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