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WWII
Many Americans in World War II suffered from unspeakable acts of terror. These
included the 55-mile, nine-day Bataan Death March; being transported in the
cargo hold of a "hell ship" to a place where these POW's spent years of their
lives in servitude; and working 10-12 hour days with little food and no medical
treatment.
Who?
The Japanese imprisoned an estimated 36,000 U.S. soldiers, many of whom were
forced into slave labor in approximately 40 different mines, factories and other
Japanese companies. Of the estimated 24,000 who made it through the servitude
that lasted almost two and half years, only a little more than 6,000 are alive
today.
There were approximately 14,000 U.S. civilians captured by the Japanese. About
1,500 died while being interned, and just over 1,000 are alive today.
Efforts by, or on Behalf of, the Victims
Given the 2003 U.S. Supreme Court decision not to hear the case of American
former prisoners of war in Japan (Tenney v. Mitsui Co. Ltd.), these survivors
have exhausted their legal options. At the same time, recently declassified wartime
documents provide new knowledge about the dialogue between Japan, the United
States and other countries after World War II. The documents open up new questions
of what could have been done to compensate the victims and ease their suffering
after they returned home.
These American survivors face other hurdles. After numerous attempts in the U.S.
Congress to provide remedies that would ease the way for prisoners of war to
seek compensation, legislation has languished without action. Many veterans
have given up on this avenue of redress. In addition, through misinformation
and confusion over eligibility, many victims missed filing deadlines for compensation
from the U.S. Government.
A continuing point of contention is whether the San Francisco Peace Treaty, signed
in 1951, prevents any action on the part of U.S. victims as it waived all legal
rights to compensation from Japan or its nationals. The treaty was the cornerstone
of U.S. security arrangements and rebuilding efforts in the Asia-Pacific region.
It is the opinion of some that if the U.S. Government now sought to interpret
the original intent of this treaty to include a right to compensation, it could
have serious consequences for U.S.-Japan relations, and cast doubt on the United
States' ability to meet the obligations set forth in treaties. Most options for
resolution of these issues, therefore, appear to have been exhausted.
San Francisco Peace Treaty
The San Francisco Peace Treaty effectively ended the war between Japan and the
United States. This treaty includes a provision that waived all reparation claims
of the Allied Powers and its nationals for any actions by the Japanese and its
nationals during the course of the war (Article 14b). Another provision of the
treaty, Article 26, states, "Should Japan make a peace settlement or war claims
settlement with any state granting that state greater advantages than those provided
by the present treaty, those same advantages shall be extended to the parties
of the present treaty."
Article 26 is relevant because the Japanese government made an agreement with
the Dutch government stating that, because of Dutch constitutional conflicts
- regarding waiving the rights of its nationals, similar to Article 5 of the
U.S. Constitution - the Dutch government would not adhere to Article 14b. It
remains to be seen whether, per Article 26, U.S. nationals would have the same
rights.
Related Legislation
108th Congress
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HR 1703: Justice for United
States Prisoners of War Act of 2003. To preserve certain actions
in Federal court
brought by members of the U. S. Armed Forces held as prisoners of
war by Japan during World War II against Japanese nationals seeking
compensation for mistreatment or failure to pay wages in connection
with labor performed in Japan to the benefit of the Japanese nationals,
and for other purposes. Sponsor Dana Rohrabacher (R-CA). Referred
to a house subcommittee on Technology, Information Policy, Intergovernmental
Relations and the Census.
*Senate version, Justice for United States Prisoners of War Act of 2001,
Senate Co-Sponsors Tom Harkin (D-IA) and Bob Smith (R-NH).
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H Res. 382: Expressing the sense of the House
of Representatives concerning war crimes committed by Japan during
World War II and the liability of Japanese companies to former prisoners-of-war
used by such companies as slave labor during World War II. Sponsor
Mike Honda (D-CA). Referred to the House Committee on International
Relations.
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107 th Congress
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S 1272: POW Assistance Act of 2001. A bill to assist
United States veterans who were treated as slave laborers while held
as prisoners of war by Japan during World War II, and for other purposes.
Co-Sponsors Orrin Hatch (R-UT), Dianne Feinstein (D-CA), Tom Harkin (D-IA),
and Bob Smith (R-NH). Referred to the Senate Judiciary Committee.
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Related Lawsuits
The U.S. Supreme Court turned aside appeals from former American prisoners of
war and others who claim they were forced to work for private Japanese companies
as slave laborers during World War II. The court's action, taken without comment
October 6, 2003, ends lawsuits in California against Japanese firms or their
successors that allegedly forced prisoners to work in mines, dig roads and perform
other duties more than 50 years ago.
The cases involved were Tenney v. Mitsui Co. Ltd., 02-1776; Saldajeno v. Ishihara
Sangyo Kaisha Ltd., 02-1784; Oh v. Nippon Steel Co. Ltd. 02-1773; Ma v. Kajima
Corp., 02-1778.
There have been 26 cases filed thus far in the U.S. against 31 Japanese corporations
that used slave and forced labor in World War II
P.O. Box 466 | Williamston, MI 48895
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