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This assignment comes from the Constitutional Rights Foundation - http://www.crf-usa.org/bria/bria18.3htm#nanking
The "Rape of Nanking"
At the beginning of World War II, Japanese
soldiers committed many atrocities against POWs and civilians in
Nanking, China. After the war, a war crimes trial focused on who was
responsible for these acts.
For much of human history, the idea of "war crimes" did
not exist. Victorious armies often slaughtered defeated enemy
soldiers and civilians as well. About a hundred years ago, however,
most major nations in the world began to agree on certain
"rules of war."
In 1899 and 1907, at a city called The Hague in the Netherlands,
the world powers agreed to prohibit the killing or mistreatment of
prisoners of war and civilians. In effect, these Hague
Conventions made it illegal under international law for soldiers
and their commanding officers to carry out acts that came to be
called "war crimes."
Japan was one of the nations that signed and ratified the Hague
Conventions. Japan was fast becoming a modern and industrialized
country with a military force patterned after those of Europe.
Following the example of European colonial powers, Japan went to war
against China in 1894 to gain control of some Chinese trading ports.
In 1905, Japan defeated Russia in a war over possession of ports in
the Chinese territory of Manchuria. It was the first Asian nation to
defeat a European power.
By the early 1930s, Japanese military and political leaders
believed that it was Japan's destiny to acquire China. They thought
that Japan's economic survival depended on control of Chinese
agricultural lands and other resources.
Meanwhile in China, revolutionaries had overthrown the last
emperor and were trying to unify the country under the leadership of
Chiang Kai-shek. The Japanese viewed these events as a threat to
their plans for dominating China as a virtual colony. In response,
Japan seized all of Manchuria in 1931.
In 1937, two years before Hitler started World War II in Europe,
and four years before Japan attacked Pearl Harbor, the Japanese
launched another invasion of Chinese territory. This time, they
occupied the Chinese capital city, Peking (now spelled Beijing). In
addition, they sent a major force to attack Shanghai,
China's largest city (located near the mouth of the Yangtze River).

Outside Shanghai, the Japanese, under the command of General
Matsui Iwane met heavy resistance from Chiang Kai-shek's army. The
battle raged on for several months, killing thousands on both sides.
Finally, in early November 1937, Chiang ordered his army to retreat
250 miles inland along the Yangtze River to Nanking (now spelled
Nanjing), the new Chinese capital. General Matsui's troops pursued
the Chinese, who soon began to flee in panic.
Although Matsui issued orders forbidding mistreatment of the
Chinese people, Japanese soldiers felt vengeful. They had endured
fierce fighting in the battle for Shanghai. Japanese troops executed
many Chinese soldiers who had surrendered. They also killed
draft-age men, whom they suspected of being enemy soldiers disguised
as civilians. Because the Japanese military high command in Tokyo
had failed to establish an adequate supply system for their troops,
soldiers began stealing food from the countryside. This led to
further abuses of Chinese civilians.
The Fall of Nanking
As Japanese troops moved closer to Nanking, Chiang Kai-shek,
Chinese government officials, and many civilians left the city.
Chiang, however, ordered his generals and about 100,000 soldiers to
remain and defend the Chinese capital.
In early December 1937, Japanese air strikes and artillery
bombarded Nanking. In battles outside the city, Chinese troops
proved no match for the Japanese.
The Japanese demanded that if the Chinese did not surrender
Nanking "all the horrors of war will be let loose." Chiang
Kai-shek refused to permit the surrender of the capital, but finally
ordered the defenders to evacuate. Panic gripped the city. Chinese
soldiers and civilians desperately tried to flee Nanking before the
Japanese arrived.
When the Japanese surrounded Nanking on December 12, they trapped
tens of thousands of Chinese soldiers and about 200,000 civilians in
the city. Although most foreigners had fled Nanking, a group of
about 25 American and European businessmen, doctors, nurses, college
professors, and Christian missionaries remained. In the weeks
leading up to the fall of Nanking, they formed a committee to
organize a two square mile "International Safety Zone"
within the city.
The purpose of the Safety Zone was to shelter and protect the
Chinese civilians still living in Nanking. The Safety Zone Committee
elected an unlikely leader—John Rabe. He was a German businessman
who also headed the Nazi Party in Nanking. Even so, Rabe worked
tirelessly and put his life in danger to shelter and save the lives
of many Chinese.
When Japanese troops finally marched into Nanking on December 13,
1937, thousands of civilians crowded into the Safety Zone. The
Safety Zone Committee decided to also admit stranded Chinese
soldiers. The Japanese never fully agreed to honor the Safety Zone,
but allowed the committee of foreigners to feed and house the people
seeking refuge there.
The Execution of POWs
Thousands of Chinese soldiers had surrendered before the Japanese
entered Nanking. Once in the city, Japanese troops rounded up any
Chinese soldiers they found in house-to-house searches and in the
Safety Zone.
Since defeated Chinese soldiers had the custom of exchanging
their military uniforms for civilian clothes, the Japanese also
arrested many draft-age males not in uniform. Undoubtedly, this
group included many civilians—policemen, firemen, city employees,
hospital workers, servants, and others.
The Japanese faced the problem of what to do with these POWs
(prisoners of war). A feeling of vengeance against the Chinese ran
strong among Japanese troops. The Japanese had difficulty feeding
their own soldiers, let alone tens of thousands of Chinese POWs. The
Japanese also saw the POWs as a security risk. They didn't have a
camp to hold the POWs. They thought the POWs threatened the safety
of the Japanese soldiers as well as a planned victory parade in
Nanking led by General Matsui.
