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Race and American Military Justice: Rape, Murder, and Execution in Occupied Japan

Published online by Cambridge University Press:  07 May 2025

Terese Svoboda
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“Why do you want the records of all these horrible criminals?” asks the clerk at the National Personnel Records Center.

I don't believe they're criminals. These GIs were all around twenty years old, from the lowest ranks. For most it was their first offense and many have ribbons from the most terrible battles in the Pacific. J. Robert Lily, Michael Thomson and Alice Kaplan describe the scant preparation for the hasty trials of black servicemen in particular, where the defendants were so cowed by the court-martial process they didn't even speak up for themselves. They also tell of the lack of due process, and of missing witnesses. The Senate's 1946 Committee on Military Affairs Report notes further flaws in the trials: “the officer senior in rank often uses his weight and influence to dominate without even a pretense of impartiality; that even when votes are taken in inverse order of rank, the junior officers are perfectly well aware whether they are voting in accordance with his wishes; that the votes are taken orally; that no record of the proceedings is given the person most concerned.”

Type
Research Article
Information
Asia-Pacific Journal , Volume 6 , Issue 5 , May 2008 , e2
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Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This is an Open Access article, distributed under the terms of the Creative Commons Attribution-NonCommercial-No Derivatives licence (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is unaltered and is properly cited. The written permission of Cambridge University Press must be obtained for commercial re-use or in order to create a derivative work.
Copyright
Copyright © The Authors 2008

References

Notes

[1] all around twenty years old. I gleaned this information by reviewing the general court-martials in United States. Office of the JAG. Holdings, Opinions, and Reviews: v.1-81 + 2 index volumes. GPO, 1924 – 1949 and 1944 – 1949. Office of the Judge Advocate General. Judge Advocate General's Department Board of Review, Holdings, and Opinions Board of Review, Branch Office of the Judge Advocate General, Southwestern Pacific Theater of Operations. Coverage: 1942-1946; Vol. 1-7; and Holdings, Opinions and Reviews, and Holdings, Opinions and Reviews, Board of Review, Branch Office of the Judge Advocate General, Pacific Ocean Theater of Operations. Coverage: 1944-1945. Vol. 1. microfilm. Also by reviewing the military records on Ancestry.com by names of the convicted GI that appear on “Return of General Prisoners” A1-149; 8th Army Stockade 1946; General Correspondence, 1946-1951; Provost Marshal Section, Far East Command, Department of Defense, Record Group 554; National Archives at College Park, College Park, MD. Also by reviewing personnel records from the National Archives and Records Administration. Courtesy of National Personnel Records Center, St. Louis, Missouri. 44 out of 50 requests filled.

[2] Alice Kaplan, Robert Lilly and J. Michael Thomson… J. Robert Lilly and J. Michael Thomson. “Executing U.S. Soldiers in England, WWII: The Power of Command Influence and Sexual Racism.” Draft. 1995. 16 and Alice Kaplan. The Interpreter. New York: Free Press/Simon and Schuster, 2005. 168-170.

[3] “the officer senior in rank often uses his weight…”: United States. House of Representatives Committee on Military Affairs. Investigations of the National War Effort, Report of the Committee of Military Affairs, House of Representatives, 79th Congress, Second Session, Pursuant to H. Res. 20: A Resolution Authorizing the Committee on Military Affairs to Study the Progress of the National War Effort, June 1946._GPO, 1946. 17.

[4] “Racial agitation”:Morris J. MacGregor, Jr. “Segregation's Consequences.” Defense Studies Series: Integration of the Armed Forces 1940 – 1965. 1979. 2 May 2001. 15 Oct 2007. Access here.

[5] Yet the official records indicate that no one…“Return of General Prisoners” A1-149; 8th Army Stockade 1946; General Correspondence, 1946-1951; Provost Marshal Section, Far East Command, Department of Defense, Record Group 554; National Archives at College Park, College Park, MD.

[6] “Your uncle's name sounds familiar…”:Vincent M., Jack W., Leroy S., and John J. Telephone interviews. 13 Apr 2007.

[7] Only blacks were executed for rape in England.… J. Robert Lilly. “Dirty Details: Executing U.S. Soldiers During WWII. Diss. Northern Kentucky University, 1995. 6.

[8] only blacks—six men—were hanged for rape…“: Walter Luszki. A Rape of Justice. Toronto: Madison Press Books, 1991.

