The Girard and Kupski cases

Extraterritoriality and jurisdiction in post-Occupation Japan

By William Wetherall

First posted 15 January 2016
Last updated 20 August 2016


Laws and their enforcement Sovereignty, extraterritoriality, and jurisdiction | Nationalism, politics, and journalism | Crime and criminality
Girard case (1957-1958) Dramatis personae | Somagahara geography | Commensal parasitism | Buraku liberation movement | Girard time line | Girard AP cards | John Hersey on Girard case | Melvin Belli on Girard case | Sueyama Haru's personal story | The Girards in America | In memoriam Maebashi v. Girard Particulars | Findings | Summary | Relevant laws | Main text | Reasons | Justices Girard incident humor Kemono | Girard war | Kaku no kasa
Kupski case (1957-1959) Kupski time line | Kupski AP cards | Kupski and Utako | Wescott and Eikawa | In memoriam

Other cases of interest

US Forces Japan
Boone 1956-1959
Brubbs 1953
Butler 1954
Chaney 1954
Dennis and Burns 1954
Grubbs 1954
Gordon 1957
Harvey 1953
Hartman and Morris 1957-1958
Hill and others 1950
Hotalen 1956
Jaramilo and Ray 1954
Maier and Eubanks 1954
Makarenko and Germait 1954-1956
May and others 1955-1956
McCauley 1961
Merideth and Pherigo 1958
Merten 1956-1958
Overton 1953
Pherigo 1956-1958
Ranniger 1954-1955
Sasebo brig guards 1957
Scharber 1954
Staford 1957
Sturdivent and Maehara 1950
Scott and Crews 1954
Seal and others 1954
Shiff and Griffin 1954
Sigourney 1955
US Forces civilians
Carter 1950
Hammer 1955
Rubenstein 1953
Other US civilians
Booth 1957
Buda 1954
Crowley 1958
Japanese civilians
Toyoda 1951
Commonweath Forces
Nicholls 1953-1958
Smith and Stinner 1952
Other UN Forces
Esguterra 1955
Van der Bol and Kelders 1955
US Forces ROC
Reynolds 1956-1957
US Forces ROK
Mills 1957
Ransom 1953-1957
Other US Forces
Gorham 1955

Status of Forces Agreement (SOFA) 1952 SOFA | 1953 "secret agreements" | 1960 SOFA
Military crime statistics Allied Occupation and Korean War | U.S. Forces in Japan, 1952-2010 | Jurisdiction waivers, 1952-2010
Okinawa Ryukyu Islands (U.S. Administration) 1945-1972 | Okinawa prefecture (Japan) 1972 to present


Laws and their enforcement

Military societies

Militaries are societies unto themselves. While they operate within other societies, they provide their members with forms of material and social support that may be lacking in the larger society. They also have their own legal institutions, including their own codes of behavior, and courts and sometimes prisons.

Most crimes involving violence are committed by younger people and males. Since most military personnel are male, and are generally younger, one would expect higher rates of homicide and rapes in neighborhoods that host military bases. This is not usually the case, however, since military societies are likely to provide education and employment opportunities, and forms of welfare and discipline that are lacking in many crime-ridden communities, which tend to be impoverished, insecure, and disorderly.

Occupationally, militaries draw upon all vocations, from barbers and cooks and doctors and mechanics, to chaplains and historians. Organizationally, however, a military is a killing machine. Military personnel engaged in "peaceful" vocations within the military, including medical support, indirectly contribute to the violence that takes place on battlefields and in sea and air assaults on military and civilian targets.

Personal as opposed to duty-related acts

This does not mean that soldiers are predisposed to "crime" as I am using the term here -- not in the sense of "war crimes" whether or not committed in the name of the state -- but in the sense of ordinary crimes committed as individuals against other individuals -- acts committed on or off duty, which are not related to the performance of duty.

The "crimes" committed by military personnel -- other than offenses peculiar to the military, such as AWOL or desertion -- are of the usual "human" kind -- theft, robbery, battery, rape, and murder, among other acts that all societies proscribe, punish, and attempt to prevent in different ways.

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Sovereignty, extraterritoriality, and jurisdiction

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Nationalism and politics

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Crime and criminality

If there were no crime, what would people who hate crime but love crime fiction do for entertainment? A crimeless human society, however, is an oxymoron. Not only is to err to be human, but to be human is to be capable of intentionally or unwittingly violating codes of behavior, from not properly dressing, to committing multiple murders.

Just as customs and laws vary from society to society, different societies have different patterns of crimes, in which some crimes are more common than others. The means of committing the same kind of crime, such as homicide, will also vary from population to population, depending on what sort of weapons are available. The range of possible motives, though, are the same everywhere.

Some societies have more categorical crimes than others, but all appear to have what I would call a "normal pathology" that characterizes its particularly variety of criminalized anti-social human nature. Higher "usual" or "typical" or "normal" homicide rates in the United States generally and in certain U.S. cities in particular, compared to Japan, reflect differences in local social conditions that give rise to the incidence rates. Changing the rates require changing political, economic, and cultural conditions.

A "crime" is an act that a society defines as an offense against its statute and customary laws, regulations, rules, or customs.

"Criminality" is a measure of the amount of crime committed by a given population -- nationality, age group, sex, race, whatever.

Military forces are composed mainly of young males. They are trained and disciplined differently than civilians, and live under different conditions. When deployed to other countries, they live in those countries as foreign military personnel, not as foreign residents. When off duty and off base, they become just young males in a foreign land. Some will visit museums and historical sites. Others will head for the bars and cabarets.

On or off duty, military personnel, like other people, may become involved in an accident caused by their carelessness or negligence. The car they are driving may hit a fence or pedestrian.

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Japan v. William S. Girard, 1957-1958

The "Girard Incident" (Jiraado jiken ジラード事件) as it became known in Japan occurred on 30 January 1957, when Specialst 3rd Class William S. Girard (ウィリアム'S'ジラード 1935-1999), age 21, shot toward and killed Sakai Nakako (坂井奈加子なか), aka Sakai Naka, age 46, a housewife and mother of 6, who had been gathering spent shells to sell for scrap, at Sōmagahara Firing Range, aka Camp Weir, in Gunma prefecture, where Girard was participating in a firing exercise. The killing fed an anti-base movement that had begun during the Occupation of Japan but could not then be expressed on account of restrictions on criticism of the Allied Authorities. The end of the Occupation on 28 April 1952 unleashed the dogs of anti-base sentiments in the press and on the streets. The Korean War, which had started in June 1950, was still raging, and the base problem was exacerabted by the rebuilding of American military forces in Japan and the support provided in Japan for the military forces of other countries that had joined the United Nations alliance in the defense of the Republic of Korea. Leftists viewed the manner in which some factories and other facilities in Japan were logistically supporting the UN Forces as capitalist exploitation. The public was divided between people who welcomed the economic stimulation of the war if not also RESUME its protection of ROK as a non-ccommunismor thethe was strongly opposed by leftists who especially by radical activists, but fueled objection, especially among radical activists, to the presence of foreign military bases and personnel in Japan, and the bases to the bases and the cradical groups, some of which engaged in sabotage.the buildup up United Nations forces, , when the Korean War was still going on. The demobilization following the war could not be fast enough for the many Japanese who were opposed to the U.S.-Japan Mutual Security Treaty and the Status of Forces Agreement (SOFA) that gave America's military presence in Japan virtual extraterritorial privileges.

There were two legal issues. One was whether the shooting was murder or manslaughter. But before this issue could be resolved, the other issue -- as to whether, under SOFA, the U.S. Army or Japan had jurisdiction.

Girard claimed the shooting -- not with a bullet but with a cartrige fired by a grenade lanucher mounted on an M-1 rifle -- was an accident which had occurred while he was on duty. Japanese public opinion contended that he had shot Sakai during a break in the exercise and that he had acted maliciously.

There was a common perception in Japan -- and this perception continues today everytime a sensational crime is reported involving U.S. Navy personnel in Yokosuka or U.S. Marines in Okinawa -- that Japanese victims of crimes committed by U.S. military personnel in Japan could not expect to get justice in a U.S. military court. At the time of the Girard case, Japan's press had reported a crime committed by a U.S. soldier in Taipei, on Taiwan, in the Republic of China, in which a miltary court had found the soldier not guilty. And so the U.S. government was between a rock and a hard place if it wanted to assure the people of Japan that it respected Japan's rights to try U.S. military personnel who commit crimes under Japanese law to stand trial in a Japanese court.

The U.S. government decided that, apart from whether Girard was on duty, his action had not been authorized, hence he should stand trial in a Japanese court. Girard's family attorneys in the United States, however, filed a writ of habeus corpus a federal court court against Secretary of State John Foster Dulles on 18 June 1957. The court ruled that to transfer Girard, then in U.S. custody, to Japanese custody would violate his rights under the U.S. Constitution.

However, the U.S. government thought differently. Secretary of Defense Charles E. Wilson took up the jurisdictional issue with the Supreme Court in what is known as Wilson v. Girard. The issue was argued on 8 July and decided on 11 July -- less than one month after the habeus corpus was filed. The Supreme Court ruled in favor of Wilson, thus upholding the U.S. government's position that, under the circumstances of the case as the government understood them, Girard should stand trial in a Japanese court. (U.S. Supreme Court, Wilson v. Girard, 354 U.S. 524 (1957), No. 1103). Some congressmen and military officials objected to the government's position and the Supreme Court's decision to let Girard be tried in a U.S. miltary court, and some criticism was also directed aginst President Dwight D. Eisenhower.

The U.S. Army in Japan transfered Girard to the custody of Japanese police in Gunma prefecture and his trial was conducted in the Maebashi District Court in August and September 1957. The court found him guilty of inflicting bodily harm, and sentenced him to a 3-year prison term suspended for 4 years.

The case attracted even more attention when a Japanese woman married Girard during the trial, then accompanied him back to the United States.

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Dramatis personae in Girard case

William Sylvester Girard (William S. Girard, aka "Bill" and "Biru") -- Specialist 3rd Class (Specialist 3/C, Spec 3, S3C) Sueyama Haru (Haru Sueyama, Haru Girard, aka "Candy") Dorothy Girard -- William Girard's mothe Journalists Kenneth Ishii (FCCJ president, Ken Ishii International Herald Tribune July 1983 - Jun 1984) [followed Karel van Wolferen NRC-Handelsblad July 1982 - Jun 1983] Ray Falk (WNS, NANA) Fred Saito PMS writer Jay Axelbank INS writer Frank Scolinos Father: Harry Scolinos Mother: Violet Vlandis Frank Scolinos in the U.S., Social Security Death Index, 1935-2014 Name: Frank Scolinos SSN: 560-14-2643 BORN: 7 Jul 1912 Last Benefit: 713, (U.S. Consulate) Tokyo, Japan Died: Oct 1976 State (Year) SSN issued: California (Before 1951) Frank H Scolinos in the California, Death Index, 1940-1997 Name: Frank H Scolinos Gender: Male Birth Date: 7 Jul 1912 Birth Place: California Death Date: 14 Oct 1976 Death Place: Los Angeles Frank H Scolinos in the U.S. World War II Army Enlistment Records, 1938-1946 Name: Frank H Scolinos Birth Year: 1912 Race: White, citizen (White) Nativity State or Country: California State of Residence: California County or City: Los Angeles Enlistment Date: 4 Sep 1942 Enlistment State: California Enlistment City: Los Angeles Branch: Branch Immaterial - Warrant Officers, USA Branch Code: Branch Immaterial - Warrant Officers, USA Grade: Private Grade Code: Private Term of Enlistment: Enlistment for the duration of the War or other emergency, plus six months, subject to the discretion of the President or otherwise according to law Component: Selectees (Enlisted Men) Source: Civil Life Education: 4 years of college Civil Occupation: Paymasters, payroll clerks, and timekeepers Marital Status: Single, without dependents Height: 69 Weight: 220 Frank Scolinos Burial: Yokohama Foreign General Cemetery Yokohama Kanagawa, Japan Plot: Section #12 Mr. and Mrs. Frank Scolinos, of Tokyo, related many experiences during the Tojo trials at which he was an attorney. Frank is one of the few non-Orientals who practices law in Japan. The Scolinos came to the States to attend the Aheppa national convention at Biltmore Hotel in Los Angeles. (Aheppa is a Greek society). Melvin Belli -- San Francisco, California attorney Hayashi Itsuro -- Girard's Japanese attorney of record Major Stanley F. Levin -- Girard's personal U.S. Army legal advisor Brigidar General Charles L. Decker, U.S. Army assistant judge advocate genral Sakai Naka -- scap metal collector, victim of Girard shooting Sakai Akichi -- Naka's husband Sakai Chikao -- Oldest son Sakai Kayako -- Daughter (19) Sakai Yuri -- Daughter (4) Venues Camp Weir -- Somagahara, Gunma prefecture Camp Whittington Camp Drew -- Koizumi, Gunma Prefecture Camp Weir, Shinto, Gunma Camp Whittington, Kumagaya, Saitama Camp Drake, Asaka, Saitama Camp Drew, Oizumi, Gunma Maebashi District Court judges Kawachi Yuzo (chief judge) Saikawa Teizo Hirata Takashi Onozeki Hidetsugu (31) -- Witness to shooting, testified and demonstrated as to how Girard fired his rifle from the waist Joseph C. McGarraghy, U.S. District Court Judge, ruled against Japanese jurisdiction, and the U.S. government appealed the decision to the Supreme Court, which ruled that permitting Japanese jurisdiction did not violet the U.S. Constitution regarding Girard's rights under U.S. law, and recognized that under international law Japan, as a sovereign state, had the right to try anyone who violated its laws within its territory.

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Somagahara geography

Shortly after the Girard incident two east-west neighboring ōaza (大字) areas were merged into Minowa (箕輪) and Momo-no-i (桜井) Japan's villages and towns have constantly been changing their borders as existing entities are partly or entirely merged into other entities. Some entities are divided between two other entities. The larger entities may carry on the name of one of the older entities or be renamed. Practically all of the thousands of villages that existed at the beginning of the Meiji era have been absorbed into towns, and many towns have become cities. The historical village names may or may not survive as the names of neighborhoods in today's towns and cities. Prefectural borders have also sometimes shifted as a result of territorial reorganization.

Gunma prefecture's cities -- including its largest cities, Maebashi (the prefectural seat) and Takasaki (the more important railway and highway junction in the prefecture) -- sprawl as they do today as the result of absorbing numerous surrounding towns and villages in mergers since the prefectures were created at the beginning of the Meiji era.

At the time Girard shot Sakai, Sōmagahara (相馬原、相馬ヶ原) was in the jurisdiction of Sōma-mura (相馬村). Two months later, the village split into two parts that were merged with neighboring entities. One of the new entities, Misato-machi (箕郷町), is now a part of Takasaki city (高崎市). The other is not Shintō-mura (榛東村), the home of Camp Sōmagahara (Sōmagahara Chūtonchi 相馬原駐屯地) of Japanese Ground Self-Defense Forces (JGSDF Rikujō Jieitai 陸上自衛隊). The camp originated in 1941 as an Imperial Army reserve officer training facility. During the Allied Occupation from 1945-1952, the U.S. Army took over Imperial Army facility and renamed it Camp Weir. The month the Occupation ended, newly formed Japanese military units that later became the Self-Defense Forces established training facilities in the area, while under the terms of the mutual-security treaty that came into effect when the Allied Occupation ended, the U.S. Army continued to conduct infantry maneuver drills at Camp Weir. In September 1958, the U.S. Army, which had been in the process of reducing its strength in Japan when the Girard incident occurred, withdrew from the camp as part of its continuing demobilization program. Since then, the Sōmagahara grounds have been utilized by the Self-Defense Forces, which have built a number of new facilities in the area.

Sōma-mura was situated in the barren foothills of the southern slopes of Mt. Haruna (榛名山), a volcanic mountain in the middle of Gunma prefectures. The Haruna area is home to the Ikaho (伊香保) hotsprings resort. Many people in Gunma and surrounding prefectures visit the hotsprings at least once in their lives. My own now deceased former parents-in-law occasionally entertained guests there, including my parents. In the 1970s, when I was in the area as a passenger in a car or a bus, I was aware of the Girard incident but was not familiar with its geography. I made the round trip to Maebashi from somewhere in residences in Saitama, Tokyo, or Chiba prefecture, on the Takasaki line, which stops at Kagohara station near where Haru lived, about 50 times, without thinking of the Girard case.

Sōma-mura (相馬村) originated on 1 April 1889 as merger of two villages, Hirobaba-mura (広馬場村) and Kashiwagizawa-mura (柏木沢村), and was affiliated with Nishi Gunma-gun (西群馬郡) [West Gunma county]. On 1 April 1896, Nishi Gunma-gun and Kataoka-gun (片岡郡) merged as just Gunma-gun (群馬郡).

At the time time Girard shot Sakai, Sōma-mura still existed as part of Gunma-gun. But on 30 March 1957, two months after the shooting, for reasons unrelated to the shooting, as part of general local government reorganization plan that affected municipalities throughout Japan, Sōma-mura was broken up into its original components, each of which was merged with neighboring municipalities into new administrative entities. Ōaza Hirobaba and Ōaza Kashiwagizawa, as the former villages had been called as parts of Sōma-mura, became parts of respectively Momonoi-mura (桃井村) in a newly created Kita Gunma-gun (北群馬郡), and Misato-machi (箕郷町) in Gunma-gun.>/p>

More specifically, on 1 April 1955 -- the start of the fiscal year for most organizations in Japan -- Minowa-machi (箕輪町) and Kurumasato-mura (車郷村) merged into a new entity called Misato-machi (箕郷町). On 30 March 1957, two months after Girard shot Sakai at Somagahara, the Ōaza Kawshiwagizawa (大字柏木沢) of Sōma village was was integrated into Misato-machi. Two days later, on 1 April 1957, Misato-machi absorbed part of Kamisato-mura (上郊村).

Also on 30 March 195O, the Ūaza Hirobaba (大字広馬場) part of Sōma-mura was merged into Momonoi-mura (桃井村). And on 1 August 1959, the village was renamed Shintō-mura. Shintō-mura remains one of the few entities in Gunma prefecture that survives as a village. It is situated in the westernmost part of Nishi [West] Gunma county (西群馬郡), on the eastern foothills of Mt. Haruna.

Misato-machi's border with Takasaki city (高崎市) was adjusted on 1 October 1989, and its border with Shintō-mura (榛東村) was adjusted on 1 July 1995. And on 23 January 2006, Misato-machi was absorbed by Takasaki, which sprawls to the south west and west of Maebashi.

The Minowa and Misato continue to exist as place names in the northeast reaches of Takasaki, just to the west of Shintō-mura (see below), which is about 10 kilometers northwest of the heart of Maebashi.

