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War Crimes Liaison Detachment – Far East and the Prosecution of Japanese “Minor” War Crimes

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War Crimes Liaison Detachment – Far East and the Prosecution of Japanese “Minor” War Crimes The Canadian War Crimes Liaison Detachment – Far East and the Prosecution of Japanese “Minor” War Crimes by Mark Sweeney A thesis presented to the University of Waterloo in fulfilment of the thesis requirement for the degree of Doctor of Philosophy in History Waterloo, Ontario, Canada, 2013 © Mark Sweeney 2013 Author’s Declaration I hereby declare that I am the sole author of this thesis. This is a true copy of the thesis, including any required final revisions, as accepted by my examiners. I understand that my thesis may be made electronically available to the public. ii Abstract The members of the Canadian War Crimes Liaison Detachment – Far East travelled across the Pacific in April 1946 to participate in “minor” war crimes trials in Hong Kong and Japan. The assignment stemmed from the harrowing experiences of the Winnipeg Grenadiers and Royal Rifles of Canada in Hong Kong and Japan following the Japanese invasion in December 1941 through to their liberation from POW camps at the end of the Pacific War. Literature pertaining to war crimes trials during this period focuses primarily on the Nuremberg and other European trials, or on the major, often politicized Tokyo Trial. This dissertation addresses the frequently proffered recommendation in the literature that further explorations into the “minor” trials of 5600 Japanese war criminals are needed. The members of the Canadian Detachment served as prosecutors at the American operated Yokohama War Crimes Trials, as well as the British Hong Kong War Crimes Courts. Their cases covered the entirety of the POW experience, from atrocities during battle and in the immediate aftermath, to brutal abuses and medical neglect in POW camps and exploitation in war-related and dangerous labour. The Canadian trials were steeped in emerging and evolving legal concepts including issues of command responsibility and superior orders, as well as the use of common or joint trials and broadly expanded rules of evidence. The uncertainty of trial outcomes and the leniency of many of the sentences combined with the genuine effort extended by the Canadian Detachment members in investigation, case development, and in the courtroom belie the crude and misguided application of a victors’ justice framework. Although the trials were not marked with a clear sense of unfairness, their historical legacy has ultimately been a failure. When the international community sought answers to war crimes starting in the latter half of the twentieth century, these trial records have been left to gather dust on archive shelves. However, the transcripts offer historians the opportunity to better understand both the brutality and banality of the POW experience, and the legal community a series of pragmatic and thorough avenues for addressing violations of the laws and customs of war. iii Acknowledgements Having the opportunity to work with Whitney Lackenbauer and harness even a fraction of his enthusiasm and energy has been an amazing experience for me. His support of my project and my development as a scholar has been unwavering. Our meetings were usually whirlwinds and always proved intellectually stimulating and comical. We managed to cover more terrain in fleeting conversations than I ever thought possible – whether they took place during quick treks across campus, or via skype from the Arctic to Nova Scotia. Jenn Lackenbauer frequently offered an ear for my dissertating troubles. She offered much needed advice, particularly during the latter stages of this project, plenty of which ended up tacked to my office wall. Ryan Touhey has been an excellent mentor and became a close friend. I will miss our regular drives from Waterloo to Ottawa and both the long discussions of Canadian history, and our constant slew of indignities traded back and forth. Geoff Hayes helped me refine my thinking on the project, particularly what these trials meant to the individuals named as victims in the charges. Our post-class sojourns to the Grad House helped to foster these ideas. I am deeply indebted to my committee member Kimie Hara and internal external Fred Desroches for their feedback on my dissertation. You have given me plenty to think about going forward. I would also like to express gratefulness to external examiner Christopher Capozzola for making the trip to Waterloo from Boston for my defence and for providing such deeply thoughtful comments and suggestions about the project and legal history more broadly. My time at Waterloo was blessed by the friendship and support of Donna Lang. I will miss our morning chats over tea in the mailroom. I don’t think I can count the number of times you bailed me