His Excellency Shinzo ABE
Prime Minister of Japan
The Hague, 13 December 2016
Subject: Amendments/revisions to US-led Constitution and Peace Treaty.
The Constitution of Japan was drafted during the US-led occupation of Japan after World War II. In the parliamentary panel to propose revisions to the Constitution it was stated, that: “It is difficult to say that the charter sufficiently reflects the free public will.” Neither was the free public will of the people of Japan reflected in the 1951 San Francisco Peace Treaty.
In the Peace Treaty Japan admitted responsibility for the atrocities freely practiced committed by the Imperial Army and the Kempetai. In article 11 of the Peace Treaty Japan agreed with the findings of the International Military Tribunal, which included the findings of the Dutch Military Tribunal of Batavia and thus the Semarang Comfort Women case!
In agreeing to the San Francisco Peace Treaty Japan was and still is in breach of the 3rd Geneva Convention of 1949 on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity including World War II. Article 131 of the Convention provides that “no High Contracting Party can absolve itself in respect to breaches referred to in article 130.” The breaches include: “willful killing, torture or inhumane treatment, including biological experiments, willfully causing great sufferings or serious injury to body and health.”
There is no statute of limitations for war crimes and crimes against humanity. In other words Japan admitted its responsibility for the war crimes in the Peace Treaty, but failed to recognize and acknowledge the consequences of the Third Geneva Convention of 1949! The 1956 Stikker-Yoshida protocol did not address Japan’s obligations under the Convention. This protocol was subjected to the number of convicted war criminals paroled, ignoring the 3rd Geneva Convention.
Japan in agreeing to the 1951 San Francisco Peace Treaty violated the 1949 Third Geneva Convention. Does the San Francisco Peace Treaty sufficiently reflect the free public will? It is high time for Japan to acknowledge its obligations to the victims of the Japanese World War II war crimes.
We are still awaiting receipt of our petitions.
On behalf of the Foundation of Japanese Honorary Debts.
J.F. van Wagtendonk
Human Rights Council
33rd session, September 2016
Agenda item 3
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
The Foundation of Japanese Honorary Debts acts on behalf of former Dutch Prisoners of War and civilian internees who suffered during the Japanese occupation of South East Asia during WW ll.
Families were split up; they were treated harshly in separate camps for men and for women and children. Boys over 10 years of age were separated from their mothers. Those who, on racial grounds, were left outside of the camps were discriminated. All were submitted to forced labour, sexual slavery and other atrocities by the Japanese military.
Japan has a moral obligation to acknowledge the plight of war victims they caused during the Pacific War.
Nations who wage war cannot be exempted from impunity if their military commits war crimes. During wartime the UN conventions, and earlier the League of Nations conventions, protect civilians and POW’s in occupied territories.
Japan as a member of the UN ignores its responsibilities by denying the consequences of martial law. Victims suffered from systematic military terror. Many died of deliberately enforced starvation, lack of medicines and even of executions, ignoring the laws of war.
The Japanese military disregarded Human Rights at a large scale.
In accordance with UN conventions the crimes of the Japanese military qualify as war crimes, therefore are not limited by the 1951 San Francisco Peace treaty. The government of Japan continues to express the view that the war crimes issue has been resolved by the Peace Treaty.
Japan must acknowledge its responsibility for the war crimes of its military during the Pacific war. The Human Rights Council cannot ignore Japan’s past and present conduct ignoring UN conventions.
On behalf of all victims of Japanese military terror in South East Asia during the Pacific war we request the Human Rights Council to insist that the Japanese government acknowledges the past behaviour of the Japanese military without any reservations, and that Japan comes to lasting terms with UN approved NGO’s representing the victims.
Thank you for your attention and we look forward to your actions.