My awareness of So 群馬郡相馬村 (1957年3月30日)分割し、群馬郡桃井村新設・箕郷町に編入のため 群馬郡(旧)桃井村 (1957年3月30日)群馬郡桃井村新設のため 昭和32年3月30日 相馬村の一部を編入合併 昭和32年4月1日 上郊村の一部を編入合併 平成18年1月23日 高崎市へ編入合併 昭和32年3月30日 相馬村大字広馬場と新設合併して桃井村となる 昭和34年8月1日 改称して榛東村となる

Camp Weir and related US Army bases

Sōmagahara is situated in the foothills of Mt. Haruna northwest of the city of Maebashi, the capital of Gunma prefecture, where in 1957 Girard was tried in a district court. An Imperial Army training facility was established in the area in 1941, shortly before the start of the Pacific War. In 1945, after World War II, and during and after the 1950-1953 Korean War, the U.S. Army, calling the facility Camp Weir, used it for infantry maneuvering drills with live artillery, machine-gun, and rifle fire.

In August 1950, after the start of the Korean war, the Occupation government created the National Police Reserve (Keisatsu Yobitai 警察予備隊) as a contingency against the need to protect Japan if the war came to Japan, since the bulk of U.S. forces in Japan had been sent to the peninsula. On 28 April 1952, the Allied Occupation of Japan ended, but the U.S. Army continued to use Camp Weir under the terms of the U.S.-Japan Mutual Security Treaty, which came into effect on the same day. By then, the National Police Reserve was garrisoning and training tank units at its own Sōmagahara facilities.

The government's appropriation of land to expand Sōmagahara met with strong resistance from local people, who in July 1952, with considerable support from proletarian organizations, staged protests that are known as the Sōmagahara Garrison Incident (Sōmagahara Chūtonchi Jiken 相馬ヶ原駐屯地事件) or just the Sōmagahara Incident. In October 1952, the National Safety Force were renamed the National Safety Force (Hoantai 保安隊), and in July 1954 these forces were reorganized as today's Self-Defense Force (Jieitai 自衛隊).

The former Camp Weir, as home to the 12th Brigade (Dai-12 Ryodantai 第12旅団対) of the Japan Ground Self-Defense Force (Rikujō Jieitai 陸上自衛隊), is called Sōgahara Chūtonchi (相馬ヶ原駐屯地事件) or Camp Soumagahara. The camp includes a 500-meter runway and other facilities to accommodate its air assault helicopter squadrons. It is one of 6 JGSDF brigades, and as part of the Eastern Army, it is responsible for the defense Gunma, Nagano, Niigata, and Tochigi prefectures (see map below). Some of its units are stationed in these prefectures. The camp dominates Shintō-mura (榛東村), one of the last Gunma-prefecture villages that has not been integrated into a town or city, most likely because of its special utilization as a military facility.

In 1958, the year after the Girard incident, in part of a general demobilization plan that had begun before the incident, the U.S. Army, which after 1952 had

As a U.S. Army facility, Camp Weir was used by a number of nearby U.S. military bases, including Camp Drew near the town of Koizumi (Koizumi-machi 小泉町) by Ōta city (Ōta-shi 太田市) in southeast Gunma. Camp Drew became a weapons repair depot and was also home to a general hospital during the Korean War.

Girard was a member of Company F of the 8th Cavalry Regiment, which was garrisoned at Camp Whittington near the city of Kumagaya in northeast Saitama prefecture, immediately south of the Koizumi-Ōta area of Gunma prefecture, across the Tone river, which separates the prefectures.

Another base that made use of the Sōmagahara facility was Camp Drake, by the town of Asaka, now a city, in Saitama prefecture to the east of Tokorozawa. During the Occupation of Japan, the Asaka camp was home to several U.S. 8th Army units, including the 1st Cavalry Division, the first such military unit to enter Tokyo in September 1945.

1st Cavalry Division

The 1st Cavalry Division had been stationed at Drake when sent to its fate in Korea in July 1950, one month into the conflict that is now called a war. The division was rotated to Hokkaido in December 1951, but in 1954 its component units were dispersed to various camps in northern Honshu.

By 1956, the division's headquarters had returned to Camp Drake, but most of its units were assigned to other camps in the Tokyo area. The 8th Cavalry Regiment was garrisoned at Camp Whittington. By the end of 1957, pursuant to a treaty in which the United States agreed to remove all ground forces from Japan, the division was grouped with other 8th Army units in Korea, leaving only a communication facility at Drake.

Girard was affiliated with the 8th Cavalry Regiment of the 1st Cavalry division. This regiment, the first unit of the division to see action in Korea, was rumored, apparently falsely, to have lost its flag when overrun and severely battered by superior Chinese forces at Unsan in Korea in November 1950.

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Commensal parasitism

The relationship between Camp Weir and local residents was that of a host and a parasite or pest. The Local people were flies and mosquitoes or crows to soldiers who tried to shoo them away but, unable to eradicate them or scare them off, learned to live with them. Trespassing was so common that, for practical reasons, it had to be accommodated with a certain tolerance, even when it interfered with on-going exercises -- as on the day of the Girard incident.

The Imperial Army had commandeered the land first stretch of land that would become the Somagahara firing range in 1910 and developed it as a reserve officer training facility in 1920. The grounds were periodically expanded into the early 1940s, at the expense of encroaching on land that local people either farmed or used for producing the grasses they need to weave sacks they sold to supplement their farm incomes.

The U.S. Army occupied the Somagahara facility in 1945 and commandered it as a U.S. Army training camp in 1946. The U.S. Army expanded the size of the facility by requisitioning land. Occupants were ordered to leave, and the camp was declared off limits. This created friction with the local people whose liveilhoods depended on access to the land they had lost.

In August 1950, shortly after the start of the Korean War in June, the Allied Powers, facing the prospects of being unable to defend Occupied Japan because so many U.S. Forces and other Allied Occupation Forces units had been sent to the peninsula, authorized the organization of Japanese reserve police units, which were essentially military forces, and helped train them in the use of American weapons. The Occupation ended on 28 April 1952, and by June some Chosenese in Japan who supported the Democratic People's Republic of Chōsen ("North Korea") had organized an "Ancestorland (Fatherland) Defense Corps" to agitate against the deployment from Japan of U.S. and other United Nations troops to support the Republic of Korea ("South Korea") against the northern regime, which had started the war by invading the south.

Some leftists, including some pro-North Chosenese, had sabotaged some Japanese factories that were producing war materiel, and several had been arrested, convicted, and imprisoned. However, when the Occupation ended, U.S. and other foreign military bases became fair game for criticism and protest, which had been strictly forbidden by the Occupation Authorities. And people, not only radicals, came out of the woodwork to express their disenchantment with the U.S.-Japan security treaty, U.S. military bases, and and Japan's logistical support of the Korean War. There were even rumors that Japanese troops might be sent to the peninsula.

The anti-Communist Yomiuri shinbun had reported as early as 30 March 1952, 4 weeks before the Occupation formally ended, that pro-North Chosenese in Japan were organizing 20,000 people into "terrorist groups" (tero-dan テロ團) to disrupt Japan's support of United Nations Forces in the war on the peninsula. And in June 1957, one of these groups began distributing "agitation bills" (handbills calling for agitation) in Gunma prefecture and infiltrating Sōmagahara.

On 12 July 1952, hearing that some Chosenese were headed for Sōmagahara armed with bamboo staves, police intercepted them and arrested the participants for illegal possession of "fire bottles" (kaenbin 火炎瓶) [gasoline bombs, Molotov cocktails] and sulfuric acid (ryūsan 硫酸). On 29 July, discovering a mountain hut from which the protestors were planning to blow up some of the Sōmagahara facilities, police invaded the hideout and arrested 5 more members of the group.

These events of July 1952 are known as the "Sōmagahara chūtonchi jiken" (相馬ヶ原駐屯地事件) or "Sōmagahara garrison incident".

A report in the 3 March 1957 issue of the weekly Shū:kan Yomiuri (pages 18-23), which came out a few weeks after the Girard shooting at Sōmagahara, said that the maneuvering grounds had once been smaller and the Imperial Army had strictly enforced the no-tresspassing orders. The the Imperial Army had permitted local people to enter the grounds on Sundays, when there were no training exercises, and gather whatever metal casings or fragments they could find. As Imperial Army soldiers generally retrived the brass casings of expended rifle, machinegun, and artillery shells, the metal collectors had to be content with projectile fragments, which didn't bring them as much money.

In the U.S. army, picking up brass shell casings is called "policing brass". The policing might be merely to clean up shells on a firing range, or it could be related to ammuniation control. At a training camp, ammunition is usually accountable, so if the armory issues a soldier 100 rounds of rifle ammunition, and the soldier returns 50 unfired rounds with 30 empty cartriges, the soldier may have to explain the missing 20 rounds. When I was an orderly with an ambulance company in the U.S. Army in 1964, I remember digging a trench for a latrine during a mass casualty field exercise, and finding several clips of live ammunition of a kind that was used during World War II and the Korean War. The supply sergeant told me to rebury it, as disposing of it in the authorized way would require paperwork. The impractical idealist that I was at the time, I argued that to rebury it would constitute a safety hazard. The company commander told the sergeant to recover it, then told me that if I found any more to leave it be because it was harmless.

Soldiers "police" cigarette butts or other forms of litter or garbage. "Police the barracks" means cleaning them, as by picking and straightening things up. "Kitchen police" is the duty lower ranking soldiers pull in the kitchen, which generally involves lots of scrubbing and cleaning. "Thought police" reflects both the "control" and "clean up" senses of the word "police".

Practically all US military bases in Japan were established on former Japanese military bases which had established various kinds of relationships with local residents. The bases could have been factories or buisinesses of some kinds. A textile factory employment mostly young unmarried women would establish one kind of relationship with the surrounding community. A military base garrisoning mainly young unattached men another kind. A base of foreign troops would present its own "problems" and "opportunities" for neighboring localities.

When the Occupation Forces came -- mostly American and British Commonweath troops -- local people had to adapt to a new host RESUME in what had become a symbiotic you-can-screw-me, but I-get-to-screw-you-too relationship. From another point of view, of course, the military forces were the parasites on the communities whose land had been been requisitioned for military use.

The above Shūkan Yomiuri article states that the U.S. Army had expanded the perimeter of the Sōmagahara grounds, in the southern foothills of Mt. Haruna, by about 20 kilometers, into terrain that on the whole was barren and did not include farmland. The larger grounds were not as easily patrolled, and the enforcement of non-tresspassing rules were not as strictly enforced.

Scavengers had pretty much a free run of the grounds. They came with burlap gunny sacks (asabukuro アサ袋、麻袋), or woven baskets called "zama" (ザマ) which were carried on the back. Some even brought "semitoribukuro" (セミトリ袋), which were made of netting to hold cicadas or other singing insects.

Some would put a bottle of whiskey in a bag then poll the bag to a soldier during a firing exercise. The soldier would pocket the whiskey and fill the bag with shell casings (yakkyō 薬キョウ、薬莢). Some would even crawl close to a firing machine gun and scramble for the hot shells as they flew from the chamber.

Some days there would be as many as 300 to 400 "shell pickers" (tamahiroi タマ拾い、弾拾い) on the grounds. The scrap recyclers (shikiriya 仕切屋) would come on motorbikes or in Datsuns, and bread vendors (pan'ya パン屋) and others would come to sell food and beverages, "so preposterous (gongo dōdan 言語道断) had the situation become -- nonsense (detarame-sa デタラメさ) that was unthinkable at the time of the Imperial Army." (Ibid.)

The magazine cites Sakai Akichi, the victim's husband, as saying this (ibid, page 19; my transcription and translation).

"It's not only people who go because they couldn't eat if they didn't. Even someone in one of the wealthier families in the village, who had worked as the deputy mayor, [picks up shells], and some young men who were just playing around doing nothing, and when hearing that shell gathering is profitable, suddenly everyone starts going. They play with the money they make shell gathering."

In July 2016, a man commenting on Mark Schreiber's article "Death by Firing Range" in the Number 1 Shimbun (August 2016), on the Girard incident, shared the following anecdote with the author (27 July 2016 email from Schreiber).

When I first went to Korea in the late 70's there were still shell-pickers. I was shocked to see [a] little guy leap out of a spiderhole and yank a still smoking TOW [Tube‐launched, Optically‐tracked, Wire‐guided] missile out of a berm, throw it over his shoulder, and scamper up a hill to disappear into the distance. Then the guys walking beside my moving, firing tank, picking up red hot machinegun brass . . . tough way to make a living.

in the bag.brass empties in the bag.in return for brass empties., who took out the

into the grounds to collect metal, and hemp sacks

Socioparisitology

Few socioparisitologists -- and I may be the only one, since this may be the first time this word has been used -- would cite the relationship between a military base and the surrounding community as an example of mutualism -- in which both host and parasite not only benefit from each others existence, but need each other in order for either to survive. In a mutualistic relationship, both parties are opportunistic, but neither is essential to the existence of the other.

To the extent that military bases feed on the civilian populations of nearby towns, the relationship between a base and the a base town is parasitic. But while the town (host) may suffer from the presence of the base (parasite), the base also contributes to the survival of the town's civilian hosts, in that it provides employment for civilians and trade for local businesses, including the sex industry.

The relationship between a military base and a base town is therefore commensal, meaning that it is outwardly beneficial to both host and parasite. In the long run, though, the relationship it will probably harm the host in ways not readily evident on a day-by-day, transaction-by-transaction basis.

In addition to the dangers and noise from aircraft and firing drills, local people will suffer casualties if the military base is targeted during a war. Towns that become economically dependent on a base, which is usually the case when the town has grown with the establishment and expansion of the base, will suffer if the base is significantly reduced in size or closed.

Japanese critics of American military bases also worry about the presence of large numbers of young males in want of female companionship. Bases attract "camp followers" to the town, and the ways in which soldiers and their girlfriends carry on in public morally corrupt the outlook and behavior of the children who live around the entertainment strips or have to walk by them on the way to school.

The commensalism evident in such host-parasite relationships are still seen today around American bases in Japan. In Okinawa, especially, public opinion toward local US military bases is divided among those who want the bases to go -- now -- and those who recognize the inbred economic dependency on the continued presence of the bases.

Sudden closure of a military base imposes severe hardships on many individuals and families. Slower phasing out would also force a number of people to change their present lives. Socially, people easily get used to the way they live. Politically, people are not easily persuaded to give up a predictable present for an uncertain future.

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Buraku liberation movement

The most thoroughly documented report on the "buraku liberation movement" in Gunma prefecture, centering on the Somagahara Incident of 1955, which became closely linked to the Girard Incident of 1957, was Narisawa Eijū (成澤榮壽 b1937). Narisawa specializes in Japanese history and buraku problems, and history and dōwa education, as a leading member of the Buraku Mondai Kenkyūjo (部落問題研究所), the research arm of what was then called All Japan [National] Federation of Buraku Liberation Movements (全国部落解放運動連合会 Zenkoku Buraku Kaiho Undo RengokaiZenkoku Buraku Kaihō Undō Rengō Kai), or Zenkairen (全解運) for short. t of and buraku and dōwa education.I had the privilege of being contacted by Narisawa in connection with my writing on censorship provoked by Buraku Kaihō Dōmei.

Ko takes her terminology from buraku liberation movement literature published after World War II, at the height of the postwar rebirth of hardcore proletarian radicalism, which had developed from the late 1910s and early 1920s, but had been suppressed by the late 1930s and early 1940s. The postwar movement divided into two major factions in the 1970s when communists within the socialist-dominated Buraku Liberation League (BLL) were purged and formed their own organization, National Federation of Buraku Liberation Movements (Zenkairen).

By the 1990s, Zenkairen was declaring an "end to buraku history". It was no longer appropriate to speak of "buraku" much less of their need for "liberation". In 2004, it took "buraku liberation" out of its own name in preference for National Confederation of Community Human Rights Movements (Zenjinren). From its viewpoint, only communities still under the BLL's spell need liberation, from BLL's ideology and domination. Dissenters form Zenkairen

In 1970, dissenters set up the All Japan Liaison Council to Normalize the Buraku Liberation League [Buraku Kaiho Domei Seijoka Zenkoku Renraku Kyogi Kai] to organize their opposition to BLL's main faction. The council became the All Japan Federation of Buraku Liberation Movements [Zenkoku Buraku Kaiho Undo Rengokai] (Zenkairen) in 1976. And in 2004, deciding to put its organizational name where its ideological mouth was, BLL's nemesis restyled itself as the National Confederation of Community Human Rights Movements [Zenkoku Chiiki Jinken Undo Sorengo] (Zenjinren) in 2004.

Zenkairen versus BLL

BLL was supported by the Japan Socialist Party (JSP), and Zenkairen was backed by the Japan Communist Party (JCP). Zenkairen (Zenjinren) endeavored to expose BLL's tactics and vested interests. Though its arguments have sometimes been insufferably doctrinaire and self-righteous, its voice has been one reason BLL has failed to get the government to enact a Fundamental Law for Buraku Liberation [Buraku kaiho kihon ho] and pass a new dowa measures law.