The Japanese army had no clear POW policy. Division commanders in
Nanking took matters into their own hands and ordered the execution
of the POWs under their control. The Japanese shot some by firing
squad and bayoneted others to death. In some cases, the Japanese
lined up POWs in groups from 100-200 on the banks of the Yangtze and
machine-gunned them. Some Japanese officers used their swords to
behead POWs.
About 40,000 Chinese POWs and civilian draft-age men probably
perished within a week or so. The Japanese had committed the first
major war crimes of World War II. But the worst was yet to come.
"Cases of
Disorder"
Atrocities (brutal acts) against the people of Nanking began as
soon as Japanese troops entered the city. Unlike the POW executions
ordered by Japanese army division commanders, most atrocities
against Nanking's civilians were criminal acts done by undisciplined
soldiers.
Japanese soldiers beat people, robbed them at gunpoint, and
murdered them almost randomly. The soldiers stabbed people with
bayonets, mutilated them with knives, and even ran over them with
tanks. The soldiers vandalized, looted, and burned public buildings
and private homes. They even destroyed animals for no reason.
For more than a month, Japanese soldiers roamed the city hunting
for women to rape. The soldiers raped women and girls on the street,
in stores, and in homes before horrified family members. The victims
ranged in age from 10 to over 60. Even pregnant women were sexually
assaulted. Gang rapes and kidnappings for the purpose of rape
occurred. Raped women were sometimes mutilated or killed. The
rapists killed children and even infants simply because they got in
the way. Japanese soldiers frequently invaded the International
Safety Zone in search of women. On several occasions, John Rabe, the
leader of the Safety Zone Committee, stopped sexual assaults by
displaying his Nazi swastika armband. The soldiers did not want to
get into trouble with a country that they knew was a friend of
Japan.
During the weeks of terror in Nanking, the Safety Zone Committee
sent letters and eyewitness reports of the atrocities to Japanese
diplomats, hoping they could stop the rampaging soldiers. Called
"Cases of Disorder," these reports detailed what was
happening to the people of Nanking.
The Safety Zone Committee recorded this account of a case that
took place on January 15, 1938:
Many Japanese soldiers arrived [at a Chinese temple], round[ed] up all the
young women, chose 10, and raped them in a room at the temple. Later
the same day a very drunken Japanese soldier came, went into one
room demanding wine and women. Wine was given, but no girls.
Enraged, he started to shoot wildly, killing two young boys, then
left . . . .
Who Was Responsible?
General Matsui was the overall commander of Japanese military
operations in Central China. Headquartered in Shanghai, he did not
personally witness the terrible events that unfolded in Nanking. A
few days after Japanese forces occupied the Chinese capital,
however, Matsui entered the city to lead a victory parade. Finding
out about some of the atrocities that Japanese soldiers were
committing, he ordered that, "Anyone who misconducts himself
must be severely punished."
After General Matsui returned to Shanghai, the atrocities against
the people continued in Nanking. Army division commanders did little
to stop them.
In Shanghai, General Matsui issued new orders, stating that the
"honor of the Japanese Army" required punishment for the
illegal acts of soldiers. Again, the Japanese commanders in Nanking
were unwilling or unable to control their troops. Only after Matsui
returned to Nanking in early February 1938, six weeks after the fall
of the city, did order and discipline improve among the occupying
troops.
Even today, great controversy arises over the number of victims
in the "Rape of Nanking." Official Chinese figures put the
number at 300,000. Some in Japan deny the massacre took place. But
today Japanese textbooks, which for years did not mention Nanking,
estimate that 200,000 were killed. The latest research indicates
that Japanese troops probably killed at least 50,000 to 100,000 POWs
and civilian men, women, and children. Many thousands more were rape
victims and others who were injured but survived.
Who, then, was responsible for these atrocities?
As they did at Nuremberg,
Germany, the victorious Allies conducted war crimes trials in
several Asian nations after the war. At Nanking, a war crimes
tribunal convicted and hanged three Japanese army lieutenants for
beheading hundreds of Chinese POWs. The Nanking tribunal also tried
and executed one Japanese general who commanded troops in Nanking.
In Tokyo, more than two dozen Japanese political and military
leaders also faced a war crimes tribunal. General Matsui was
indicted for "deliberately and recklessly" ignoring his
legal duty "to take adequate steps to secure the observance and
prevent breaches" of the laws of war (the Hague Conventions).
In his defense, General Matsui said that he never ordered the POW
executions. He also argued that he had directed his army division
commanders to discipline their troops for criminal acts, but was not
responsible when they failed to do this.
The majority of the judges at the Tokyo tribunal ruled that Gen.
Matsui was ultimately responsible for the "orgy of crime"
because, "He did nothing, or nothing effective to abate these
horrors."
A dissenting judge, Radhabinod Pal from India, disagreed with the
majority. He concluded that the commander-in-chief must rely on his
subordinate officers to enforce soldier discipline. "The name
of Justice," Pal wrote in his dissent, "should not be
allowed to be invoked only for . . . vindictive retaliation."
American military authorities hanged General Matsui on December 27,
1948.
For Further Information use
the following websites to gather more information about the Rape of
Nanking.
The
Laws of War The texts of international treaties establishing
laws of war. From the Avalon Project at Yale Law School.
Scarred by
History: The Rape of Nanking Summary from BBC News.
The
Nanking Atrocities An extensively researched site with written
commentary, photographs, and video. Master's thesis in year 2000 of
Kajimoto Masato, Graduate School of Journalism, University of
Missouri-Columbia.
WWW
Memorial Hall of the Victims in the Nanjing Massacre (1937-1938)
Large collection of links to articles, photographs, and videos.
Basic
Facts of the Nanking Massacre and Tokyo War Crimes Trial From
the WWW Memorial Hall.
Commemorating the
60th Anniversary of the Nanking Massacre A photographic exhibit
from Princeton University.
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