War crimes and crimes against humanity are among the most serious crimes in International Law. The definitions of a war crime comes under very specific definitions but are not always easily so defined, as war can be very hostile and unpredictable. War can appear as unjust and unwarranted, but in some circumstances, it is necessary. Just War theory is a concept that attempts to guide war into a more just path. The theory recognises that in times of war, traditional ethics are not applied but there should be ethical guidelines for war. Just War theory judges war twice, first for the reason that the states are fighting for and secondly, the practises in which they adopt in the actual fighting. Jus Ad Bellum or justice of war provides the guidelines …show more content…
The Treatment of Australian Prisoners of War in World War 2 from the Japanese is a heinous war crime under the Geneva Conventions of 1929. This essay serves to differentiate between what is classified as a war crime and what is considered not through looking at various cases studies of Australian involvement in certain wars as both the victim and alleged offender.
The idea of Just War theory is not necessarily to condone war but to prevent war by showing that it is wrong and motivates states to find other ways of solving conflicts. Throughout war, we see many horrors committed against people particularly civilians and just war theory aims to alleviate the horror of war by providing a map to determine whether it is right to go to war initially and for nations to govern their actions throughout war. The concept of just war theory paved the way to establishing a way of prosecuting those who committed crimes during war. International Law, established by the United Nations defines the legal responsibilities of states in their conduct with each and the treatment of individuals. Under the International law is the International humanitarian law, which
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The Japanese Government signed the 1929 Geneva Convention; this meant that the Japanese had to treat the prisoners of war with minimum rights and humane treatment. However, the Japanese refused to consent to the conventions terms and when the war arrived the Japanese refused to observe its requirement. By the end of the war, 8,031 Prisoners of War died due to the constant battle with disease, starvation, exhaustion due to work and the brutality of the Japanese. The P.O.W.’s survivors remember the Japanese soldiers as being cruel and indifferent and the cruelty came in many forms from extreme violence and torture to minor acts of physical punishment, humiliation, and neglect. However, many prisoners narrate cases of compassion by the Japanese and even a sense of shared burdens. When World War 2 ended, many of the Japanese guards were prosecuted with war crimes committed against breaches of the Geneva conventions about prisoners and civilians. Australian Prisoners of War that survived wrote statements and testimonies about their treatments in the camps. There were three levels of trails conducted for the war crimes committed by the Japanese. The International Military Tribunal for the Far East prosecuted Twenty-eight high-ranking Japanese officials and
In the Pacific Theatre of World War II, Prisoner-of-war camps were a common occurrence. Japan and the United States had POW camps, but the most infamous were those of the Japanese. Japanese POW camps were governed by the country’s military officials, with no international laws being applied to the system. Prisoner-of-war camps were meant to be a place for enemy soldiers to be abstained from the war efforts on either side. However, POW camps in Japan were geared toward the expansion of the Japanese war effort.
Japan never ratified the 1929 Geneva Convention and therefore used Allied prisoners as slaves. The work was so “dangerous and exhausting that thousands of POWs died on the job” (234). Many POW camps were disguises for slave camps where men were worked to the verge of death from arduous labor. This translated into a wide range of diseases, such as tuberculosis, malaria, and dysentery. Neurological damage was almost ubiquitous, “more than 85 percent of former Pacific POWs…suffered from post-traumatic stress disorder” (346).
17 May 2017. Summary: This article explains in general terms what happened during the Japanese internment camps. It mostly focuses on how the government justified the internment, and how the Japanese died in the camps due to the poor living conditions, along with the children’s living conditions. Evaluation: This article is a good source provided by PBS.
According to the report “Personal Justice Denied” , the decision to unfairly confine these individuals without logical explanation was based solely on ,” race prejudice, war hysteria, and a failure of political leadership.” Although there were no chances that the japanese individuals could pose a threat as traitors or spies inside the camps, the order remained ineffective because no evidence ever suggested that it actually improved
Japanese Brutality In World War II Japanese Prisoner of War (POW) camps are an example of how the majority of people are uneducated about some of the unspeakable horrors that have happened in the world. Many have heard of the notorious World War II (WWII) Holocaust and the terrors that happened in the concentration camps there. Japanese POW camps during WWII were not widely publicized to be barbarous, but former prisoners have said that the camps had a reputation for dehumanizing, brutalizing, and systematically eliminating their captives.