For what it's worth -- 100,000 is a fairly standard honoraium for a guest speaker. I myself received this much for presenting a paper on censorship of buraku-related passages in English and Japanese publications at the 42nd National Buraku Problems Summer Seminar held at Kyoto Hall on 29 July 1993 by Buraku Problems Research Institute (部落問題研究所 Buraku Mondai Kenkyūjo), the research arm of BLL's arch rival, the All Japan [National] Federation of Buraku Liberation Movements (全国部落解放運動連合会 Zenkoku Buraku Kaiho Undo RengokaiZenkoku Buraku Kaihō Undō Rengō Kai), or Zenkairen (全解運) for short. The paper was published both in BPRI's journal Buraku (部落), and in Narusawa Eiji's book on freedom of expression and the buraku problem, which was also published by BPRI. See Narusawa 1993 on this page for particulars Narusawa's book, and The eradication of the buraku problem in Japanese translations: Errors and lack of awareness not as frightening as censorship for the full text of the paper, which was published and orally presented only in Japanese. Disclosure   The stage at the hall was huge and set back quite a distance from the audience, which was huge, barely illuminated, and just a dark blue of faces to me, standing beind a podium with a fixed mike. The audience response was mixed. A couple of people out of ten or so liked what I said. A couple complained that I didn't use any visuals (I never do). And one said my Japanese was terrible and difficult to follow (sometimes it is)

部落問題研究所 (編)
戦後部落解放運動の研究
第七巻
京都市:部落問題研究所出版部、1979年
511ページ、函

Buraku Mondai Kenkyujo (Hen)
[Burarku Problem Research Institute (Editor)
Sengo buraku kaihō undō no kenkyū
[Research on postwar buraku liberation movement]
Dai-7-kan
[Volume 7]
Kyoto: Buraku Mondai Kenkyūjo Shuppanbu, 1979-nen
[Buraku Problems Research Institute Publishing Division, 1979]
511 pages, slipcase

This volume includes the following seminal article by

Pages 226-231 Yamamoto (page 49, note 6)

III 戦後部落解放運動史 成沢栄寿 群馬県戦後部落解放運動史 二 相馬ケ原事件の背景と闘争 Narisawa Eijō Gunma-ken sengo buraku kaihō undō shi [Gunma prefecture postwar buraku liberation movement history] Pages 213-242 2 Sōmagahara jiken no haikei to tōsō [2. Background and struggle of Sōmagahara incident] > I heard from Bill Brooks that the woman shot by Girard was a Dowa. If it's > true, I wonder if I should track down the Buraku Domei people and go over > for a chitchat. That Sakai Nakako's family may have been part of a local population identified by some as descendants of former outcastes has been well-known. But let me make a couple of comments here. Rumor mongers at the time would not have said "dowa" anything. The word was being used by a few some people promoting "dowa kyoiku" but it was not a Buraku Kaiho Domei term and the media certainly were not using it the way it is now. Many contemporary writers spoke of "tokushu buraku" (as the prewar Suiheisha and its postwar restart did), but Kaido pushed "hisabetsu buraku" and "mikaiho buraku" terminology. Kaido then aggressively suppressed the use of "tokushu buraku" hence so many "denunciation" (糾弾) actions centering on this expression. "Dowa chiiki" came into use in the 1960s and 1970s in relationship to national and local government redevelopment projects in the name of the law that used this term. "Dowa chiiki" was used to avoid ideological Kaido labels. Kaido, or more accurately its Suiheisha predecessor, had set up branches in a number of localities in the Kanto area, including Gunma prefecture. Postwar Kaido jumped at every possible opportunity to flaunt its then mixed socialist/communist pressure tactics. Communists were later purged from the ranks and the more radical socialist elements that remained are responsible for the more forceful tactics that came to give "buraku" a "kowai" image. Basically, though, the "buraku mondai" aspects of the story have no bearing on the legal or political issues of the Girard case. They quality only as "back story" material for stories by a number of reporters. Hersey flogged the "buraku connections" to death without really getting into the true nature of the beast. I first heard about the Girard case in 1967, not in relation to U.S-Japan issues, but in relation to buraku issues. That was the year "Japan's Invisible Race" was published. I was just starting my studies with De Vos when the book came out. I marked my own copy with corrections. I later met Wagatsuma, who made all the introductions I needed to pursue the nationality case. Wagatsuma also left me all his (and another researcher's) collection of konketsuji materials. I met Karel in De Vos's office in 1969. Karel would later do some photographs for the book Wagatsuma and De Vos later published about families in Adachi ward. Anyway, I told you about Hersey's New Yorker article, put uploaded only images of the cover in Dropbox because I couldn't download the content, or at least not to my satisfaction. Actually, only the first 4 pages of the 19 pages downloaded clearly. I teased image files of the other pages out of the website, but the other images were of a different quality. None of them displayed properly in any of my image viewers. So I uploaded each to a photo editor and simply re-saved the file, and the 15 corrupted files (of the 19 files) are now "readable" though not as clearly or as comfortably as the first 4 pages. If you have an aversion to reading blown up jpg files on your monitor, you may be able to print them from The New Yorker's website. http://www.newyorker.com/magazine/1957/12/07/a-game-on-a-hill Ignore what the website says about subscribing and click "View article". You either blow up the image on the screen and read it on-line (it takes time for a sharper image to replace the thumbnail). Or you attempt to print from the screen. It's your choice. Or attempt to read my files if nothing else works. I've scanned what Wagatsuma wrote about the case in the 1967 book. The red markings are mine, made when I first red the book that year. I've put these and some other items in the "Girard case" folder but also in the "New" folder. One of the items includes the first page of the main feature of the 29 September 1957 issue of Shukan Asahi. The article runs from pages 3-13, hence begins on the first page of the pulp pages inside the cover (which is pages 1 and 2). I can't find a statement of when the issue was printed but I would guess about a week before the cover date. Many U.S. papers carry reports circt 24 September on the Girard case and often the same page includes a another report by Fred Saito, who refers to the Shukan Asahi article. There is no connection between the Girard article and Saito's article. The Shukan Asahi article focuses on history and incidents and activist initiatives, practically entirely in the greater Kansai area and Shikoku. The closest it gets to Kanto is a 1925 case involving violence against some people in a what is known as the Serada-mura jiken (世良田村事件). The village was in Nitta-gun in Gunma. It is now a "chou" of Oita-shi. Given the fact that Shukan Asahi was reporting developments in the Girard case (as one contemporary Dropbox article shows), you would think the "Buraku o kaihgo se yo: Nihon no naka no houken-sei" feature would have made some reference to it, but no. Ostensibly the Girard case does not warrant mention because it does not represent an example of discrimination. 1957 issues of Kaido's monthly journal "Buraku" has some content related to the Girard case. It's overview of 60 years of Suiheisha history lists the case in the chronology of related events at the end (see Dropbox). Otherwise, not a lot is made of the incident. My own impression is the scavengers took advantage of the incident to secure their "monopoly" over what was to them an economic resource that predates the takeover of the area by U.S. forces from Imperial Japanese forces. Hence, as some contemporary English reports pointed out (see Ishii's report on the scavengers, in Dropbox), the farmers and others who had become dependent on supplementary income from scavenging metal scrap appeared to be apolitical. At least they don't easily fall into the "anti-U.S. base" category. And on the whole, they are not inclined to be interested in radical leftist ideology.

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Girard incident time line (1957-1958)

1910-1945

1910 (Meiji 43)   Somagahara is established as a Japanese Army base (kichi 基地). Original area about 1.36 million tsubo (450 hectare, 1,111 acres).

1922 (Taisho 11)   Area expanded by about 0.610 million tsubo (202 hectare, 498 acres).

1941 (Showa 16)   Area expanded by about 133 hectare (402,325 tsubo, 329 acres). Total area at this time was about 800 hectare (2.42 million tsubo, 1,977 acres).

1945-1952 (Allied Occupation)

11 April 1946   Colonel Ford, an American officer at GHQ/SCAP, notifed the governor of Gunma that the U.S. Army was requisitioning the entirety of the former Imperial Army base at Somagahara, and in addition 2,300 hectare (about 7.0 million tsubo) of land including 1,500 hectare of public and private forestland, and for use as an exercise (training, maneuvering) grounds, and ordered that all people residing within the prescribed are would have to leave, and that entering the area (tresspassing) was prohibitted. The U.S. Army had taken command of the facility from the Imperial Army in the process of disarming and dissolving Japanese military forces after the Allied Occupation began on 2 September 1945.

June 1950   People with permits, at designated times, are allowed to enter the grounds, to engage in activities related to their livelihoods. However, they are not allowed to enter firing grounds during exercises, during firing (Narisawa 1979: 226).

1957

30 January 1957 (Wednesday)   Sakai Naka (坂井なか), the 46-year-old wife of Sakai Akikichi (坂井秋吉) and mother of six, was shot and killed by 21-year-old U.S Army Specialist Third Class William S. Girard (ウィリアム'S'ジラード) within the perimeter of Camp Weir at Sōmagahara (相馬ヶ原), a former Japanese Imperial Army training base U.S. Army used for infantry exercises.

At the time of the Girard incident, the U.S. Army was sharing the Sōmagahara area with Japanese military forces, which were authorized in 1950 shortly after the start of the Korean War and became the Self-Defense Forces in 1954. In 1958, the U.S. Army returned Camp Weir to Japan, and Sōmagahara is now the headquarters of the 12th Brigade of the Japanese Ground Self-Defense Forces (JGSDF).

Camp Weir straddled Sōma village (Sōma-mura 相馬村) and neighboring towns and villages in Gunma prefecture. Two months after the Girard Incident, Sōma village was divided into two parts, which were merged with Minowa town (Minowa-machi 箕輪町) to the west and Momonoi village (Momonoi-mura 桃井村) to the east. The main gate and related facilities of Camp Weir were in Momonoi, which was merged with the eastern part of Sōma to form a new village called Shintō (Shintō-mura 榛東村), hence some later reports concerning the incident placed Sōmagahara in Shintō.

Circumstances of incident

Girard and another soldier were guarding a machine gun and some clothing during an exercise of their cavalry company. Sakai and a number of other Japanese had entered the exercise area to collect spent cartridges to sell as scrap metal.

Girard denied allegations, partly supported by testimony from another soldier, that he liked to goof off, even throw out spent shell casings to tempt the brass pickers, then chase them off with pot shots over their heads. He admitted that he had fired an empty shell casing with a grenade launcher over the woman's head but had no intention of hitting her, and no idea that it would pentrate her body if it did hit her.

The firing range was well known to local people. Sakai, like many villagers, habitually ignored the posted warnings that the area was dangerous and off limits, and that tresspassers would be punished. At the time of the exercise, there were dozens, perhaps more than one hundred, Japanese brass scavengers on the grounds, and local police had not yet responded to military requests help in clearing the grounds of civilians.

3 February 1957 (Sunday)   RESUME JAPANESE PAPERS

7 March 1957 (Thursday)   The United States agrees to let the U.S.-Japan Joint Commission decide whether Girard should be tried in a Japanese or U.S. military court. The commission operates under the terms of the 1953 Administrative Agreement, and convenes to resolve conflicts that arise between the two parties. In this case, Japan's Ministry of Justice insists Girard should be tried in a Japanese court because he was not on official duty at the time he shot and killed Sakai Naka. The U.S. Army, however, contends that he was on duty at the time, hence his case was under U.S. Forces jurisdiction. (Tokyo, UP, Pacific Stars and Stripes, 8 March 1957, page 11)

On 16 May, after several weeks of deliberation, the U.S. representative on the joint commission waived jurisdiction according with established procedures and instructions from Washington. (Washington, AP, Pacific Stars and Stripes, 4 June 1957, page 11)

Girard_1957-03-08_PSS_11_Joint_review.jpg Girard_1957-06-04_PSS_11_Wilson_statement.jpg

31 March 1957   Township of Koizumi (小泉町) and village of Ōkawa (大川村) merged as new township of Ōizumi (大泉町), now famous as the location of sizeable communities of families of Brazilian and Peruvian employees of local automobile and appliance factories. In 2009, Ōizumi will be merged into the neighboring city of Ōta (太田市), which had been upgraded from a township to a city in 1948.

When the United States closed Camp Drew and Camp Weir, among many other US military facilities in Japan, the town of Ōizumi was hit by unemployment. Residents split into two factions. One set out to entice companies to locate factories in the area. The other tried to attract Self-Defense Forces to the area.

16 May 1957 (Thursday)   The United States formally agrees to yield its claim to jurisdiction in the Girard case to Japan's claim to jurisdiction. The Far East Command argued that Girard was "on duty" but Japan argued that his shooting of Sakai Naka was not "performance of official duty" as stated in the Administrative Agreement. The Maebashi public prosecutor, in accordance with instructions issued by the Supreme Court of Japan after the U.S. formally waived jurisdiction, indicted Girard on a charge of "involuntary manslaughter". (Washington, AP, Pacific Stars and Stripes, 18 May 1957, page 2)

In March, when the U.S. agreed to submit the jurisdictional issue to the U.S.-Japan Joint Commission, the Secretary of Defense issued instructions, through the Department of Army, to the Far East Command, that the U.S. representative on the joint commission continue to press for U.S. jurisdiction but waive jurisdiction if Japan continued to insist on jurisdiction, which was in accordance with the agreement and precedent. (Washington, AP, Pacific Stars and Stripes, 4 June 1957, page 11)

Girard_1957-05-18_PSS_02_Wilson_blocks_trial.jpg Girard_1957-06-04_PSS_11_Wilson_statement.jpg

17 May 1957 (Friday night)   Secretary of Defense Charles E. Wilson "blocked any immediate trial" of Girard by ordering U.S. military authorities in Japan to keep Girard in U.S. custody "pending a complete review of the matter". (Washington, AP, Pacific Stars and Stripes, 18 May 1957, page 2)

18 May 1957 (Saturday night)   The Maebashi procurator's (prosecutor's) office indicted Girard on charges of "manslaughter". Earlier, the Minister of Justice, Nakamura Umekichi, announced in the Judicial Affairs Committee of the House of Representatives that the Maebashi prosecutor's office was taking steps to indict Girard. Nakamura reported alluded to Wilson's order to hold up on the delivery of Girard to Japanese authorities. (Tokyo, UP, Pacific Stars and Stripes, 19 May 1957, page 2)

Girard_1957-05-19_PSS_02_Japan_indicts_Girard.jpg

22 May 1957 (Wednesday)   U.S. President Dwight Eisenhower reportedly said he'd been briefed on the Girard case. His and Defense Secretary Wilson's intent was to make sure that while the U.S. honors its international agreements, that no American citizen be subjected to a miscarriage of justice. Girard's trial was scheduled to be begin on 21 June but he remained in U.S. custody. (Washington, AP, Pacific Stars and Stripes, 23 May 1957, pages 1 and 2)

Girard_1957-05-23_PSS_01-02_Ike_briefed.jpg

22 May 1957 (Wednesday)   Chief Cabinet Secretary Ishida Hirohide called on the people of Japan to remain calm regarding the Girard case. As the spokesman for Prime Minister Kishi Nobusuke's cabinet, he said Japan's insistence on jurisdiction was not due to anti-American sentiments. He also said anti-Japanese sentiments in America were the result of "misunderstanding". (Tokyo, UP, Pacific Stars and Stripes, 23 May 1957, page 2)

Girard_1957-05-23_PSS_01-02_Ike_briefed.jpg

23 May 1957 (Thursday)   An unnamed top policy official of the U.S. government reportedly stated that joint U.S.-Japan commission in Japan, which oversees the application of the Administrative Agreement under the Mutual Security treaty, was fully supported by the Defense and State Departments, and was the result of deliberation over a proper question of joint jurisdiction. (Washington, INS, Pacific Stars and Stripes, 25 May 1957, page 5)

Girard_1957-05-25_PSS_03_Accord_expected.jpg
Washington, INS, Pacific Stars and Stripes, 25 May 1957, page 5 Girard_1957-05-25_PSS_03_Accord_expected.jpg

24 May 1957 (Friday)   Chief Prosecutor Watanabe Maname [of the Maebashi Prosecutor's Office] reportedly announced that he had indicted Girard for "intent to inflict bodily injury" but not intent to murder. The indictment alleged that he had lured the victim to gather some empty shells, then when she approached, he chased her away and fired an empty cartridge in her direction. The cartridge was said to have hit her in the back and cut an artery, which caused her to bleed to death. Witnesses reported said that, after she fell, he asked her if she was okay. (Maebashi, Japan, AP, Pacific Stars and Stripes, 24 May 1957, page 5)

Girard_1957-05-24_PSS_05_Charged.jpg

26 May 1957 (Sunday)   Acting Prime Minister Ishi Mitsujiro and Defense Agency Director Kodaki Akira stated that Japan would try Girard regardless of objections in the United States, referring to U.S. Defense Secretary Wilson's freeze on the planned transfer of Girard to Japanese custody. They said the trial would probably begin toward the end of June, and that Girard would be tried in abentia in the event the U.S. does not deliver him to Japanese custody. (From Wire Service Dispatches, Tokyo, May 26, The Courier Journal, 27 May 1957, page 2)

Girard_1957-05-27_The_Courier-Journal_02.jpg
From Wire Service Dispatches, Tokyo, May 26, The Courier Journal, 27 May 1957, page 2 Girard_1957-05-27_The_Courier-Journal_02.jpg

28 May 1957 (Tuesday)   Kenneth Ishii, filing for International News Service, reports the conditions and sentiments he observed at Somahara. (Kenneth Ishii, Somagahara, INS, Pacific Stars and Stripes, page 6)

Girard_1957-05-28_PSS_06_Ishii_scavengers.jpg
Kenneth Ishii, Somagahara, INS, Pacific Stars and Stripes, page 6 Girard_1957-05-28_PSS_06_Ishii_scavengers.jpg

29 May 1957 (Wednesday)   Department of Defense Wilson said at a press conference in Washington, D.C. that a final decision regarding the question of jurisdiction in the Girard was was coming soon. He said that the decision to waive jurisdiction was made in March and described the history of the waiver system in some detail, as reported by Associated Press. (Washington, AP, Pacific Stars and Stripes, 30 May 1957, page 2)

Girard_1957-05-30_PSS_02_Decision_soon.jpg
Washington, AP, Pacific Stars and Stripes, 30 May 1957, page 2 Girard_1957-05-30_PSS_02_Decision_soon.jpg

29 May 1957 (Wednesday)   The Honolulu Star-Bulletin editorically urges Japan not to forget American kindness. For example -- the rescue of a paralized Japanese fisherman by an American military plane, and his treatment at a hospital in Honolulu. (Honolulu, AP, Pacific Stars and Stripes, 31 May 1957, page 7)

Girard_1957-05-31_PSS_07_American_kindness.jpg

1957

Washington, INS, Pacific Stars and Stripes, 25 May 1957, page 5 Girard_1957-05-25_PSS_03_Accord_expected.jpg

4 June 1957 (Tuesday)   The Pacific Stars and Stripes published the long text of the statement made by Defense Secretary Wilson which confirmed that Girard would be tried in a Japanese court. His described at length the legal grounds on which the U.S. decided to withdraw its claim to jurisdiction and recognize Japan's claim. (Washington, AP, Pacific Stars and Stripes, 4 June 1957, page 11)

Washington, AP, Pacific Stars and Stripes, 4 June 1957, page 11 Girard_1957-06-04_PSS_11_Wilson_statement.jpg

4 June 1957 (Tuesday)   The Eisenhower administration announced that it will follow through with the 16 May decision of the U.S. representative to the U.S.-Japan Joint Commission to waive U.S. military court jurisdiction in the Girard Case, according to a long report by AP writer John M. Hightower, based on the joint statement made on this day by Secretary of State Dulles and Secretary of Defense Wilson. After the 16 May decision, Wilson had issued an order to U.S. military officials in Japan not to implement the transfer of Girard to Japanese custody, for purpose of standing trial, until the matter was fully reviewed in Washingtoin. (John M. Hightower, 4 June 1957, AP, Abilene Reporter-News, 5 June 1957, page 4-B)

Girard_1957-06-05_Abilene_Reporter-News_4-B.jpg

5 June 1957 (Wednesday)   Kawachi Yuzō, Chief Justice of the Maebashi District Court, one of the 3 judges who would conduct the hearings in the Girard case, promised the trial would be fair. The 2 associate judges will be Saikwawa Teizō and Hirata Takashi. Kawachi reportedly said he would determine the date of the first hearing, which could be as early as late June if the United States wanted the trial to begin by then. (Maebashi, Japan, Wednesday, 5 June 1957, AP, Abilene Reporter-News, 5 June 1957, page 4-B)

FOR SLAYING OF WOMAN
  Jap Judge Pledges GI
  Will Get Fair Hearing

Abilene Reporter-News, Abilene, Texas
Wednesday, 5 Jun 1957, page 4-B

Excerpts

"I will throw myself on that firing range"

Girard has a Japanese fiancee, permitted to visit him. They had planned to marry in March

"I will wait forever, and if we can't marry because of this I want to die," Miss Sueyama said. "I will throw myself on that firing range"

"delicate case . . . good precedent"

Public Procurator General Tosuke Sato, roughly equivalent to a U.S. attorney general, said he had been working about jurisdiction over Girard "because it was a delicate case."

"It is a good precedent that such a crime was recognized to be outside of duty," he said.

Reynold's case in Republic of China

1957

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16 May   The U.S. ArmyU.S. Military Girard's mother joins his brother in unified family support for his defense.

18 May 1957   Gunma prefecture prosecutors charge Girard under Article 205 of the Penal Code, concerning the crime of death resulting from bodily injury (傷害致死罪), which was punishable with "a definite sentence of penal servitude of two or more years" (my translation).

The United States government persuaded Japanese authorities to delay legal actions in Japan until the issue of jurisdiction was resolved in US courts.