[9] “Nowhere in these postwar documents…”: Alice Kaplan. 156.

[10] Everybody knew it was happening: Marvin B. 3. Interview with author. 4 July 2006.

[11] Seventeen people are required to attend an execution: Report of Executions; Entry 156 (A1); 7 Aug 1946. Records of Far East Command SCAP and UN Command 1945-57; Provost Marshal Section; Record Group 554; National Archives at College Park, College Park, MD.

[12] No records of any execution: General Court Martial Offense Ledger Sheets, Vol. 23-28; Records of the Adjutant General's Office; Judge Advocate General, 1946; Record Group 153; National Archives at College Park, College Park, MD.

[13] Wikipedia file on the death penalty: “List of Those Executed by the United States Military.” Wikipedia. 12 Oct 2007. Access here.

[14] The soldier executed in 1950: William M. “Re: Names.” Email to author. 21 July 2007.

[15] There are also two soldiers officially executed: Marvin M. Telephone interview. 14 April 2007.

[16] Burns and Dennis: William M. “Re: Names. Email to author. 21 July 2007.

[17] The only two executions: Cross-referencing United States. Office of the JAG. Holdings, Opinions, and Reviews: v.1-81 + 2 index volumes. GPO, 1924 – 1949 and 1944 – 1949. Office of the Judge Advocate General. Judge Advocate General's Department Board of Review, Holdings, and Opinions Board of Review, Branch Office of the Judge Advocate General, Southwestern Pacific Theater of Operations. Coverage: 1942-1946; Vol. 1-7; and Holdings, Opinions and Reviews, and Holdings, Opinions and Reviews, Board of Review, Branch Office of the Judge Advocate General, Pacific Ocean Theater of Operations. Coverage: 1944-1945. Vol. 1. microfilm with Execution of General Prisoner. Manila Provost Marshal Command 1 Dec 47. Supreme Commander for the Allied Powers. Legal Section. Manila Branch. (1945 - 11/1949); Records of Allied Operational and Occupation Headquarters, World War II, 1907 – 1966; Record Group 331; National Archives at College Park, College Park, MD.

[18] I read all the recorded court-martial proceedings: United States. Office of the JAG. Holdings, Opinions, and Reviews: v.1-81 + 2 index volumes. GPO, 1924 – 1949 and 1944 – 1949. Office of the Judge Advocate General. Judge Advocate General's Department Board of Review, Holdings, and Opinions Board of Review, Branch Office of the Judge Advocate General, Southwestern Pacific Theater of Operations. Coverage: 1942-1946; Vol. 1-7; and Holdings, Opinions and Reviews, and Holdings, Opinions and Reviews, Board of Review, Branch Office of the Judge Advocate General, Pacific Ocean Theater of Operations. Coverage: 1944-1945. Vol. 1. microfilm.

[19] “…not infrequently rejects or ignores it”: United States. House of Representatives Committee on Military Affairs.33.

[20] only records for sentencing:James Zobel, director of MacArthur Memorial. Telephone interview. 31 Mar 2006.

[21] a burner: James Zobel, director of MacArthur Memorial. Telephone interview. 31 Mar 2006.

[22] According to the National Law Journal: “Closing Ranks on Executions, Military Nears First Death Penalty Since JFK; Policy Assailed.” National Law Journal. 5 Apr 1999. A1.

[23] The military executed 141: United States. House of Representatives Committee on Military Affairs. 6.

[24] 160 men executed between 1942 and 1962: United States. Statistical Abstracts of the United States: No. 375. GPO, 2000. 25.

[25] A list of 154 executed men: “Executions in the Military.” Chart. Death Penalty Information Center. 17 Sep 2007. Access here. Also cited in J. Robert Lilly. “Death Penalty Cases in WWII Military Courts: Lessons Learned from North Africa and Italy.” ts. 41st Annual Meeting of the Academy of Criminal Justice Sciences. Las Vegas, Nevada. 10-13 Mar 2004. 34.

[26] I read an order from Lt. General William Styer: Requisitions; File 371.2-413.44; Commanding General, U.S. Armed Forces, Western Pacific to the Commander in Chief Armed Forces Pacific, 10 April 1946; Provost Marshal General Correspondence 1946-1947. Record Group 554; National Archives at College Park, College Park, MD.

[27] In the Eighth Army stockade's May report: Processing Work Sheet; 483rd Military Police Escort Guard Company; Records of Allied Operational and Occupation Headquarters, World War II, 1907-1966; Record Group 331; National Archives at College Park, College Park, MD.