out of situations that were invariably the result of my own obliviousness to the world around me. I have been lucky enough to have the support of some excellent historians and wonderful people while pursuing this degree. Kirrily Freeman helped me make the decision to pursue my PhD and prepared me by offering advice on the bits and pieces that no one really tells you about. John Reid always made time for me when I was back in Halifax and has been an important influence since my first history courses. Lynne Taylor kept a watchful eye out for me as soon as I moved to Waterloo and knew just when a cup of coffee and a chat might be the answer. Special thanks are required to the staff at Library and Archives Canada, the Directorate of History and Heritage in Ottawa, and the United Kingdom National Archives in Kew for assisting me with the administrative and trial files that comprise the core material for this study. I greatly appreciated the advice, expertise, and trouble shooting of Paul Brown and Eric Van Slander of the National Archives and Records Administration in College Park, Maryland while I was trying to make sense of the trial and investigative records for the Yokohama Trials. Bernard Hui of the Hong Kong Public Records Office was instrumental in providing guidance and assistance in tracking down files relating to the treason trial of Inouye Kanao as well as the incarceration of war criminals at Stanley Prison. Philip Hartling of the Nova Scotia Archives has always been extremely helpful and welcoming whenever I have come to him with questions. I would like to thank Rachel Ingold, Curator of the History and Medicine Collections at the Rubenstein Rare iv Book & Manuscript Library at Duke University for helping me locate a SCAP monograph that had been eluding me for longer than I care to admit. I greatly appreciate Chris Madsen of the Canadian Forces College taking the time to share his thoughts on “minor” war crimes trials and for trading archival files with me. This project would not have been possible without the volunteer term I had the opportunity to spend at the Army Museum during the winter of 2006 archiving the John Dickey Papers. I owe sincere appreciation to Jim Derby and Roderick MacLean (now of Parks Canada) of the Army Museum as well as Nicole Neatby of Saint Mary’s University for setting me off on this path. I owe a debt of gratitude to Dr. John “Jack” Stanton for the advice he shared with me when I was first toeing the water with this project. I am deeply saddened that his passing in 2013 prevented me from presenting him with the finished product, but I am glad to have hunted down the archival loose-ends that we discussed at the onset. Enrolling in the Tri-U History put me in the room with an excellent group of colleagues and more importantly allowed for the development of a wonderful group of friends. Jill Campbell- Miller and David Miller, Kristin and Matt Hall, Lorene Bridgen, Allan Downey, Kirk Goodlet, Ryan and Rachel Kirkby, Jon Crossen, and Matt Roth have all provided laughs during the down times and shared in all of the good. A special word must go out to my rugby people, both in Waterloo and in Enfield. You offered me the outlet I needed from this project, lifelong friendships that I treasure, and always knew far better than I did when it was time for me to put the books aside and gain some clarity (a unique late-night abduction from my office along with the threat of destroying all my books if I didn’t comply comes to mind…). My mother Reeta and father Reg instilled in me a passion for learning at a young age and have fostered it throughout my lifetime. Mom, your unwavering support and positivity lightened the burden throughout. My sister Ellen is my academic role model and I’ll look up to her for my entire career. Adrienne’s family, particularly her grandmother Barb, mother Louise, and sister Barbara, have been strong supporters of mine and have been great friends along the way. Finally, Ade, you are my best friend, my partner, my treasured critic, and sharer of ideas. Through the highs and lows you’ve kept me moving forward. Thank you so, so much. v Dedication To Mom: for all of those encouraging chats and phone calls spanning 30 years now. Your belief in me has always been delivered with sincerity no matter what the task at hand. vi Table of Contents Author’s Declaration…………………………………………………………………………….ii Abstract……………………………………………………………………………………….…iii Acknowledgements…………………………………………………………………………...…iv Dedication………………………………………………………………………………………..vi List of Figures and Tables………………………………………………………………………ix List of Abbreviations………………………………………………………………………..…...x Introduction………………………………………………………………………………………1 1 – Original Intentions and Necessary Evils: Securing Canadian Involvement in “Minor” War Crimes Trials in Hong Kong and Japan………………………………………………...17 2 – Situating the Canadian Detachment within British
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