7 June   Girard's mother joins his brother in unified family support for his defense.

Girard Denies Enticing Japanese To Her Death
The Daily Reporter (Dover, Ohio
June 7, 1957, page 1

[ Caption to photograph showing Girard's mother with his older brother ]

MOTHER FIGHTS FOR GI SON

Mother of Specialist 3C William Girard embraces her eldest son, Louis (top) as she arrives in Ottawa, Ill., to aid in the defense of her soldier-son who faces trial in a Japanese court on a manslaughter charge. She hired two Peoria attorneys (bottom, from left) James Reynolds and Elliott Young, to defend him.

Girard Denies Enticing Japanese To Her Death

By GENE KRAMER

CAMP WHITTINGTON, Japan -- GI William Girard declared today Japanese charges that he enticed a woman scrap collector to her death were untrue. He said the fatal shooting was accidental. The young GI added, however, that he expects a fair trial in Japanese courts. Girard's Japanese lawyer and his U. S. Army legal adviser went ahead with plans to defend the 21-year-old soldier in the nearby Maebashi District Court despite legal moves by other lawyers in the United States to forestall the Japanese trial. At the request of attorneys retained by Girard's family, a federal judge in Washington ordered the Army not to yield the soldier to foreign custody before a hearing Tuesday in an application for a writ of habeas corpus. The Girard family's attorneys in the United States contended Girard shot a trespasser on a U. S. military base while he was on duty, and that the U. S.-Japanese status of forces agreement provides only for the Japanese to try servicemen accused of offenses committed while off their bases and off duty. U. S. authorities in Japan originally held a similar position, resisting Japanese demands to yield Girard for trial. But a decision by Secretary of State Dulles and Secretary of Defense Wilson Tuesday to turn Girard over to Japanese jurisdiction in effect upheld the Japanese contention that while Girard was authorized to protect military property, he was not authorized to shoot. Maj. Stanley Levin of Los Angeles, Girard's adviser, and Itsuro Hayashi, his chief counsel, said the legal action in the United States would not halt preparation for the Japanese trial. They described the habeas corpus request as a test of the constitutionality of the U. S.-Japan agreement allowing Japanese courts to try servicemen. Hayashi said the case probably would not go to court for two months because of the time needed to prepare the defense. In the meantime, Girard remains in U.S. Army custody at this camp of the 1st Cavalry Division. He has been restricted to camp more than four months while the case developed into a hot international issue. See GIRARD, Page 4.

zhuang zhi lan Chuang chi Lan

[ Page 4 continuation omitted ]

10 June 1957   Robert Booth, who had appeared in a number of movies in Japan, who had been on trial since 1956 for a number of crimes involving illegal business transactions and currency dealings, disappears.

13 June 1957   President Eisenhower writes a letter to Girard's mother, promosing her that the United States government will do everything it can to insure that her son receives as fair a trial under Japanese law as she could expect him to receive in a court martial conducted by US armed forces. He stated that he regretted "the impression on the part of some that assertion of national prerogative in this situation is of more significance than is justice itself."

11 June 1957   The commotion over the Girard case drew critical commentary from all manner of quarters, including the following remarks by Paul V. Coates (1921-1968), writing in his "Confidential File" column in The Daily Mirror, a Los Angeles paper. He was also the host of a syndicated tabloidesque television series also called "Confidential File".

The Daily Mirror
Confidential File

Paul V. Coates
June 11, 1957

Our national concern for the plight of soldier William Girard has, from the start, struck me as oddly misplaced.

As well as I can understand it, we're upset because the United States has failed to stand behind the young soldier. And has, instead, given a foreign country permission to decide his fate.

Suddenly, it's a matter of monumental importance.

And absurdity.

Because if soldier Girard's personal well-being were the issue, common sense would tell us to stop worrying right now.

And be thankful that Japan, rather than the United States Army, is going to handle the case.

Now that the soldier's killing of a Japanese housewife has achieved global notoriety, whoever gets the case will be forced into a backbreaking lean toward justice.

If Japan tries him, that country will be in the delicate position of having to prove to us, and the world, that its justice is pure and impartial.

It's an interesting fact that since the U.S.-Japan treaty permitting the latter country to try our soldiers went into effect, American servicemen have committed more than 14,000 infractions of Japanese law.

And that all but about 400 of them were turned over to the U.S. military for trial.

Of even greater interest, however, is the fact that there are, at present, some 40 U.S. servicemen in Japanese

18 June 1957   An Illinois court rules, in litigation initiated by Girard's older brother, that he not be handed over to Japanese authorities. This is just one of several movements in the United States to prevent Girard from being tried in a Japanese court.

1 July 1957   The Far East Command and the Armed Forces Far East were discontinued. Headquarters, United Nations Comman, was moved from Tokyo to Yongsan in Seoul, home of the 8th Army Headquarters, which was moved from Camp Zama near Tokyo in Japan to Seoul in 1955. Zama remained home to Headquarters, Armed Forces Far East/Eighth Army (Rear) until 1 July 1957, when the Far East Command and the Armed Forces Far East were entirely replaced by Headquarters, US Forces Korea, in Yongsan. At this time, remnants of 8th Army units in Japan were moved to Korea, and a number of other US military units in Japan were closed. Headquarters, UN Command was also moved from Tokyo to Yongsan at this time.

5 July 1957   Girard married Taiwan-born Sueyama Haru (末山ハル), who was 7 years older than he was, in a ceremony held in the chapel at Camp Whittington.

8 July to 11 July 1957   "Wilson, Secretary of Defense, et al. v. Girard" Certiorari to the United States Court of Appeals for the District of Columbia Circuit" (No. 1103) argued (8 July) and decided (July 11).

26 August 1957   First hearing of case at Maebashi District Court. Girard pleads that he shot over Sakai's head in the performance of his duties, and that he had not intended to hit her. United Press staff correspondent John Zimmermann filed a report that was carried by many U.S. papers.

Girard Accused Of Firing At Several Before He Killed
By JOHN ZIMMERMANN
United Press Staff Correspondent
Maebashi, Japan, Aug. 26
Pittston Gazette (Pittston, Pennsylvania)
Monday, August 26, 1957, page 1

Girard Shot at Others, Too, Court is Told
Trial in Slaying Of Japanese Woman Starts at Maebashi

The Daily Register (Harrisburg, Illinois)
Tuesday, August 27, 1957, page 4

Girard Shot at Others, Too, Court is Told

Trial in Slaying Of Japanese Woman Starts at Maebashi

By JOHN ZIMMERMANN
United Press Staff Correspondent

MAEBASHI, Japan (UP) -- The government charged today that Specialist 3C William S. Girard fired "two or three times" at other Japanese before he fired the shot that killed Mrs. Naka Sakai and started a passionate international controversy. The prosecution read its statement on the opening day of the trial. At the end of the day, trial was adjourned unil Sept. 6. During the opening moments Girard pleaded innocent to manslaughter charges and his attorney made a motion to get the case thrown out of Japanese courts. The prosecution statement said that on the same day Girard fired at Mrs. Sakai he also fired at the feet of a man identified as Isamu Yadoyara and at scrap scavengers named Toshizo Koyama and Katsuzo Kanae.

Nine Witnesses to Testify

Chief Procurator prosecutor Yoshio Konawa announced he would call nine witnesses to testify, including Girard's Army buddy Specialist 3-C Victor Nickel of Inkster, Mich., who was with Girard at the time of the shooting. The prosecution charged that Girard lured Mrs. Sakai toward him by throwing out used cartridges and calling "mama-san, takusan ne woman, plenty, eh." It charged he fired one shot at Hideharu Onozeki, who was with Mrs. Sakai, just missing his feet, and then loaded his grenade launcher again. It said Girard ran toward Mrs. Sakai, shouting "get out, hey," and fired from a distance of about eight meters (eight yards), hitting her in the back. Judge Yuzo Kawachi (河内雄三) adjourned the first day's session after the prosecution completed its opening statement.

Reserves Decision

Girard's attorney, Itsuro Hayashi (林逸郎 1892-1965), one of Japan's top criminal lawyers, asked that the case be thrown out of Japanese courts on jurisdictional grounds. Judge Kawachi reserved decision. It was the jurisdiction issue that sparked the controversy in the United Slates with congressmen and veterans' groups criticizing the United States for turning Girard over to Japan.

6 September 1957   At a second hearing, Japanese winesses testify that soldiers often fired upon Japanese shell pickers and applaused when they ran off.

Witnesses Girard Trial Claim Many GIs Shot At Japs
Pittston Gazette (Pittston, Pennsylvania)
Friday, September 6, 1957, page 1

Metal Pickers Testify In Girard Trial
By JOHN ZIMMERMANN
United Press Staff Correspondent
Maebashi, Japan, Sept. 6
The Call-Leader (Elwood, Indiana)
Friday, September 6, 1957, page 1


Witnesses Girard Trial Claim Many GIs Shot At Japs

By JOHN ZIMMERMANN
United Press Staff Correspondent

Maebashi, Japan, Sept. 6. -- Two Japanese scrap metal pickers testified today at the trial of U. S. Army Specialist 3C William S. Girard that many Americans fired shell casings at them and "laughed and clapped their hands when we ran away." The statements by Noburo Matsuzawa and Mon-ya Hoshino were among 30 affidavits filed by the prosecution at the second session of the trial that has created an international controversy. They said U. S. soldiers often fired blanks, shell casings and phosphorous grenades at Japanese villagers who made their living selling used shell casings they picked up on the Camp Weir firing range north of Tokyo to sell as scrap metal. Girard, of Ottawa, Ill., was charged with manslaughter after a shell casing fired from a grenade launcher attached to his rifle struck and killed Mrs. Naka Sakai, mother of six children.

Offers Compensation

The U. S. Army announced it offered Mrs. Sakai's bereaved husband a solatium compensation offer of $1,748.20, but that he turned it down. "I do not want to discuss money matters at this time," he said, It has been the custom in U. S. Japan relations in the past to offer payment of a solatium to individuals or the family in the event of injury or death through the action of a member of the U. S. forces. The second session of the Internationally-observed trial opened in Maebashi District Court under the direction of Judge Yuzo Kawachi and two associate judges, who will hand down the final decision in the case.

Adjourns Session

Kawachi adjourned today's session at 3:15 a. m. e.d.t., and cancelled two outdoor sessions scheduled for Saturday and Sunday at the scene of the shooting because of bad weather. He rescheduled them for Sept 12, 13 and 14. When the statements all were read to the court, Kawachi called Girard to the stand. "During the reading of the documentary evidence," he asked, "did anything strike you as objectionable and would you like to ask any questions?" "No," Girard replied and returned to his chair at the defendant's table. The defense, headed by Japanese attorney Itsuro Hayashi, also refused to question the affidavits.

22 September 1957   Associated Press puts John Hersey's long interview with Sakai Naka's family, and his huge nearly full-page analysis of the case to this point, out on the wire, and at least one paper carries most of it.

Gives Rare Insight Into Japanese View Of The Girard Case
The Sunday News-Journal (Dayton Beach, Florida)
Sunday, September 22, pages 1A, 7A

4 October 1957   Sputnik 1 launched into low elliptical orbit. The satellite burned as it fell from orbit and into the atomosphere on 4 January 1958.

10 October 1957   In yet another hearing, Girard's platoon commander backs his claim that the shooting incident took place while the firing exercise was in progress.

Claim Is Backed By Platoon Commander
The Cincinnati Enquirer (Cincinnati, Ohio)
Friday, 11 October 1957, page 9

The same page of this edition carried an article titled Shape Up, Girls! WAC Outfit In Japan Is Told To Fill Uniforms In Right Places about the pending inspection of a WAC detachment at Kishine Barracks. See The WAC detachment at Camp Kishine (below) for details.

Claim Is Backed By Platoon Commander

MAEBASHI, Japan, Oct. 10 (UP) -- Sp3 William S. Girard's platoon commander testified today the soldier was "on duty" when he shot and killed Mrs. Naka Sakai, Japanese metal salvager, last January 30. First Lt. Billy Mohon, Comyn, Tex., said, "the incident took place while the (gunnery) exercise was in progress." He made the statement as the defense opened its case. Mohon also testified that . . . asked Japanese authorities to remove the shell pickers from the Camp . . . Drew rifle range that day, because they were an obstacle to the exercise and a menace to themselves. First Lt. William A. Gigante, Detroit . . . another platoon leader said the shell pickers crowded so close around his . . . the gunner. The prosecution has charged that Girard shot Mrs. Sakai deliberately with an empty shell casing from a grenade launcher attached to his rifle. The defense claims the shooting was accidental. The question whether Girard was on duty when he shot Mrs. Sakai formed the basis for the controversy on both sides of the Pacific over Japanese jurisdiction in the case. It was settled when the U. S. Supreme Court ruled the United States could allow Girard to be tried in a Japanese court. The prosecution won an important point at today's session when Chief Judge Yuzo Kawachi ordered two . . . .

Billy Mack Mohon received his commission as a Lieutenant in the Army in 1955 after garduating from Texas Tech University. He retired from the Army in 1975 after 20 years of service, which included the Vietnam War, and duty in Korea. After his military retirement, he worked for the Defenses Department as a management analyst. He died in 1965 shortly after his second retirement.

30 October 1957   Prosecutor demands five-year sentence, arguing that Girard harbored malice beyond his official duties.

5 November 1957   Closing arguments delivered at 13th public hearing. Girard's principal attorney, Hayashi, argued that Girard had attempted to drive away cartridge case pickers in order to protect the machine gun, that the testimonies of Japanese concerning the shooting act could not be trusted, and that testimony of the soldier who had been with at the time had been fabricated out of jealousy over the fame Girard was enjoying in the United States and from worry that he himself might be charged.

9 November 1957   Judge Kawachi sentenced Girard to three years with a four-year stay of execution, which meant Girard would not serve time. The judge took into consideration the assertions of the prosecution but also found that those who enter areas that are posted as dangerous also have some responsibility. He held that the defendant had not shot the victim intentionally, had deeply repented, and there was no fear of a repetition of the crime.

6 December 1957   18 December 1957 Time article reports that "Army Private William S. Girard, 22, and his Japanese bride Haru ("Candy") Sueyama, 27" sailed from Yokohama on an American troop transport bound for San Francisco. The article observes that during Girard's trial, "Candy Girard, onetime B-girl, even got notes from Japanese suggesting that she ought to go commit harakiri."

10 December 1957   Mt. Amagi double suicide (Amagi-san shinjū 天城山心中)

天城山心中(あまぎさん しんじゅう)とは、1957年12月10日に、伊豆半島の天城山において、学習院大学の男子学生である大久保武道(八戸市出身、当時20歳)と、同級生女子の愛新覚羅慧生(当時19歳)の2名が、大久保の所持していた拳銃で頭部を撃ち抜いた状態の死体で発見され、当時のマスコミ等で「天国に結ぶ恋」として報道された事件。 慧生は清朝最後の皇帝にして、旧満州国の皇帝でもあった愛新覚羅溥儀の姪にあたり、溥儀の実弟愛新覚羅溥傑の長女。 (あいしんかくら えいせい、1938年2月26日 - 1957年12月4日頃) Aixinjueluo Huisheng 清および満州国皇帝・愛新覚羅溥儀の実弟溥傑の長女。天城山心中で死亡した女性として知られる。

1958

14 August 1958   Haru gives birth to a daughter she names Roxane Marie Girard. William Girard has reportedly found a job as a mechanic in La Salle. (Ottowa, Ill., UPI, Arizona Republic, 22 August 1958, page 17).

Girard_1958-08-22_Arizona_Republic_17_Roxanne_Marie.jpg

25 August 1958   The 25 August 1958 issue of Time Magazine, which featured Troubleshooter Robert Murphy on its cover, reported that William Girard and Haru Girard had become parents, as follows (see Time for access to full story).

Time Magazine

Monday, Aug. 25, 1958

Milestones, Aug. 25, 1958

Born. To William Sylvester Girard, 23, ex-G.I. who was convicted last fall by a Japanese court (and put on suspended sentence) for shooting a Japanese woman scavenging brass from a U.S. Army firing range, and Haru Sueyama ("Candy") Girard, 30, who married him after the killing and before the trial: a daughter, their first child; in Ottawa, Ill. Name: Roxanne Marie. Weight: 6 Ibs. 5½ oz.


1979

16 March 1979   Haru Girard petitioned for naturalization in the U.S. District Court in San Diego on 5 December 1978. She became a U.S. citizen on 16 March 1979.

On her petition for naturalization, she stated she was born in Japan. In 1928, Taiwan was part of Japan.


1999

24 October 1999   William Sylvester Girard, who was born on 11 August 1935 in Streator, Illinois, died on 24 October 1999 in San Diego, California. He is buried with Haru in Mount Hope Cemetery in San Diego.


2007

5 June 2007Los Angeles Times carries an article by reporter Larry Harnisch about the Girard incident, in which he introduces Haru as follows, based on an unidentified article by John Hersey (Los Angeles Times, The Daily Mirror: Larry Harnisch Reflects on Los Angeles History, Courts, Soldier kills woman, June 5, 1957, retrieved 23 January 2009).

Soldier kills woman
June 5, 2007, 5:34 am

Japanese Court Will Try G.I. For Woman's Death

June 5, 1957
Tokyo

Until the moment he pulled the trigger on that day in January, Spc. 3rd Class William S. Girard of Ottowa, Ill., was a just bored 21-year-old soldier with an IQ of 90 guarding a machine gun on a firing range.

Until the moment Girard pulled the trigger, Naka Sakai of Somagahara, Japan, was just a 46-year-old wife and mother of six children from an impoverished village scavenging shell casings from the range.

Maybe as a warning, maybe out of boredom, Girard had his companion, Spc. 3rd Class Victor N. Nickel, throw some empty cartridges out on the firing range. As Sakai and the other scavengers scrambled to pick up the precious brass, Girard fired a warning shot: a spent casing from a grenade launcher mounted on a borrowed M-1 rifle. But the casing struck Sakai, killing her and touching off an international furor.

Girard and Haru 1957 Sueyama Haru and William Sylvester Girard
(AP Wirephoto)

Beyond those few facts, the case is cloudy. According to the scavengers, some soldiers treated them well and saved empty brass for them while others threw spent cartridges in the bushes "as if they were feeding chickens," one said. Still others played a game of luring the scavengers and then shooting over their heads to frighten them away, according to a story by writer John Hersey.

To the U.S. military, Girard was acting while on duty and thus under American jurisdiction while Japanese officials insisted that Girard shot Sakai during a rest period, making him subject to local laws. After deliberations, U.S. military authorities decided to surrender Girard to Japan for a civilian trial, provoking furious protests from U.S. veterans groups like the American Legion.

According to Hersey, Girard was "a short, slight, sandy-haired man with a faded scar on his forehead, a prominent nose and wide-flying ears, a thin-lipped mouth and weak chin. He leaves his mouth open much of the time in court. Before the killing, Girard was a kind of bumpkin clown. He drank quite a bit and ran up petty debts in the Japanese shops near his camp."

Girard's Japanese wife was a hindrance and help. Haru "Candy" Sueyama was born in Formosa and came to Japan as a teenager, where she worked various jobs before meeting Girard as a bar hostess. "Her kind is deeply scorned by the Japanese," Hersey said, describing her as small, freckled and brighter than her husband. Still, she paid the traditional visit of condolence and apology to the Sakai family on behalf of her husband.