[28] A request for a report of execution: Report of Execution Form; “To HQ, General Prisoner Branch AFWESPAC Stockade” 7 August 1946. From Chief Provost Marshall, General Headquarters, US Army Forces, Pacific to General Prisoner Branch AFWESPAC Stockade; Records of General Headquarters; Provost Marshal Section, General Correspondence 1946-47; Record Group 389; National Archives at College Park, College Park, MD.

[29] Page 25 of the Provost Marshal's: Military Prisoners; Chapter VII; The Provost Marshal's History Campaigns of the Pacific 1941-1947; Provost Marshal's History Campaigns of the Pacific 1941-1947; Military Police Division Correspondence 1942-1947; Doctrine and Enforcement; Record Group 389; National Archives at College Park, College Park, MD.

[30] An index shows a letter: Racial Incident; File 291.2; Cross Reference Index to the Series Central Decimal Correspondence Files, 1940-1945,' 1940-1945 and Central Decimal Correspondence Files, 1940 – 1945; War Department. The Adjutant General's Office. Record Group 407; National Archives at College Park, College Park, MD.

[31] eighteen dishonorable discharges: List of Decedents PHILCOM Determined to be in “Dishonorable” Status, whose Cases are Being Processed and on when Disinterment Directives will be Issued at a Later Date; File 314.6; Correspondence Misc. File 1939-1954; Office of the Quartermaster General; Record Group 92; National Archives at College Park, College Park, MD.

[32] the cemetery's keeper: Larry Heilhecker. “Re: Clark Cemetery.” Email to author. 24 May 2007.

[33] how their loved ones died:J. Robert Lilly. “Dirty Details: Executing U.S. Soldiers During WWII. Diss. Northern Kentucky University, 1995. 3.

[34] MacArthur censored newspapers:Bertrand M. Roehner. Relations Between Allied Forces and The Population of Japan 15 August 1945-31 December 1960. Paris: University of Paris, 2007.15.

[35] Even the Allied military reports were subject to: Bertrand M. Roehner. 17.

[36] forbade mention of censorship: Bertrand M. Roehner. 28.

[37] exiled or fired: Bertrand M. Roehner. 45-46.

[38] General Eichelberger twice: MacArthur, Douglas. Letter to All Unit Commanders. 22 June 1946. Entry A-1 135; File 250.1; Occupation Files 1945-1950; General Correspondence; Department of Defense. Far East Command. Eighth Army. Provost Marshal Section. Record Group 338; National Archives at College Park, College Park, MD. It begins “Since publishing my letter to you of 10 June regarding the behavior of our troops, I have received an increasing number of reports of crimes committed by Americans.” – Letter to Commanding General, Eighth Army. 8 Nov 1946. Entry A-1 135; File 250.1; Occupation Files 1945-1950; General Correspondence; Department of Defense. Far East Command. Eighth Army. Provost Marshal Section; Record Group 338; National Archives at College Park, College Park, MD. MacArthur complains in the letter that less than 50% of the reported rapes, assaults and robberies were investigated and only one-third of the burglaries. This is after receiving another letter from the Commanding General reporting alleged misconduct of occupational troops against Japanese Nationals for the month of September, 1946.

[39] The National Archives houses the cover sheet: Bertrand M. Roehner. 72.

[40] even as late as April, 1952: Bertrand M. Roehner. 105.

[41] one in four GIs had come down with VD:Yuki Tanaka. Japan's Comfort Women: Sexual Slavery and Prostitution During World War II and the US Occupation, Routledge, 2001. 161.

[42] forced to completely reverse his stance: Yuki Tanaka. 162.

[43] “the number of rapes…”: John Dower. Embracing Defeat: Japan in the Wake of World War II. W.W. Norton, 2000. 579, fn 16.

[44] Two incidents of mass rape: Yuki Tanaka. 163-164.

[45] “It happened all the time…”: Larry S. Telephone interview. 13 Apr 2007.

[46] “The most tragic…”: United States. House of Representatives Committee on Military Affairs. 43.

[47] When President Truman: Eiji Takemae. Inside GHQ. Continuum International Publishing Group: 2002. 130.

[48] MacArthur certainly wouldn't have cared: Linda Wheeler. “Routing a Ragtag Army.” Washington Post, April 12, 1999. A1.