanese War Criminals (see supra note 101, 51).

  105. 105.

    Guillermo S. Santos, Report on the War Crimes Program of the Philippines, in: Philippine Armed Forces Journal, Vol. IV, 2 (Jan.–Feb. 1951): 27; Piccigallo, The Japanese on Trial (see supra note 70, 197); Chamberlain, Philippine Trials of Japanese War Criminals (see supra note 105), Appendix 1, 235–48.

  106. 106.

    See NA RG 331, SCAP 1688-1709 & 1728-1729.

  107. 107.

    Only case documents from the National Archive have been used for this article.

  108. 108.

    NA RG 331, SCAP 1705, Tatsumosuke Ueda (Hajime Ainoda et al.).

  109. 109.

    Guillermo S. Santos (see supra note 103). Chamberlain presents 155 accused (see supra note 101), 70. It was not possible to clarify the differences.

  110. 110.

    NA RG 331, SCAP 1434 – folder War Crimes Trials Program, Check Sheet, General Headquarters SCAP, Legal Branch to Chief of Staff, 6 May 1947.

  111. 111.

    NA RG 331, SCAP 1729, People of the Philippines v. Chushiro Kudo.

  112. 112.

    NA RG 331, SCAP 1434 – folder War Crimes Trials Program, Memo: Responsibility and Custody of War Criminals and Witnesses, 5 April 1948, TAB A.

  113. 113.

    Ibid., TAB E, Letter 4 December 1948 (Reduction in Force, Legal Section, Manila Branch).

  114. 114.

    NA RG 331, SCAP 1707, 10 years imprisonment at hard labor, People of the Philippines v. Kensichi Masuoka.

  115. 115.

    NA RG 331, SCAP 1698-1699, 8 November 1948. For more rape atrocities see Specification 35, 42, 43, 47 and 51.

  116. 116.

    NA RG 331, SCAP 1695, 16 December 1948 (Noburo Tsuneoka). NA RG 331, SCAP 1694, 3 September 1948 (Hideo Tanaka et al.).

  117. 117.

    NA RG 331, SCAP 1690, 27 November 1948 (Hideichi Nakamura et al.).

  118. 118.

    (1) NA RG 331, SCAP 1695, 16 December 1948 (Noburo Tsuneoka); (2) NA RG 331, SCAP 1694, 3 September 1948 (Hideo Tanaka et al.); (3) NA RG 331, SCAP 1691, 29 July 1948 (Hideichi Matsuzaki).

  119. 119.

    See exhibit no. 388, US v. Tomoyuki Yamashita (13 September 1945), para 2: Cannibalism, 14ff. NA RG 331, SCAP 1699.

  120. 120.

    Data base ICWC, Marburg. See Nagai, The Philippine B&C Class War Crimes Trials (see supra note 84), 86.

  121. 121.

    E.g. NA RG 331, SCAP 1707, 25 March 1949 (Takao Fujimoto).

  122. 122.

    E.g. NA RG 331, SCAP 1690, 27 November 1948 (Hideichi Nakamura et al.).

  123. 123.

    E.g. NA RG 331, SCAP 1698, 1 November 1948 (Shizuo Yokoyama).

  124. 124.

    E.g. NA RG 331, SCAP 1690, 27 November 1948 (Hideichi Nakamura et al.).

  125. 125.

    Chamberlain, Justice in Asia and the Pacific Region (see supra note 101), 92–3. Yuma Totani, Justice in Asia and the Pacific Region argued similar (see supra note 99), 54–5.

  126. 126.

    E.g. Totani’s comparative study on Yamashita/Homma cases vs Kuroda (see supra note 95), 21–55.

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    Wolfgang Form

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  1. Heidelberg University, Heidelberg, Germany

    Kerstin von Lingen

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Form, W. (2016). Colonization and Postcolonial Justice: US and Philippine War Crimes Trials in Manila After the Second World War. In: von Lingen, K. (eds) War Crimes Trials in the Wake of Decolonization and Cold War in Asia, 1945-1956. World Histories of Crime, Culture and Violence. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-42987-8_7

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