The above citation comes from a very long article Hersey wrote in September 1957. See above for Hersey's entire profile of Haru, which is much more nuanced than the part cited here by Harnisch.

The trial revealed the unbridgeable gulf between Japanese and American customs. "Girard will never look apologetic enough to the Japanese," Hersey wrote. Americans, even sensitive Americans -- and Girard cannot be charged with overdeveloped sensitivity -- simply do not have it in their tradition to fall to their knees and bow to the floor in abject humility, either literally or figuratively."

Even an attempt to present money in a condolence gift misfired and seemed to be nothing more than "a materialistic American attempt to buy off justice," Hersey wrote.

Girard, who was reduced in rank to private, was ultimately found guilty and given a three-year suspended sentence, a lighter punishment than he might have received in a court-martial, U.S. legislators noted. On his way home to Ottowa in December, Girard was booed by other soldiers. At her first American Christmas, Candy Girard told a reporter: "I'm just happy. I'm just happy."

Akikichi Sakai and his six children received $1,748.32 ($12,527. 21 USD 2006) in consolation money for the death of his wife. He said: "I do not thank you for it."


2013

5 June 2007   Haru Girard, who was born on 5 July 1928 in Taipei, in Taiwan, died in 2013. She is buried with William in Mount Hope Cemetery in San Diego.

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ジラード'ハルさんの傷心'やっとつかみかけた幸福

Jiraado Haru san no shōshin: Yatto tsukamikaketa kōfuku

Girard Haru's hurt heart: A happiness finally grasped

Girard case 1st page of article about Haru Girard
Page 79 (Yosha Bunko scan)
Girard case Fujin Asahi, October 1957
Cover (Yosha Bunko scan)
Girard case Haru "Candy" and William Girard and their residence
The couple live in the back half of the 1st floor
Photo from page 71 (Yosha Bunko scan)

Haru Girard and Nancy Umeki

Girard and Sueyama would be pursued for a while by gossip mongers in both Japan and the United States. In Japan, Fujin Asahi (婦人朝日), published by Asahi Shinbun Sha (朝日新聞社), which produces one of Japan's major national dailies, carried the longest article I have seen on the couple in its October 1958 issue (Number 153).

Hamada Yōko (浜田容子)
Special local reportage (Tokuhō genchi rupo 特報現地ルポ)
News heroines thereafter (Nyuusu hiroin sono go ニュース'ヒロインその後)
Fujin Asahi (婦人朝日)
Tokyo: Asahi Shinbun Sha (朝日新聞社)
October 1958 (昭和28年10月), Number 153 (通巻号一五三)
Pages 70-81 (Girard Haru 70-76, Nancy Umeki 77-81)

The "news heroines" in this report, which consists of two separate articles, are two Japanese women in the United States who had recently achieved notoriety or fame and are apparently happy in their marriages to American men. The first woman is Girard Haru, who the previous year had married an American soldier during his trial in Japan for shooting a woman while on duty. The other women is Nancy Umeki, who had won an Acadamy Award and then married an American television director.

The articles are based on personal interviews conducted at the homes of the two women in the United States. The author, Hamada Yōko (b1929), was billed as a correspondent for Nana Tsushin (NANA通信), an international entertainment industry news agency. In 1964 she herself got a certain amount of attention for a now rather hard to find book called "America and Americans", which covers a number of household subjects like homosexuality, child battering, and credit buying (浜田容子、アメリカとアメリカ人、東京'実業之日本社、昭和39年、実日新書).

Nancy Umeki (1929-2007), known in Japan also as Miyoshi Umeki (ミヨシ'ウメキ), was in her prime a fairly well-known Hollywood actress, best known for her role Sayonara (1957), for which she received the Academy Award for Best Supporting Actress. Her 1958 marriage to Frederick Winfield Opie, which ended in divorce in 1967, resulted in a son born in 1964. She remarried in 1968 and died of cancer in 2007.

William and Haru Girard

William Sylvester Girard was born on 11 August 1935 in Streator, Illinois and died on 24 October 1999 in San Diego, California. He is buried in Mount Hope Cemetery in San Diego.

Haru Girard was born in Taiwan, which at the time was part of Japan, on 5 July 1928. She petitioned for naturalization in the U.S. District Court in San Diego on 5 December 1978 and became a U.S. citizen on 16 March 1979. She died in 2013 and is buried in Mount Hope Cemetery in San Diego.

They share a single "Girard" headstone as simply "William" and "Haru".

Prays for Husband
The Pantagraph (Bloomington, Illinois), Monday, November 18, 1957, page 9

Oizumi, Japan (UP) -- Haru Girard, Japanese bride of G.I. William Girard, clasps Buddhist rosary as she prays before altar in her room here. The Ottawa, Ill. soldier learns tonight whether a Japanese court has found him guilty in the death of a Japanese woman, shot last January on U.S. firing range.

Girard case The Lewiston Daily Sun
7 June 1957, page 1
(8 June 1957 Japan time)
Girard case Click on image to enlarge
St. Petersburg Times
19 June 1957, pages 1 and 3
(20 June 1957 Japan time)

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Girard case Associated Press file cards

Girard AP cards Girard AP cards Girard AP cards
Girard AP cards Girard AP cards Girard AP cards
Girard AP cards Girard AP cards Girard AP cards
Girard AP cards Girard AP cards Girard AP cards

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The Girard case in the Pacific Stars and Stripes

The Girard case essentially define 1957. For William S. Girard, it began in 30 January 1957 when he killed Sakai Naka on a U.S. Army firing range in Gunma prefecture, and it ended on 3 December 1957 when the prosecutor's office announced that it would not appeal the 19 November 1957 Maebashi District Court sentence of 3 years imprisonment commuted to 4 years for manslaughter. 2 days later, on 5 December 1957, Giraud left Japan for America with his wife Haru.

3rd most important story of the year

In it's 31 December 1957 issue, the Pacific Stars and Stripes reported that its reader's ranked the Giraud case the 3rd most important story of the year. The launching of the 2 Sputnik satellites by the Soviet Union in October and November, the 2nd with a dog aboard, ranked 1st story of the year. The 2nd most important story was the racial integration in U.S. schools and the sending of U.S. troops into Little Rock in Arkansas to enforce such integration. Practically all other top stories were of a political nature.

Considering its readership, the Pacific Stars and Stripes naturally gave more than a little space to the Girard case, especially after it became a hotly contested legal issue that required the intervention of the United States Supreme Court.

The

Girard_1957-07-13_PSS_01_Supreme_Court.jpg Girard_1957-07-13_PSS_02_Supreme_Court.jpg Girard_1957-07-13_PSS_11_Supreme_Court.jpg

24 July (Wednesday)  

3 July (Wednesday)   "KAGOHARA, Japan (AP)" reports "Extortioner Demands 'Candy' Pay $5,555". The amount was the equivalent of 2 million yen. Candy and Girard had been legally married Tuesday [2 July] and would be married in a reglious ceremony on Friday [5 July]. When Candy returned to her Kagohara home from Tokyo on Tuesday, after complete formal formal marriage procedures in Tokyo [at the U.S. Embassy and at a local municipal office], she found 34-year-old Fukuju Shimizu, a shopkeeper, waiting for her. He demaned she pay "a" [sic 2] million yen as "condolence money" to the widower of the local Somagahara woman Girard had killed on a firing range. Shimizu had told her the people of Somagahara were angry at her for marrying Girard. Shimizu, though, turned out to be a convicted extortioner who was out of prison on parole. was the equivalent of 2 million yen.

The "extorionist" plut thickens

The Wednesday, 3 July 1957 edition of The Daily Herald, a Provo, Utah paper, carried the following report (page 9) from United Press, which puts Associated Press story, as reported in the Pacific Stars and Stripes, into a very different light.

Extortion Pacific Stars and Stripes
3 July 1957, page 2

Japanese Watch Girard Case Extorionist

KAGOHARA, Japan (UP) -- Suspicious Japanese police kept an eye today on Fukuju Shimizu, a convicted extortionist who has demanded two million yen ($5,555) in "comfort money" from U.S. Army Specialist 3C William S. Girard.

Shimizu said he was representing the husband and six children of Mrs. Naka Sakai, the Japanese woman Girard accidentally shot and killed early this year while she was scavenging scrap metal on an Army firing range. Shimizu said he received information of Sakai's demand from Sakai's next door relatives.

Payment of "comfort" or "sympathy" money is a usual custom in Japan and police were uncertain whether Shimizu was doing anything illegal. For him merely to relay a family request for a sympathy bonus would not be illegal, they said. He is now on parole.

Shimizu, who once headed a "Save Girard" campaign, went to Camp Whittington today to relay the reported request from Akiyoshi [sic = Akikichi] Sakai, husband of the dead woman. He was accompanied by Mrs. Haru (Candy) Girard who married the $122.30 a month American soldier Tuesday afternoon.

Sympathetic Wife

Candy, sympathetic with Shimizu because he headed the "Save Girard" campaign when it seemed they had few friends among the Japanese, said she believed in him despite his police record and wanted to help him explain to U.S. military authorities about the demand for money.

Candy said after Shimuzu tells his story to the Americans she wants to go with him to the village of Somagahara where Sakai lives and find out in person what the demand is about.

Shimuzu said Sakai "wants to build a new home."

There was speculation that the greediness of village neighbors and relatives was behind the reported demand for comfort money. Villagers recently have been demanding money from photographers arriving in Somagahara to take pictures.

Honeymoon Waits

Girard, 21, said today in a statement issued through U.S. Army information channels that his honeymoon "will have to wait" until his case is settled.

"I am not so foolish to ask Col. (Harry L.) Sievers (commanding officer of Girard's cavalry regiment) for any time off for a honeymoon. That will have to wait. I knew that when I asked Major (Stanley F.) Levin to help me with my marriage papers."

He said the Army approved his Japanese civil marriage because he was not under Army charges. He is to be married to Candy Friday [5 July] in a Methodist ceremony.

24 July (Wednesday)  

Enter Emperor Hirohito not

24 July (Wednesday)   "AURORA, Ill. (UP)" reports "Hirohito Tells Mayor He Can't Help Girard". The articles clarifies that Hirohito, not the mayor, cannot help Girard. But it turns out that the Mayor, too, cannot help him -- meaning Girard, not Hirohito.

Emperor can't help

Servant of the People

That anyone would ask the "emperor" of Japan to intervene in any matter is unthinkable to anyone who understands that the "emperor" of Japan is not what speakers of English usually associate with an "emperor" -- which since the end of the Pacific War, at least, is at best a mistranslation of "tennō" (天皇).

Under the 1947 Constitution, the Tennō ("Emperor" in English version) is merely a "symbol" of the sovereign nation (people) of Japan. Though the Tennō was the nominal monarchal sovereign under the 1890 Constitution, the authority of Hirohito's grandfather and father (who was mentally ill) was mostly ritualistic.

Hirohito himself, until 1945 when Japan surrendered to the Allied Powers and he consigned Japan's (his) sovereignty to the Supreme Commander of the Allied Powers (General Douglas MacArthur), exercised power in the form of affixing his seal to the legislation and other acts of those who actually wielded power.

Even within the imperial household, the emperor's authority is more symbolic than actual. Servants probably listen to him absolutely. Imperial Household Agency handlers probably also listen to him, though mostly he is in the position of having to listen to them for advice and having to rely on them for everything he does.

Were a politician in Japan to even voice a wish that he or she could appeal to the emperor for support, would be scandalous.

I have not made a search of Japanese papers, but it would interesting to see if any dared report the Hirohito story, and if they did so, how they handled the verbs and other elements of polite and deferential speech. Gossip and humor magazines would have been the mostly likely vehicles to dub the story into Japanese tongue-in-cheek. For certain people in Japan would have been flat out amused by it. Come to think of it, even the United Press copy that ran in the Pacific Stars and Stripes poked a bit of fun at the Aurora mayor's predicament of being under indictment and his decision not to come to Japan as he had once planned.

10 August (Saturday)   "CAMP WHITTINGTON, Japan (UP)" article reports "Girard Put Under 24-Hour Surveillance". The measure was taken "after he broke his restriction here for three hours last Monday night [5 August] by visiting a bar in a nearby village [Mijiri]." (PSS page 5)

3 December (Tuesday)   "TOKYO (AP)" article reports "Legal Decision On Girard Readied". Girard is waiting for the Maebashi procurator's office to announce whether or not it will appeal his sentence. In the meantime, his wife Haru (Candy) was hopefully packing, as they had been alerted to be ready to leave Japan that Friday [6 December] should there be no appeal. (PSS page 5)

4 December (Wednesday)   "CAMP DREW, Japan (AP)" article reports "Girard Busted To Private". A "TOKYO (AP)" brief in the same article reports that the prosecutor had announced it would not appeal Girard's sentence. "The decision not to appeal made Monday [2 December] by a high-level conference in Tokyo ends the long controversial case that began Januray 30" the article says, spilling over to the next page, where it briefly summarizes the court's ruling and states that Girard and Haru (Candy) are tentatively scheduled to leave Japan for the United States on U.S. military transport that Friday [6 December]. (PSS pages 1-2)

6 December (Friday)   "CAMP DREW (IO)" brief reports "Girard Pays $31 For Court Costs". More precisely, Girard had been paid the Maebashi procurator's office 11,374 yen, the amount it had billed for his share of trial expenses. This amounted to $31.60. (PSS page 5)

8 December (Sunday)   Girard makes the "People In the News" column of the Pacific Stars and Stripes under the headline "Giraud Busted". A photograph of his face is captioned simply "Girard". The brief reports that he was "reduced to the rank of private and sent home to the U.S. with his wife, Candy, for discharge" on account of his conviction of manslaughter and suspended 3-year sentence. It added that "The bust was in line with a regulation that provides for a reduction in rank as a result of a conviction by a foreign court carrying a sentance of more than six months." (PSS page 17)

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Hersey New Yorker

John Hersey on Girard case

Hersey New Yorker Hersey New Yorker

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E. W. Kenworthy on the Girard case

At the time of the Girard case, the vast majority of Americans got their news by reading local papers, and the vast majority of local papers got their national and international news from wire services. Only large city papers had bureaus in other large cities, and only the largest city papers, The New York Times, had bureaus outside the United States.

New Yorkers, at least those who read The New York Times, didn't necessarily get higher quality news, but they defintely got of it, in long signed articles that began on one page and spilled over to other pages. The following piece, by E. W. Kenworthy, came at height of decision by the Supreme Court that mandated the U.S. Army to allow Girard to be tried by a court in Japan.

E. W. Kenworthy [The New York Times Tokyo Bureau]
The Facts in the Girard Case
From "U.S. Agrees to Let Japanese Try GI in Woman's Death"
The New York Times, 5 June 1957, pages 1ff
As revised in
Elizabeth and Victor A. Velen, editors
The New Japan
New York: H.W. Wilson Co., 1958
Reference Shelf, Volume 30, No. 2
203 pages, pages 179-181

The following text is based on a scan of The New Japan posted by Internet Archive. The ellipses ( . . . ) and the [bracketed remark] at the end are as received.

THE FACTS OF THE GIRARD CASE

The United States agreed . . . that a Japanese court should try an American soldier charged with having killed a Japanese woman.

The soldier is Army Specialist 3/c William S. Girard, twenty-one years old, of Ottawa, Illinois.

. . . [On January 30, 1957] Girard fired an empty cartridge case from a grenade launcher to frighten away several Japanese scavenging for metal on the firing range at Somagahara. Mme. Naka Sakai, forty-six years old, was hit in the back by the shell case and killed.

In a joint statement issued at the Pentagon . . . Secretary of Defense Charles E. Wilson and Secretary of State John Foster Dulles said that Girard's action "was not authorized" and therefore was not done in the performance of duty.

Consequently, the two officials said that they had concluded that the trial of Girard in Japanese courts was "in full accord" with an agreement between Japan and the United States governing the status of American forces in Japan.

The question of jurisdiction in the Girard case has become a heated issue in the Japanese press and has inflamed public opinion.

The Government's decision in the Girard case came less than two weeks after the destructive anti-American rioting in Taipei, Taiwan. The rioters, who sacked the United States Embassy and the United States Information Agency building, were angered by a United States Army court-martial's acquittal of a sergeant accused of having killed a Chinese Peeping Tom. . . .

Under the status-of-forces agreements, an offense committed by United States service men against foreign nationals is within the jurisdiction of United States courts-martial if the offense arises "out of an act or omission done in the performance of official duty." Otherwise it is within the jurisdiction of the host country's courts.

However, the host country has the final decision, in case of dispute, over whether an offense is, or is not, committed in performance of duty.

Facts of the Incident

In the Girard case, the basic facts of what happened are not in dispute. The incident, as described by Secretaries Dulles and Wilson today, happened in this way:

A number of Japanese were on the firing range gathering empty brass cartridge cases. These civilians had created such a risk of injury to themselves during morning exercises that the commanding officer withdrew live ammunition before the start of the afternoon exercises.

In the interval between the two exercises, Girard and another soldier were ordered to guard a machine gun and other equipment. It was during this interval that Girard put a cartridge case in his grenade launcher, fired it. and killed Mme. Sakai.

The grenade launcher is a device that fastens on the muzzle of a rifle. The firing of a blank charge in place of a regular cartridge in the rifle launches an explosive grenade for an arched flight up to 100 yards. In this case an empty cartridge case rather than a grenade was launched.

Under the treaty provisions, the case went to the Joint United States- Japan Committee. The United States representative asked for military jurisdiction because the divisional commander had certified that Girard's action was committed in the performance of duty.

The Japanese held that it was not part of his duty to fire at the scavengers, that the firing was done between exercises, and that Girard had thrown out empty shell cases to entice the scavengers to come closer. Girard denied this, and said that he had been merely trying to frighten the scavengers.

For the first time in more than 14,000 alleged offenses against Japanese law, Japanese officials claimed their right to judge whether the offense was connected with performance of duty.

With the Joint United States-Japan Committee deadlocked, the United States representative was finally authorized on May 16 to surrender jurisdiction. There was an immediate uproar in Congress, and the next day Secretary Wilson ordered that Girard be held in United States custody pending a review.

The Wilson order brought an outcry in Japan. Since a treaty question was involved, as well as Japanese-American relations, the State Department at this point stepped into the situation, and the question was ultimately carried to the President. [The trial of Girard in a Japanese court ended in a three-year suspended sentence for Girard in late 1957 -- Eds.]

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Melvin Belli on Girard case


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Haru and Kayako

Sueyama Haru, as William Girard's girlfriend and then wife, crossed paths with Sakai Kayako, the oldest daughter of Sakai Naka, the victim of Girard's reckless shooting at Camp Weir, and the two women had clashing views on the incident and the court case. Ray Falk, writing for the World News Service, a McGraw-Hill agency, reveals how the women felt about each other.

Falk also states, unlike most other foreign reporters at the time, that Haru was a member of Sōka Gakkai, a religious organization. He calls it a "fanatic sect" but says nothing about or writes anything else that would justify the "fanatic" characterization, which detracts from the otherwise simple, dramatic, and ostensibly objective tone of the article.