In this book most Japanese prison guards put in all their effort to try and make the POWs' life as terrible as possible. As Hillenbrand states, “everyday, the men were slapped, kicked, beaten, and humiliated”(167). This quote tells us
When learning about and analyzing acts of mass atrocity during World War II, hundreds if not thousands of questions can be asked trying to gain a deeper understanding for their actions. Probably one of the most intriguing thoughts to ponder is what leads individuals and societies as a whole to descend to such a level of cruelty. According to the author of Unbroken, Laura Hillenbrand, one reason may be, “Few societies treasured dignity, and feared humiliation, as did the Japanese, for whom a loss of honor could merit suicide. This is likely one of the reasons why Japanese soldiers in World War II debased their prisoners with such zeal, seeking to take from them that which was most painful and destructive to lose” (189). To elaborate, the Japanese
Unbroken, a novel written by Laura Hillenbrand, outlines the horrors of being captured by Japanese troops during the Second World War. Because of the ethics that the Japanese people had, the Geneva Convention was hardly ever followed, and the captives were rarely ever treated well. The Red Cross was blatantly lied to, meaning that to the outside world, the Japanese Prison Camps were treating their husbands and sons well. On the interior, however, it was apparent that the prisoners had to do whatever it would take to survive. Men stole goods, communicated in many ways, and even had ploys to either kill camp officials, or to even run away.
War is a conflict that has been seen by every human civilization to some extent, and is sure to be seen by those in the future. These hostile situations can be caused by a variety of situations, including land, resources, philosophy, and religion. Though the exact cause and result of each war is different, there are ways to gauge the effectiveness and permissibility of the actions of governments and armed forces during war. This is the premise of Just War Theory. Just War is philosophy of rating a war as ethically just or not, which has three basic requirements along with a scale for comparison.
Rules: With regard to international armed conflicts, the four Geneva Conventions (GC I to IV) and Additional Protocol I and II contain various provisions specifically dealing with both of Prisoners of War, Civilians protection to prevent any kind of violations that may happen toward them. The Forth Geneva convention relative to the Protection of Civilian Persons in Time of War has set rules governing the issue of civilians who found themselves under enemy’s possession. Article 5 of the 4th GC has identified who are protected persons with putting conditions to be considered as protected with the privileges of having the statue of protected persons at article 27 of the same convention. Third Geneva Convention in particular has recognized group of rights with regarded to POWs such as the right to be humanely treated at article 13, correspondence at article 71, the right to gain a sufficient food in quantity and quality at article 26 and the right to not be subjected to torture and question at article 17 where every prisoner of war “when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information” Moreover, the use of weapons and means that have indiscriminate effects such as poisonous gas and bombs which also would aggravate the suffering recognized as prohibited to use due to the amount of damage it causes upon civilians as well as the environment
In the year of 1988, Congress sought forgiveness from the people of Japanese descent and offered $20,000 to each surviving member of the camps for the “ violation of their liberties” (“Japanese-American
On the other hand, Shaw argues that warfare is degenerate in nature. Therefore one can argue that propaganda and the demonization of entire nations during war matched with indiscriminate violence makes acts of war ultimately acts of genocide. This argument is particularly compelling when corresponded with the casualty rates of modern
Why did the Guards Treat the POWs so Badly? POW stands for Prisoner of War and to become a POW, like Louie, he was captured by the Japanese and taken to a POW camp. To be captured, Louie and his team crash landed in the ocean and they drifted to Japanese territory and they were imprisoned by them and taken to a POW camp and then they would torture all of the Prisoners there. “Beatings were almost constant. Men were beaten for virtually anything: folding arms, cleaning their teeth, talking in their sleep, and most often, for not understanding orders issued in Japanese” (149).
Prisoners Without Trial: Japanese Americans in World War II, “ will describe and attempt to explain how and why nearly 120,000 Japanese Americans were taken from their homes in the spring and early summer of 1942 and incarcerated in concentration camps by the United States government” . The Executive Order 9066 made by President Franklin D. Roosevelt, interned
Some other possible sources of enriching the understanding of the ‘comfort women’ case are the transcripts of the trial for both sides in order to not only understand the legal issues involved and the structure embedded in these trials (i.e. the international legal system and the Japanese system of law), and the preserved photos taken of other ‘comfort women’ for further interpretation of the treatments of some other Japanese soldiers towards these