Sōka Gakkai (創価学会) or "new-values learning-association" was at the time a controversial "new [upstart] religion" (shinkō shūkyō 新興宗教). It generally follows the tenets of the Nichren sect (Nichiren-shū 日蓮宗) of Buddhism, which places importance on the Lotus Sutra (Hokekyō 法華経). The "fanatic" impression comes from the zeal that many of its members show for their faith and the organization, which at the time and (and arguably still has) political as well as religious ambitions. Practitioners typically discipline themselves to rise early in the morning for a round of prayer, which consists of kneeling in front of an altar and chanting the Lotus Sutra refrain, "Nanmu Amida Butsu" (南無阿弥陀) while occasionally striking a small gong. When rapidly repeated, the refrain reduces to something like "nam-mam-daa-buu" (なんまんだーぶー), The chanting and clanging are known to disturb neighbors, and families and friendships have sometimes been stressed by efforts on the part of a believer to persuade other they known to join the sect, which some have likened to a cult built around its leader Ideda Daisaku (池田大作), Sōka Gakkai's 3rd president and the founder of Soka Gakkai International.

The Courier-Journal
Louisville, Kentucky
Sunday Morning, December 17, 1957
Section 3, Page 8

2 Women Pray, But for Different Verdicts, in Girard Case

Soldier's wife, shell-picker's daughter
await Japnese court decision Tuesday

By Ray Falk

Falk Dateline 16 November 1957 World News Service report by Ray Falk
Published in 17 November 1957 edition of The Courier-Journal
(Yosha Bunko jpg clipping from Newspapers.com pdf clipping)

MAEBASHl, Japan, Nov. 16 (W.N.S) -- Two living Japnese women haunt United States Army Specialist William S. Girard as he awaits the verdict of a Japanese court here November 19 in the death of a Japanese shell-picker.

One woman prays: "I love him him, and I want him back free." She if his wife, Haru "Candy" Girard.

The other says: "I hate him. He must be punished." She is Kayoko Sakai. who's molher Girard is accused of killing on an Army firing range.

Brings Food Daily

Every morning and evening for 1½, the wife, Haru, prays before the little Buddhist altar of the fanatic Soka-Gakkai sect in her small rented room. She lives outride Ihe main gate of Camp Drew where "my Birr" is restricted to base.

Every evening she passes the Military Police guard to visit her husband. Under her arm she carries his favorite Japanese dishes of pork, eggs and rice, or sukiyaki, a popular stew. Then they go to the camp movies together or spend a few hours in privacy at the home of a friendly sergeant.

Haru says:

"My husband, hated by all Japanese, it really a pitiful person. Besides myself and his family in the States, he is alone in his distress. If I desert him, what will become of him? My daily visits are his sole pleasure.

"No matter how tired I may be, I never miss going to see him and talking with him.

"I tell him of what I have done in the past 24 hours we have not shared with each other. He always listens to me eagerly. However, if 1 refer even slightly to his case, he turns away without replying."

She wore a wedding ring as she talked, and on the table stood a picture of the soldier with his wife on his lap. There was also a copy of a book on American manners and cus toms.

She has been studying American customs, history, and cooking At the Camp Drew Red Cross School lor Japanese brides.

Haru adds:

"When I went to the grave of Mrs. Sakai (the woman who was killed) to pray, her daughter Kayoko said to me, 'I hate you.' Now I pray for her soul and at my altar, and that my Birr will come back to me soon. But I don't hate Miss Sakai. I feel sorry for her.

1 hate crime, but I can't blame the one who commts a crime. I don't think he is guilty."

But 19-year-old Kayoko Sakai, daughter of the slain woman, is frank about her feelings. She says:"

"I hate Girard, but even so my mother will not return. Girard is not telling the truth. He should tell the truth. I want Girard to regret what he did.

"Mrs. Girard has no regret, no repentance. I hate her."

Miss Sakai has attended every session of the trial. She always sits on the center aisle in the fourth row. She wears black slacks, a red sweater, and a three-quarter-length coat. Her eyes stare past Girard the Judge.

The death of Mrs. Sakai was a great tragedy to the six Sakai children. With Mr. Sakai spending most of his time immersed in village politics and contributing little or nothing to the family income, it was Mrs. Sakai who kept the home together.

And that was why she picked brass off the Army firing range -- to supplement the meager income her 23-year-old son, Chikao, eked out of their farm.

By doing this, she was able to send Kayoko to study dress-making in Tokyo, a dream Kayoko had to forego at least temporarily when her mother's death forced her to return and look after the family.

The home she returned to is poor even by Japanese standards. Room ceilings are pieces of paper glued together. The walls are black from the open campfire that serves as a cooking range. There is a water pump in the back yard and an outhouse in the front.

What does the future hold in for the two women who love and hate Girard?

Chikao Sakai will soon marry, and the new bride will take care of Kayoko's little brothers and sisters while she returns to her dressmaking school in Tokyo.

As for Haru Girard, she hopes to go to the United States with her "Birr."

What if Army Specialist Third Class William S. Girard is sentenced to jail by the Japanese judge? Haru had a quick and definite answer: "I'll wait," the vows.

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Sueyama Haru's personal story

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The Girards in America

The Singapore Free Press carried the following long mixed report on page 3 of its Friday, 12 July 1957 edition. The headlines drew attention to (1) the forthcoming trial of Girard in Japan, (2) death threats against Mrs. Girard, and (3) the view of ambassador to the United States from the Philippines on the U.S. Supreme Court's ruling on sovereignty and jurisdiction.

The following text is my transcription and formatting of a very low resolution and copy-protected image of the article on the website of the National Library Board of the Singapore Government. High resolution images can be accessed only from multimedia stations at NLB libraries, or at the Lee Kong Chian Reference Library in Singapore.

The information in the unsigned article is attributed at the end to United Press, Associated Press, and Reuters. The bold and italic mark-up in the following representation of the article are as received. The [bracketed remarks] are mine.

Jap trial of G.I. on August 26.

MRS. GIRARD REPORTS DEATH THREAT

Romulo Lauds US decision

As the Japanese prepared to open the trial on Aug. 26 of U.S. Army Specialist William S. Girard on a charge of causing the death of a Japanese woman, his Japanese wife, Candy, reported to the Kagohara police that she had been threatened with death unless she divorced Girard by Monday.

This startling development followed the unanimous decision of the U.S. Supreme Court in Washington yesterday to authorize U. S. authorities in Japan to turn over Girard to Japan for trial on grounds that "a sovereign nation has exclusive jurisdiction to punish offences against its laws committed within its borders, unless it expressly or impliedly consents to surrender its jurisdiction."

In Tokyo this morning, Mr. Justice Yuzo Kawachi , judge of the Maebashi district court where Girard's trial will be held, said, "I am going to give Girard as fair and fast a trial as possible."

Newly-wedded Mrs. Girard, 20, who reported the death threat to the Kagohara police, said she had received a letter at her home near Camp Whittington, where Girard is being held, calling her a "traitor to Japan for having married a man who killed a Japanese.

Camp Whittington was near the city of Kumagaya (熊谷) in northeast Saitama prefecture. The homicide occured at Camp Weir in neighboring Gunma prefecture, and so the trial was held in Maebashi (前橋), the prefectural seat of Gunma. Kagohara (籠原) was part of Kumagaya, and there are Kumagaya and Kagohara train stations roughly midway between Ueno station in Tokyo and Takasaki in Gunma, on the Takasaki line (高崎線). From Takaski the line branches to the Jōetsu line (上越線), which at Shin-Maebashi (新前橋) branches to the Ryōmō line (両毛線) for Maebashi (前橋) and Isezaki (伊勢崎). Maebashi is actually very close to Takasaki, and many Takasaki line trains continue from Takasaki directly to Maebashi. From 2015, a Ueno-Tokyo through line began operating, which in effect connects the Takasaki line and some other lines which feed into Ueno from northern and eastern prefectures, directly with the Tokkaido main line, which runs to the southwest from Tokyo.

The warning

The writer of the letter, who identified himself as the head of an unidentified 100,000-member patriotic organization, warned Mrs. Girard that, if she did not announce her intention to divorce Girard by Monday, "our youth corps will descend upon you!"

In Washington last night, State Department officials said the Government was naturally pleased with the Supreme Court's decision because it honoured commitments to Japan.

They said the Girard case had worldwide implications since it had raised a challenging point in the stationing of all United States troops abroad.

The Philippine Ambassador in Washington, Lieut. Gen. Carlos P. Romulo, said the Supreme Court's ruling "will enhance American prestige in Asia and the rest of the world."

Gen. Romulo added, "It will show how right we are in our demand for respect to our national sovereignty." The Philippines is demanding the right to try all American soldiers in Philippine courts if they are charged with violation of Philippine laws.

At Maebashi near Tokyo, the husband of the Japanese woman who was killed in the Girard incident said it was "quite natural" for the U.S. Supreme Court to decide that Japan should have jurisdiction over the American alleged to have been responsible for the death of his wife.

"Browbeaten"

At Girard's home town of Ottawa, Illinois, his brother, Mr. Louis Girard, a garage mechanic, commented: "I didn't know anything like that could go on in this country. I didn't think the decision would go that way. Mom didn't either. None of us did."

The New York Daily News said today the Supreme Court decision "could have been foreseen from the browbeating several of the justices dealt Girard's attorneys at the hearing of the case last Monday." -- U.P. | A.P. | Reuter.

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Girard headstone Girard headstone
Mount Hope Cemetery, San Diego
Billion Graves photo by Jim Pack

I suspect that Haru, given her religiosity (and I would guess, partly due to that, the meanings she attached to the marriage and her family), made arrangements for the headstone. If not, then one or both daughters did. Their final street address in California was fairly stable, and their graveyard address will probably not change in the foreseeable future. Linda

Girard case in memoriam

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Girard incident humor

Practically all of Japan's newspapers, the big national dailies which have regional editions, and the local dailies which have much smaller circulations in their home cities, have 4-frame comic strips that may at times be vehicles of political humor. The weekly magazines, though, are more likely to feature a comic strip or two the makes serious levity out social and political issues. The national dailies have also featured political cartoons, but single-frame cartoons are not nearly as common in Japan as in the United States.

At the time of the Girard incident, there were a number of bimonthly and even weekly comic magazines that featured all manner of graphic humor, most of it created in Japan, but also translations of mostly English language cartoons and comic strips. These magazines gave a lot of space to material with sexual and other social themes, but some of the content was political, or can seen in the following representations of the Girard incident.


Yokoyama Taizo's "Kemono"

Kemono Page 25, Yokoyama Taizō, "Tori, sakana, kemono, mono" (Yokoyama Taizō, "Birds, fish, beasts, things") Kemono Page 20, Sōmagahara no higeki: Beihei ni shasatsu sareta dangan-hiroi no shufu (Tragedy at Sōmagahara: Housewife who picked up bullets shot and killed by American soldier)

Kemono Shūkan Shinchō, 18 February 1957 (Volume 2, Number 7, Issue. 54) Cover, Omocha (Toys), Yosha Bunko scans

Yokoyama Taizō (横山泰三 1917-2007) was one of the most prolific and versatile caricaturists during the early postwar decades. He rarely missed an opportunity to incorporate political and social issues into his cartoons and comic strips, which appeared in many magazines and some newspapers.

Here Yokoyama links four very sensitive topical issues. The strip is read, to number each frame, from upper right (1) to upper left (2), then from lower right (3) to lower left (4).

1. "Birds" (鳥 tori) winter on electric cushions (電気座ぶとん denki zabuton). There is an excess of power because of atomic power generation (原子力発電 genshi ryoku hatsuden), the caption says, anticipating the rumored benefits of atomic energy.

Japan promulgated an Atomic Power Basic Law in 1955, and a number of related agencies and companies were formed in 1956 and 1957, and later, to promote research and development. An actual nuclear power generation plant, however, did not begin operating until the 1960s.

2. "Fish" (魚 sakana) are homing in on a hook because "Now is the guided missile (誘導弾 yūdōdan) age". The U.S.-Soviet arms race is in full swing. "ICBM" (intercontinental ballistic missile) is practically a household word.

3. "Beasts" (獣 kemono, hairy thing) are lose in Japan. The one shown here, with a steel pot and rifle, glares at at a woman laying on the ground, embracing a bullet, her eyes closed, inside a barbwire fence posted "Do Not Enter / U.S. Army Maneuvering Grounds". The caption reads "Bullet [shell] picker (弾拾い dan-hiroi) farm woman, shot and killed".

4. In "Things" or "Matters" (物 mono), a male golfer is putting on the green of a hole marked with Japan's Hinomaru flag, held by a woman (perhaps) who has stepped out of an Emperor Jinmu era fashion book. His caddy is similarly dressed in Age of the Gods garb. The caption reads "National Founding Festival (建国祭 Kenkokusai) golf", alluding to the movement, then underway, to re-introduce the celebration of 11 February as the day the legendary Emperor Jinmu established his reign and began conquering the lands that became Japan.

The year Jinmu is supposed to have begun the putatively "unbroken line of imperial descent" down to the present, corresponds to 660 years Before Christ in Christian calendar reckoning. Japan celebrated 1940 as the 2,600th year in the imperial succession. The Allied Powers, when occupying Japan in 1945, abolished the 11 February holiday. Critics saw the movement to re-establish the holiday, after the Occupation ended in 1952 and Japan regained its sovereignty, as an effort to again inculcate belief in the myths that fired the expansionist imagination of Imperial Japan, in which some people worshiped the emperor as a direct lineal descendant of the Sun Goddess. The movement bore fruit in 1965, when 11 February was legally declared National Foundation Day (建国記念の日 Kenkoku kinen no hi). It has been observed since 1966, and as I write this in 2016, half a century later, it does not appear that huge numbers of people take the ostensive purpose of the holiday seriously.

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Yokoyama Taizō's "Girard war"

Girard war Page 38, Yokoyama Taizō, "Puu-san" Girard war Sandee Mainichi, 30 June 1957 (Year 36, Number 26, Issue 1996
Cover, Anzai Kyoko, Yosha Bunko scans

Yokoyama Taizō (横山泰三 1917-2007) is best remembered for his "Puusan" (プーサン) comic strips, which first ran as 4-frame strip in the evening edition of the daily Mainichi shinbun (毎日新聞) from 1951-1953. The comic later ran as a 6-frame 1-page strip in the weekly Shōkan Shinchō (週刊新潮) from 1965-1989. At the time of the Girard incident, however, 6-frame Puusan stories ran in the weekly Sandee Mainichi.

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Matsushita Ichio's "Kaku no kasa"

Manga dokuhon Pages 210-211, Matsushita Ichio, "Kaku no kasa / Oh! Asia" (Nuclear umbrella / Oh! Asia) Manga dokuhon Manga Dokuhon, September 1967 (Volume 14, Number 9)
Cover, Mari Akemi, Yosha Bunko scans

The term "kaku no kasa" (核の傘) refers to the "nuclear umbrella" with which the United States was presumably prepared to protect Japan from attack by the former Soviet Union (USSR) during the cold war. Today the term, though rarely heard, would represent U.S. protection against attack from the Democratic People's Republic of Korea (DPRK) if not the People's Republic of China (PRC).

The comic story to the right, by Matsushita Ichio (松下井知夫 1910-1990), appeared in the September 1967 issue of Manga dokuhon (漫画讀本), the monthly humor magazine published by Bungei Shunjō (文藝春秋). The story appeared at the height of the Vietnam War, when many U.S. military personnel, but also some members of the military forces of other countries fighting on the side of the Republic of Vietnam (South Vietnam) against the Viet Cong and the Democratic Republic of Vietnam (North Vietnam), visited Japan on short Rest and Recuperation (Rest and Recreation, Rape and Rampage) leaves.

Critics of the Japan-U.S. Mutual Security Treaty argued that the alliance, rather than protect Japan, subjected it to the risk of attacks targeting U.S. and Japanese military bases if not also Japanese cities. And critics of the bases had always stressed the deaths and injuries inflicted on civilians by crimes and accidents caused by U.S. Forces personnel and foreign military personnel in Japan that not always subject to trials in Japanese courts.

Matsushita's story features what today would be called "collateral damage" by black humorists. The story features a somewhat paranoid GI firing at what he takes for a Viet Cong, but turns out to be a scarcrow in the rice paddies outside the shack where he was "recreating" with a Japanese woman. I first described this story in a paper I wrote in 1969 when an undergraduate at the University of California at Berkeley. See Japanese "pulp" magazines: Structure, content, and function for details.

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Japan v. Gregory J. Kupski, 1957-1959

Kupski case Earliest report of Kupski case
Pacific Stars and Stripes
22 November 1957, page 8
Kupski case Pacific Stars and Stripes
23 November 1957, page 5
Kupski case Spokane Daily Chronicle
22 November 1957, page 19
(23 November 1957 Japan time)
Kupski case The Milwaukee_Journal
22 November 1957, page 1
(23 November 1957 Japan time)
Kupski case St. Petersburg Times
23 November 1957, page 3A
(24 November 1957 Japan time)
Kupski case Pacific Stars and Stripes
27 November 1957, page 5
Kupski case The Daily Banner
26 November 1957, page 1
(27 November 1957 Japan time)
Kupski case The Panama American
27 November 1957, page 7
(28 November 1957 Japan time)
Kupski case Pacific Stars and Stripes
30 November 1957, page 5
Kupski case Pacific Stars and Stripes
1 December 1957, page 8
Kupski case Pacific Stars and Stripes
3 December 1957, page 8
Kupski case Pacific Stars and Stripes
14 December 1957, page 5
Kupski case Pacific Stars and Stripes
15 December 1957, page 5
Kupski case Pacific Stars and Stripes
8 February 1958, page 5
Kupski case Pacific Stars and Stripes
21 February 1958, page 6
Kupski case The Eugene Guard
20 February 1958, page 2A
Kupski case The Eugene Guard
20 February 1958, page 2A
Kupski case Pacific Stars and Stripes
4 March 1958, page 5
Kupski case Pacific Stars and Stripes
5 March 1958, page 5
Kupski case Pacific Stars and Stripes
25 April 1958, page 5
Kupski case Pacific Stars and Stripes
27 June 1958, page 5
Kupski case Pacific Stars and Stripes
12 December 1958, page 5
Kupski case Pacific Stars and Stripes
14 May 1959, page 8
Kupski case Pacific Stars and Stripes
16 September 1959, page 24
Kupski case Pacific Stars and Stripes
18 September 1959, page 8

Forthcoming.

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Kupski incident time line (1957-1959)

1957

17 November 1957 (Sunday)   Kupski kills Japanese woman early in the morning in a Yokohama alley. He had been with her the previous evening.

22 November 1957 (Friday)Pacific Stars and Stripes reported that "SP3 Gregory J. Kupsky, 23, or Detroit, is being questioned by Japanese and U.S. military police in connection with the death of a Japanese woman here" who was found dead, apparently having been strangled, early Sunday morning [17 November] (see image of article to the right). This is the earliest report of the developing case. The victims name is given as "Kazue Hikawa" and Kupski was said to be stationed at Kishine Barracks.

Kishine Barracks

Kishine Barracks was completed and opened just 6 months before Gregory Kupski was apprehended for the murder of a Yokohama woman. See Kishine Barracks, Yokohama: Life in a medical "communications zone".

23 June 1957 (Saturday)   The Pacific Stars and Stripes reports that "SP3 Gregory J. Kupski Jr., 23, Detroit, confessed he strangled Kazue Hikawa, 25 early Sunday morning [17 November]" (see report to right). The on the evening of 22 June, said a AP wire report that went out the same night from Yokohama. The report made the deadlines of some 22 June edition U.S. papers (see Spokane Daily Chronicle report to right). Otherwise it carried in 23 June editions.

22 June 1957 (Friday)   A "Kupski confessed he strangled to death a 25-year-old Japanese woman" on the evening of 22 June, said a AP wire report that went out the same night from Yokohama. The report made the deadlines of some 22 June edition U.S. papers (see Spokane Daily Chronicle report to right). Otherwise it carried in 23 June editions.

23 November 1957   Served warrant of arrest.

25 November 1957   Army files murder charge.

26 November 1957   Army charges Kupski with strangulation of sailor's Japanese wife.

29 November 1957   Japan has primary in jurisdiction. Will undergo psychiatric examination by miliary.

13 December 1957   Indicted for murder of Japanese woman.


1958

7 February 1957   Pleads innocent in Yokohama District Court.

20 February 1958   Denies killing Japanese woman.

4 March 1958   Court hears testimony from 3 Japanese. Court adjourns until 25 March.

25 March 1958   Trial resumes.

29 March 1958   Kupski's wife will not be summoned as witness.

22 April 1958   Kupski's wife refuses to answer questions in court.

24 April 1958   Kupski had voluntarily confessed to killing woman.

21 May 1958   Witness says Kupski never known to use violence.

26 June 1958   Court rules Kupski guilty of murder and sentences him to 6 years in prison.

10 December 1958   WHAT HAPPENED?


1959

13 May 1959   Appeal court upholds 6-year sentence.

17 September 1959   Arrested in Tokyo. Had escaped custody at Tachikawa Air Base.


Kupski case Associal Press file cards

Kupski AP cards Kupski AP cards Kupski AP cards
Kupski AP cards Kupski AP cards

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Gregory Joseph Kupski and Utako

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Robert Leslie Wescott and Kazue Eikawa

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Kupski case in memoriam

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Other cases of interest

Here I have collected several other cases that dramatize the various ways military personnel and civilians charged with an offense of one or another state's laws, or military codes, were treated under bilateral or multilateral agreements consisting of criteria for determining jurisdiction.

Most of the cases involve foreign military personnel in Japan, and most involve U.S. Forces military personnel. Some cases involve military civilians, and a few involve ordinary civilians. Several cases involve United Nations Forces personnel in Japan, other than Americans, and some cases from the Republic of Korea, the Republic of China, and Germany are also included.

I have organized the cases by the name(s) of the defendant(s) in ABC order, within each of the general affiliation categories. All cases are dated between 1950 and 1959.

The fewer than 50 cases shown here represent only about 1/3rd of 1 percent of the roughly 15,000 cases that were tried by local national or military courts in Japan alone during the 1950s. The main criteria for their selection is serendipity. I just happened to spot articles about them in the same editions of some of the papers that carried reports on the Girard and Kupski cases.

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Cases involving US Forces military personnel in Japan


Boone 1956-1959

Boone 1956-1959

Boone_1956-09-18_PSS_11_Relates_role_in_slaying.jpg Boone_1956-12-10_PSS_09_Trial_to_start.jpg Boone_1957-03-20_The_Daily_Banner_1.jpg Boone_1957-03-21_PSS_11_Court_rules_death.jpg Boone_1957-03-21_The_Panama_American_1.jpg Boone_1957-03-23_PSS_11_Japan_has_precedence.jpg Boone_1957-05-30_PSS_02_Seeks_new_trial.jpg Boone_1957-06-24_The_Cuero_Record_6.jpg Boone_1957-06-25_PSS_05_Court_reviews_case.jpg Boone_1957-03-21_PSS_11_Court_rules_death.jpg

Boone case time line (1956-1959)

1956

30 January 1957   Sakai Naka (坂井なか), the 46-year-old wife of Sakai Akikichi (坂井秋吉) and mother of six, was shot and killed by 21-year-old U.S Army Specialist Third Class William S. Girard (ウィリアム'S'ジラード) within the perimter of the Camp Weir or Sōmogahara (相馬ヶ原) U.S. Army shooting range, near the village of Somō (相馬村), now Shintō village (榛東村), in Gunma prefecture.

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Boone case Shukan Asahi report

Boone Shukan Asahi Covers, pages 1 and 88 Boone Shukan Asahi
Click image for higher resolution scan

Boone case Associated Press file cards

Boone AP cards Boone AP cards Boone cards

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Brubbs 1953

Brubbs 1953

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Butler 1954

Butler 1954

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Chaney 1954

Chaney 1954

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Dennis and Burns 1954

Dennis and Burns 1954

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Grubbs 1954

Grubbs 1954

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Gordon 1957

Gordon 1957

Japanese Press Airs Differences On Plane Death By Jay Axelbank (INS) The Corsicana Daily Sun, Corsicana, Texas Thursday, 8 August 1957, page 10 Gordon_1957-08-08_The_Corsicana_Daily_Sun_10_nc.jpg SAME ARTICLE The Corsicana Semi-Weekly Light, Corsicana, Texas Friday, 9 August 1957, page 13 Gordon_1957-08-09_The_Corsicana_Semi-Weekly_Light_13_nc.jpg The Record-Argus, Greenville, Pennsylvanis Monday, 12 August 1957, page 11 Gordon_1957-08-12_The_Record-Argus_11_nc.jpg The News-Review, Roseburg, Oregon Wednesday, August 14, 1957, page 14 Gordon_1957-08-14_The_News-Review_14_nc.jpg The Sandusky Register, Sandusky, Ohio Friday, August 16, 1957, page 1 Gordon_1957-08-16_The Sandusky_Register_1_nc.jpg Reading Eagle, Reading, Pennsylvania Thursday, 22 August 1957, page 9 Gordon_1957-08-22_Reading_Eagle_9_nc.jpg Star News, Wilmington, North Carolina Wednesday, 21 August 1957, 3 Gordon_1957-08-21_Star_News_3_nc.jpg

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Harvey 1953

Harvey 1953

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Hartman and Morris 1957-1958 Independent, Long Beach, California, Monday, 2 December 1957, page B-6
Tucson Daily Citizen
Tucson, Arizona
Monday, 9 December 1957
Page 5
Hartman and Morris 1957-1958
Lincoln Evening Journal
Lincoln, Nebraska
Thursday, 15 May 1958
Page 10
Hartman and Morris 1957-1958
The Winona Daily News
Winona, Minnesota
Thursday, 20 November 1958
Page 5
Hartman and Morris 1957-1958

Hartman and Morris 1957-1958

Among the many cases involving U.S. Forces defendants that were tired before Japanese courts during the year that the Girard case became a political issue in the United States, the case that received the most attention involved two U.S. Air Force enlisted men who were charged with "wounding through robbery" a taxi driver they hit and refused to pay the fare.

Unlike Girard, who was sentenced to 3 years in prison suspended for 4 years on a charge of causing death through negligence, the two airmen received prison sentences of 3½ and 4 years without suspension.

Girard was 21 at the time of his crime. The two airmen were 20.

Belli and Jones on Hartman-Morris incident (5 May 1957)

Attorneys Melvin M. Belli and Danny R. Jones devoted Chapter 13 of their 1960 book, Belli Looks at Life and Law in Japan, to the subject of "Japanese Courts". The centerpiece of the chapter is their very detailed account of their visit in August 1957 to the Yokohama District Court to observe the trial of the two airmen, Hartman and Philip W. Morris. The chapter includes a 2-page representation of the indictment in the case, which is dated 27 May 1957.

The following text in blue is my transcription of the indictment as it appears in the Belli and Jones 1960 (pages 168-169). The book shows the text entirely single-spaced, but I have inserted line breaks to improve readability. The italics are according the book.

INDICTMENT

27 May 1957

TO: Yokohama District Court
FROM: Masao Hoshi, Public Procurator, Yokohama District, Public Procurator's office [sic = Office]

Indictment is hereby brought against the following named accused, regarding a case of wounding through robbery and a public trial is requested:

Name: Andrew N. Harman, Jr.
Rank: A/2c (AF 14562233)
Date of Birth: 14 December 1936
Organization: Det 2, 6920th Security Wing
Nationality: U.S.A.

Name Philip W. Morris
Rank: A/3c (AF 17439399)
Date of Birth: 24 March 1937
Organization: Same as above
Nationality: Same as above

Summary of Offense:

    The accused, A. H. and P. M., in conspiracy with each other, attempted to take money by force. At approximately 8:25 P.M., 5 May 1957, they took a taxi, driven by S--I-- (26 years old) in the vicinity of No. 23, 1-chome, Isezaki-cho, Naka-ku, Yokohama-shi. At approximately 8:30 P.M. of the same date, when approaching the road, No. 95, 2-chome, Ueno-machi, Naka-ku, Yokohama-shi, H ordered the driver to stop the taxi and suddenly assaulted the said S by striking him on the back of his head several times with an empty beer bottle, which was in the accused's possession. M attacked him from behind, with a stranglehold about his neck. Thus the accused kept down the said S7s resistance and attempted to take money by force. However, the said S shouted loudly and got away from the scene before the accused could accomplish their purpose. As a result of the assault stated above, S sustained a bruise on the left side of his head and a contusion on the right side of his head, requiring 10 days' medical treatment before complete recovery.

    Charge: Wounding through robbery
    Applicable Law: Criminal Code Article 240
                    Criminal Code Article  60

A Certified True Copy:

On the same date.
Yasutaro Iwasawa (Sealed)
Clerk of Yokohama Public Procurator's Office

TRANSLATED BY: YASUE UEMURA (signed)
                  Translator
                  Office of the Steaff Judge Advocate
                  Shiroi Air Base, APO 73

Belli and Jones on "Oriental mathematical calculations"

Belli and Jones wax long and stereotypical about value of "property" versus "human life" in the mystical "Orient" (Belli and Jones 1960, page 171, italics in original).

These two boys [Hartman and Morris] faced a more serious sentence than did William Girard. Girard's alleged offense was against a human being only. But robbery violates property. In the Orient, property is, in most instances, more valuable than life.

These allegations echo the stereotypes that prevailed during the Pacific War among the Allied Powers regarding what they considered a disregard for the value of life among Japanese. They also echo the wrongness of many of the arguments advanced in legal briefs and newspaper editorials in the United States objecting to the trial of U.S. Forces personnel in Japanese or other foreign courts. At times they recognize the relativity of national legal systems, but they generally regard the sort of justice meted out by American courts -- such as federal, state, and military courts can be reduced to "American courts" -- as superior. The putative superiority appears to stem from the perception that defendants in American courts are treated "constitutionally". Japanese law is seen as "inferior" because it doesn't abide by the principles of justice set down in the U.S. Constitution.

Essential difference in Girard and Hartman-Morris cases

The most important difference in the charges levied against Girard on the one hand, and Hartman and Morris on the other, is that the Maebashi procurator (prosecutor) viewed Girard as having caused someone's death through carelessness (Article 210), not in the course of committing another crime, much less with the intent to harm the person he inadvertently killed. Whereas the Yokohama procurator regarded Hartman and Morris as having conspired as "co-principles" (Article 60) to injure a man in the course of attempting to rob him (Article 240).

RESUME REVISE

What Girard did was a crime under the laws of Japan. But it was not the sort of crime that involved an attempt to harm someone. The Hartman-Morris case was not about property. It was about criminal intent to harm.one of the "Crimes of Homicide" defined by Japan's Penal Code at the time, which included the following offenses (The Criminal Code of Japan, As Amended in 1954, and The Minor Offenses Law of Japan, translated by Thomas L. Blackmore, LL.B., Rutland, Vermont and Tokyo, Japan: Charles E. Tuttle Company, 1950, Second edition (revised), October 1954, pages 44-47, 126-133, 148-153).

THE CRIMINAL CODE OF JAPAN

As Amended in 1954


Chapter XI
Complicity

Article 60 (Co-principals) Hartman and Morris
Article 61 (Instigators)
Article 62 (Accessories)
Article 63 (Punishment of Accessories)
Article 64 (Complicity in Lesser Crimes)
Article 64 (Complicity and Status)


Chapter XXVI
Crimes of Homicide

Article 199 (Homicide)
Article 200 (Killing an Ascendant)
Article 201 (Preparation)
Article 202 (Participation in Suicide)
Article 203 (Attempts)

Chapter XXVII
Crimes of Inflicting Bodily Injury

Article 204 (Inflicting Bodily Injury)
Article 205 (Death Resulting from Bodily Injury)
Article 206 (Abetting Bodily Injury)
Article 207 (Bodily Injury Inflicted by Co-principal)
Article 208 (Violence)

Chapter XXVIII
Crimes of Inflicting Bodily Injury through Negligence

Article 209 (Inflicting Bodily Injury through Negligence)
Article 210 (Death through Negligence) Girard
Article 211 (Death or Bodily Injury through Professional Negligence)


Chapter XXXVI
Crimes of Larceny and Robbery

Article 235 (Larceny)
Article 236 (Robbery)
Article 237 (Preparations for Robbery)
Article 238 (Quasi-robbery)
Article 239 (Robbery through Unconciousness)
Article 240 (Death or Wounding through Robbery) Hartman and Morris
Article 241 (Robbery and Rape: Death Resulting Therefrom)
Article 242 (One's Own Property)
Article 243 (Attempts)
Article 244 (Larceny between Relatives)
Article 245 (Electricity)

Hartman and Morris

Andrew N. Hartman, Jr., was born in Hogansville, Georgia, on 13 December 1936 according to genealogical records. He married in Alabama in 1964 and passed away on 19 October 2015 in Fortson, Iowa.

Philip W. Morris was born in North Platte, Lincoln County, Nebraska on 24 March 1937 and died in North Platte on 1 June 2014. An obituary says he graduated from high school in 1955 and married the same year. In 1960, the family moved to Denver, Colorado, where he pursued a career in aviation and became an aircraft mechanic. They returned to North Platte in 1974, and in 2002 he retired from the Union Pacific Railroad as a conductor, which his father had been. He is buried in Floral Lawns Memorial Gardens in North Platte.

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Hill and others 1950

Hill and others 1950

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Hotalen 1956

Hotalen 1956

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Jaramilo and Ray 1954

Jaramilo and Ray 1954

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Maier and Eubanks 1954

Maier and Eubanks 1954

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Hartman and Morris 1957-1958
Hartman and Morris 1957-1958
Hartman and Morris 1957-1958

Makarenko and Germait 1954-1956

May and others 1955-1956

By no later than 1955, two years after th 1953 Administrative Agreen came into effect, attorneys were challenging clauses which recognized that Japan's courts had jurisdiction in all incidents involving U.S. Forces personnel in Japan, ourside U.S. military facilities and when off-duty. There had already been thousands of such cases in which Japan had waived its jurisdiction for a variety of reasons, and hundreds of cases in which Japan proceded to try the accused personnel in its courts, under and applying its laws.

The RESUME

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McCauley 1961

McCauley 1961

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Merideth and Pherigo 1958

Merideth and Pherigo 1958

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Merten 1956-1958

Merten 1956-1958

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Overton 1953

Overton 1953

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Pherigo 1956-1958

Pherigo 1956-1958

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Ranniger 1954-1955

Ranniger 1954-1955

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Sasebo brig guards 1957

Sasebo brig guards 1957

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Scharber 1954

Scharber 1954

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Staford 1957
Staford 1957

Staford 1957

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Sturdivent and Maehara 1950

Sturdivent and Maehara 1950

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Scott and Crews 1954

Scott and Crews 1954

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Seal and others 1954

Seal and others 1954

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Shiff and Griffin 1954

Shiff and Griffin 1954

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Sigourney 1955

Sigourney 1955

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US Forces civilians


Carter 1950

Carter 1950

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Hammer 1955

Hammer 1955

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Rubenstein 1953

Rubenstein 1953

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Other US civilians in Japan


Booth 1957

Booth 1957

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Buda 1954

Buda 1954

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Crowley Chicago Daily Tribune
10 June 1958, page 18

Crowley 1958

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Japanese civilians


Toyoda 1951 Toyoda 1951

Toyoda 1951

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British Commonweath Forces in Japan


Japan v. Graham Nicholls, 1953-1958

Japanese court trial of British rapist

Crimes are acts by individuals, not nationalities. British and other forces in Occupied Japan committed their share of violations of Allied regulations and Japanese laws. And they were subject to the same rules of court jurisdiction that applied to U.S. nationality soldiers and civilians and to Japanese nationals.

However, offenders were subject to different court jurisdictions depending on their service affiliation. A Japanese or British national serving as a member of the U.S. Armed Forces would be subject to agreements between Japan and the United States, and his affiliation with the U.S. Army, Navy, or Air Force, rather than his nationality. An American or Japanese national serving with the British Commonwealth Forces would have been subject to court jurisdiction rules agreed to between Japan and the United Kingdom representing the Commonwealth.

Thomas 1959 Thomas 1959 Panther cover Thomas 1959 Panther cover Thomas 1959 Panther cover Thomas 1959 Panther back
Spine and cover, and front and back flaps, of dustjacket of 1959 Cassell hardcover edition
Yosha Bunko scans
Cover and back of 1960 Panther paperback edition
Yosha Bunko scans

Graham Nicholls, a signalman in a British infantry unit in Korea during the Korean War, found out about how justice worked in Japan the hard way -- according to his biographers, Gordon Thomas and Ronald Hutchinson, writing in 1959 half a decade after Nicholls was tried and convicted of raping a Japanese woman while he was on leave in Japan.

Gordon Thomas and Ronald Hutchinson
Turn by the Window
The Trial and Imprisonment in Japan of Signalman Graham Nicholls
London: Cassell and Company, 1959
208 pages, hardcover
London: Panther, 1960
208 pages, paperback (Panther 1140)

The Occupation of Japan was a year over when Nicholls came to Japan in the spring of 1953 for a week of recreational leave. The authors, in their Foreword, make the following statement, which has elements of an anti-Japanese tone I find more often in contemporary British commentary on the Pacific War than in American writing (pages 9-10).

General MacArthur was responsible for the immense power the Japanese police now hold over foreign nationals. In October 1950 he announced that all British and other nationals would be subject to the Japanese courts in criminal cases.

accounts from the period than in U.S.

It is worth examining this in some length. The head of MacArthur's legal section praised the Supreme Commander's announcement in these words: 'It is in keeping with the present policy of returning to the Japanese Government as much responsibility and authority as is consistent with the objectives of the occupation. It is an expression of the faith in the legal, judicial, and police institutions which the Japanese people have adopted. It represents a firm belief in the ability of the Japanese Government to accept and execute responsibility impartially, fairly, and with justice.'

In five years [since 1945], MacArthur the trouble-shooter, who had stood in the centre of Tokyo and told the world that never again would Japan have any power over the Western world, had become MacArthur the peace-maker and power-giver.

But he had not finished yet with his Japanese friends. A few of them whispered in his ear that the occupation troops were troublesome. MacArthur acted with characteristic speed -- and rashness. He gave the Japanese police power to arrest any Allied solider who, after interrogation, was to be handed over to the Military Police.

This -- just five years after the Death Railway [Burma Railway], Changi Jail [in Singapore] and the rest of the Japanese barbarities towards Allied servicemen! And a few days before MacArthur invested the police with this new power, one of his senior army lawyers had announced that 'never has a country been occupied so peacefully.'

In October 1953 [sic = 1950] came his [MacArthur's] final move of appeasement.

The "October 1953" allegation leads the blub on front flap of the dust jacket. Of course it makes no sense. On 11 April 1951, U.S. President Harry S. Truman relieved MacArthur of his posts as SCAP in Occupied Japan, and as the Commander-in-Chief, United Nations Command (CICUNC) in Korea. 6 days later, MacArthur left Japan and never returned, much less had a say in its affairs. The Allied Occupation of Japan ended on 28 April 1952, from which day Japan resumed its status as a sovereign state, which as such had an absolute right to try in its own courts anyone arrested and charged for an offense within its jurisdiction. And the Korean War ended when the Armistice was signed on 27 July 1953.

He persuaded the British Commonwealth representatives to sit round a conference table with the Japanese and reach complete agreement which gave the Japanese total rights over Allied forces occupying th country. The Japanese could thus try servicemen for any crimes committed outside their bases. Servicemen and their dependents became subject to arrest by Japanese police. They could be held in jail for forty-eight hours without being charged, and up to twenty-three days without being indicted. On both points, Graham Nicholls was held for much longer periods. Servicemen could be -- and are -- tried by a Japanese court, without a jury, with selected defence counsel, and their only appeal is to be Japanese Supreme Court -- which has never found in favour of a defendant!

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Smith and Stinner 1952

Smith and Stinner 1952

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Other UN Forces in Japan


Esguterra 1955

Esguterra 1955

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Van der Bol and Kelders 1955

Van der Bol and Kelders 1955

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US Forces in the Republic of China


Reynolds 1956-1957

Reynolds 1956-1957

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US Forces in the Republic of Korea

Mills 1957

Mills 1957

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Ransom 1953-1957

Ransom 1953-1957

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US Forces personnel in Germany


Gorham 1955

Gorham 1955

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Status of Forces Agreement (SOFA)

The Girard and Kupski cases occurred during the period that the original Status of Forces agreement was in effect. The relevant articles are as follows.

For the purpose of contributing to the security of Japan and the maintenance of international peace and security in the Far East, the United States of America is granted the use by its land, air and naval forces of facilities and areas in Japan. The use of these facilities and areas as well as the status of United States armed forces in Japan shall be governed by a separate agreement, replacing the Administrative Agreement under Article III of the Security Treaty between Japan and the United States of America, signed at Tokyo on February 28, 1952, as amended, and by such other arrangements as may be agreed upon.

28 April 1952

28 April 1952 was of course the date on which most terms of the San Francisco Peace Treaty came into effect. The Allied Occupation of Japan formally ended and Japan regained its sovereignty. During the Occupation, Japan was legally a protectorate of the Allied Powers. As the occupying authority, the Allied Powers -- meaning mainly the United States -- were responsible for the defense of Japan. From the day the Occupation ended, however, Japan became responsible for its own defense.

The Mutual Security Treaty in effect continued to permit the United States to maintain in Japan the military forces it had stationed there as part of the Allied Forces. At the beginning of the Occupation, several of the Allied Powers stationed military forces in Japan for security purposes, but most withdrew their forces within the first or second year of the Occupation. The United States also withdrew or deactivated some of its units fairly early in the Occupation, but kept substantion forces in Japan until 1949.

In 1948, the Republic of Korea (ROK) was established in the South Korea (Chosen) occupation zone on the peninsula, thus ending the U.S. Army Military Government in Korea and the U.S. Occupation of the territory south of the 39th parallel. The United States, having recognized ROK in early 1949, began to demobilize its forces on the peninsula, as well as in Japan.

The start of the Korean War took the United States by surprise, and the war provoked a remobilization of forces to Korea, including some of the forces which had remained in Japan. U.S. bases in Japan were reinforced for the purpose of supporting the war on the peninsula.

The Korean War was at its peak when Japan and the United States negotiated the Mutual Security Treaty in 1951, and was still going on when the treaty came into effect in 1952. There was strong oppositon to the treaty in Japan in 1951, as Japanese were looking forward the end of the Occupation. For most people, this implied the departure of all Occupation Forces from Japan -- i.e., the closure of U.S. military bases. By the end of the 1950s, when renewal of the treaty came up for review, opposition to renewing it in 1960 was even stronger.

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1952 Status of Forces Agreement

In San Francisco, on 8 September 1951, after Japan and the Allied Powers signed the Treaty of Peace with Japan, Japan and the United States, in a separate ceremony, signed (1) the "Treaty of Mutual Cooperation and Security Between Japan and the United States of America" and (2) the realted "Agreement Under Article VI of the Treaty of Mutual Cooperation and Security Between Japan and the United States of America, Regarding Facilities and Areas and the Status of United States Armed Forces in Japan".

The treaty and agreement are more commonly referred to as simply the Mutual Security Treaty (MST) and the Status of Forces Agreement (SOFA). The order of states is "Japan-U.S." in the Japanese versions and "U.S.-Japan" in the U.S. versions.

The 1951 treaty and agreement were ratified by the United States Senate on 20 March 1952 and signed by the President of the United States on 15 April 1952. They were also ratified in Japan, and instruments of ratification were exchanged on 28 April 1952, from which date the treaty and the agreement came into effect.

The 1952 Status of Forces Agreement stemmed from Article III of the 1952 Mutual Security Treaty, which provided that "The conditions which shall govern the disposition of armed forces of the United States of America in and about Japan shall be determined by administrative agreements between the two Governments."

The following table shows the entire text of the English version of 1952 Status of Forces Agreement as posted from "The World and Japan" Database Project (データベース「世界と日本」at the Institute of Oriental Culture, University of Tokyo (東京大学東洋文化研究所). The database is part of the Database of Japanese Politics and International Relations (日本政治'国際関係データベース), which is overseen by the research group (seminar room) of Tanaka Akihiko (田中明彦).

The database also includes the Japanese version. The original source of both versions are Japan's Foreign Relations, Basic Document, Volume 1, pages 472-502 (日本外交主要文書'年表 (1), 472-502頁), in Joyakushu [Treaty collections], Collection 30, Volume 11 (条約集第30集第11巻).

I slightly reformatted the received text. The indentations and bold mark-up, and all [bracketed comments] and color highlighting, are mine.

1952 Status of Forces Agreement

Administrative Agreement under Article III of the Security Treaty between the United States of America and Japan

Tokyo, February 28, 1952

PREAMBLE

Whereas the United States of America and Japan on September 8, 1951, signed a Security Treaty which contains provisions for the disposition of United States land, air and sea forces in and about Japan;

And whereas Article III of that Treaty state that the conditions which shall govern the disposition of the armed forces of the United States in and about Japan shall be determined by administrative agreements between the two Governments;

And whereas the United States of America and Japan are desirous of concluding practical administrative arrangements which will give effect to their respective obligations under the Security Treaty and will strengthen the close bonds of mutual interest and regard between their two peoples;

Therefore, the Governments of the United States of America and of Japan have entered into this Agreement in terms as set forth below:

ARTICLE I

In this Agreement the expression

(a) "members of the United States armed forces" means the personnel on active duty belonging to the land, sea or air armed services of the United States of America when in the territory of Japan.

(b) "civilian component" means the civilian persons of United States nationality who are in the employ of, serving with, or accompanying the United States armed forces in Japan, but excludes persons who are ordinarily resident in Japan or who are mentioned in paragraph 1 of Article XIV. For the purposes of this Agreement only, dual nationals, United States and Japanese, who are brought to Japan by the United States shall be considered as United States nationals.

"For the purposes of this Agreement only, dual nationals, United States and Japanese, who are brought to Japan by the United States shall be considered as United States nationals" reflects この協定のみの適用上、合衆国及び日本国の二重国籍者で合衆国が日本国に入れたものは、合衆国国民とみなす in the Japanese version. Strictly speaking, 合衆国国民 should be "United States citizens/nationals" since the United States defines two classes of nationality, its passports refer to the holder possess its "nationality" as a "citizen/nation" of the United States. See comments on "dual nationality" and the ordering of the nationalities in this definition of "dual nationals" in the section on the 1960 Status of Forces Agreement below.

(c) "dependents" means

(1) Spouse, and children under 21 ;

(2) Parents, and children over 21, if dependent for over half their support upon a member of the United States armed forces or civilian component.

ARTICLE II

1. Japan agrees to grant to the United States the use of the facilities and areas necessary to carry out the purposes stated in Article I of the Security Treaty. Agreements as to specific facilities and areas, not already reached by the two Governments by the effective date of this Agreement, shall be concluded by the two Governments through the Joint Committee provided for in Article XXVI of this Agreement. "Facilities and areas" include existing furnishings, equipment and fixtures necessary to the operation of such facilities and areas.

2. At the request of either party, the United States and Japan shall review such arrangements and may agree that such facilities and areas shall be returned to Japan or that additional facilities and areas may be provided.

3. The facilities and areas used by the United States armed forces shall be returned to Japan whenever they are no longer needed for purposes of this Agreement, and the United States agrees to keep the needs for facilities and areas under continual observation with a view toward such return.

4. (a) When facilities and areas such as target ranges and maneuver grounds are temporarily not being used by the United States armed forces, interim use may be made by Japanese authorities and nationals provided that it is agreed that such use would not be harmful to the purposes for which the facilities and areas are normally used by the United States armed forces.

(b) With respect to such facilities and areas as target ranges and maneuver grounds which are to be used by United States armed forces for limited periods of time, the Joint Committee shall specify in the agreements covering such facilities and areas the extent to which the provisions of this Agreement shall apply.

ARTICLE III

1. The United States shall have the rights, power and authority within the facilities and areas which are necessary or appropriate for their establishment, use, operation, defense or control. The United States shall also have such rights, power and authority over land, territorial waters and airspace adjacent to, or in the vicinities of such facilities and areas, as are necessary to provide access to such facilities and areas for their support, defense and control. In the exercise outside the facilities and areas of the rights, power and authority granted in this Article, there should be, as the occasion requires, consultation between the two Governments through the Joint Committee.

2. The United States agrees that the above-mentioned rights, power and authority will not be exercised in such a manner as to interfere unnecessarily with navigation, aviation, communication, or land travel to or from or within the territories of Japan. All questions relating to frequencies, power and like matters used by apparatus employed by the United States designed to emit electric radiation shall be settled by mutual arrangement. As a temporary measure the United States armed forces shall be entitled to use, without radiation interference from Japanese sources, electronic devices of such power, design, type of emission, and frequencies as are reserved for such forces at the time this Agreement becomes effective.

3. Operations in the facilities and areas in use by the United States armed forces shall be carried on with due regard for the public safety.

ARTICLE IV

1. The United States is not obliged, when it returns facilities and areas to Japan on the expiration of this Agreement or at an earlier date, to restore the facilities and areas to the condition in which they were at the time they became available to the United States armed forces, or to compensate Japan in lieu of such restoration.

2. Japan is not obliged to make any compensation to the United States for any improvements made in the facilities and areas or for the buildings or structures left thereon on the expiration of this Agreement or the earlier return of the facilities and areas.

3. The foregoing provisions shall not apply to any construction which the United States may undertake under special arrangements with Japan.

ARTICLE V

1. United States and foreign vessels and aircraft operated by, for, or under the control of the United States for official purposes shall be accorded access to any port or airport of Japan free from toll or landing charges. When cargo or passengers not accorded the exemptions of this Agreement are carried on such vessels and aircraft, notification shall be given to the appropriate Japanese authorities, and such cargo or passengers shall be entered according to the laws, and regulations of Japan.

2. The vessels and aircraft mentioned in paragraph 1, United States Government-owned vehicles including armor, and members of the United States armed forces, the civilian component, and their dependents shall be accorded access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports of Japan.

3. When the vessels mentioned in paragraph 1 enter Japanese ports, appropriate notification shall, under normal conditions, be made to the proper Japanese authorities. Such vessels shall have freedom from compulsory pilotage, but if a pilot is taken pilotage shall be paid for at appropriate rates.

ARTICLE VI

1. All civil and military air traffic control and communications systems shall be developed in close coordination and shall be integrated to the extent necessary for fulfillment of collective security interests. Procedures, and any subsequent changes thereto, necessary to effect this coordination and integration will be established by mutual arrangement.

2. Lights and other aids to navigation of vessels and aircraft placed or established in the facilities and areas in use by United States armed forces and in territorial waters adjacent thereto or in the vicinity thereof shall conform to the system in use in Japan. The United States and Japanese authorities which have established such navigation aids shall notify each other of their positions and characteristics and shall give advance notification before making any changes in them or establishing additional navigation aids.

ARTICLE VII

The United States armed forces shall have the right to use all public utilities and services belonging to, or controlled or regulated by the Government of Japan, and to enjoy priorities in such use, under conditions no less favorable than those that may be applicable from time to time to the ministries and agencies of the Government of Japan

ARTICLE VIII

The Japanese Government undertakes to furnish the United States armed forces with the following meteorological services under present procedures, subject to such modifications as may from time to time be agreed between the two Governments or as may result from Japan's becoming a member of the International Civil Aviation Organization or the World Meteorological Organization:

(a) Meteorological observations from land and ocean areas including observations from weather ships assigned to positions known as "X" and "T".

(b) Climatological information including periodic summaries and the historical data of the Central Meteorological Observatory.

(c) Telecommunications service to disseminate meteorological information required for the safe and regular operation of aircraft.

(d) Seismographic data including forecasts of the estimated size of tidal waves resulting from earthquakes and areas that might be affected thereby.

ARTICLE IX

1. The United States shall have the right to bring into Japan for purposes of this Agreement persons who are members of the United States armed forces, the civilian component, and their dependents.

2. Members of the United States armed forces shall be exempt from Japanese passport and visa laws and regulations. Members of the United States armed forces, the civilian component, and their dependents shall be exempt from Japanese laws and regulations on the registration and control of aliens, but shall not be considered as acquiring any right of permanent residence or domicile in the territories of Japan.

3. Upon entry into or departure from Japan members of the United States armed forces shall be in possession of the following documents:

(a) personal identity card showing name, date of birth, rank and number, service, and photograph; and

(b) individual or collective travel order certifying to the status of the individual or group as a member or members of the United States armed forces and to the travel ordered.

For purposes of their identification while in Japan, members of the United States armed forces shall be in possession of the foregoing personal identity card.

4. Members of the civilian component, their dependents, and the dependents of members of the United States armed forces shall be in possession of appropriate documentation issued by the United States authorities so that their status may be verified by Japanese authorities upon their entry into or departure from Japan, or while in Japan.

5. If the status of any person brought into Japan under paragraph 1 of this Article is altered so that he would no longer be entitled to such admission, the United States authorities shall notify the Japanese authorities and shall, if such person be required by the Japanese authorities to leave Japan, assure that transportation from Japan will be provided within a reasonable time at no cost to the Japanese Government.

ARTICLE X

1. Japan shall accept as valid, without a driving test or fee, the driving permit or license or military driving permit issued by the United States to a member of the United States armed forces, the civilian component, and their dependents.

2. Official vehicles of the United States armed forces and the civilian component shall carry distinctive numbered plates or individual markings which will readily identify them.

3. Privately owned vehicles of members of the United States armed forces, the civilian component, and their dependents shall carry Japanese number plates to be acquired under the same conditions as those applicable to Japanese nationals.

ARTICLE XI

1. Save as provided in this Agreement, members of the United States armed forces, the civilian component, and their dependents shall be subject to the laws and regulations administered by the customs authorities of Japan.

2. All materials, supplies and equipment imported by the United States armed forces, the authorized procurement agencies of the United States armed forces, or by the organizations provided for in Article XV, for the official use of the United States armed forces or for the use of the members of the United States armed forces, the civilian component, and their dependents, and materials, supplies and equipment which are to be used exclusively by the United States armed forces or are ultimately to be incorporated into articles or facilities used by such forces, shall be permitted entry into Japan; such entry shall be free from customs duties and other such charges. Appropriate certification shall be made that such materials, supplies and equipment are being imported by the United States armed forces, the authorized procurement agencies of the United States armed forces, or by the organizations provided for in Article XV, or, in the case of materials, supplies and equipment to be used exclusively by the United States armed forces or ultimately to be incorporated into articles or facilities used by such forces, that delivery thereof is to be taken by the United States armed forces for the purposes specified above.

3. Property consigned to and for the personal use of members of the United States armed forces, the civilian component, and their dependents, shall be subject to customs duties and other such charges, except that no duties or charges shall be paid with respect to:

(a) Furniture and household goods for their private use imported by the members of the United States armed forces or civilian component when they first arrive to serve in Japan or by their dependents when they first arrive for reunion with members of such forces or civilian component, and personal effects for private use brought by the said persons upon entrance.

(b) Vehicles and parts imported by members of the United States armed forces or civilian component for the private use of themselves or their dependents.

(c) Reasonable quantities of clothing and household goods of a type which would ordinarily be purchased in the United States for everyday use for the private use of members of the United States armed forces, civilian component, and their dependents, which are mailed into Japan through United States military post offices.

4. The exemptions granted in paragraphs 2 and 3 shall apply only to cases of importation of goods and shall not be interpreted as refunding customs duties and domestic excises collected by the customs authorities at the time of entry in cases of purchases of goods on which such duties and excises have already been collected.

5. Customs examination shall not be made in the following cases:

(a) Units and members of the United States armed forces under orders entering or leaving Japan;

(b) Official documents under official seal;

(c) Mail in United States military postal channels and military cargo shipped on a United States Government bill of lading.

6. Except as such disposal may be authorized by the Japanese and United States authorities in accordance with mutually agreed conditions, goods imported into Japan free of duty shall not be disposed of in Japan to persons not entitled to import such goods free of duty.

7. Goods imported into Japan free from customs duties and other such charges pursuant to paragraphs 2 and 3, may be re-exported free from customs duties and other such charges.

8. The United States armed forces, in cooperation with Japanese authorities, shall take such steps as are necessary to prevent abuse of privileges granted to the United States armed forces, members of such forces, the civilian component, and their dependents in accordance with this Article.

9. (a) In order to prevent offenses against laws and regulations administered by the customs authorities of the Japanese Government, the Japanese authorities and the United States armed forces shall assist each other in the conduct of inquiries and the collection of evidence.

(b) The United States armed forces shall render all assistance within their power to ensure that articles liable to seizure by, or on behalf of, the customs authorities of the Japanese Government are handed to those authorities.

(c) The United States armed forces shall render all assistance within their power to ensure the payment of duties, taxes, and penalties payable by members of such forces or of the civilian component, or their dependents.

(d) Vehicles and articles belonging to the United States armed forces seized by the customs authorities of the Japanese Government in connection with an offense against its customs or fiscal laws or regulations shall be handed over to the appropriate authorities of the force concerned.

ARTICLE XII

1. The United States shall have the right to contract for any supplies or construction work to be furnished or undertaken in Japan for purposes of, or authorized by, this Agreement, without restriction as to choice of supplier or person who does the construction work.

2. Materials, supplies, equipment and services which are required from local sources for the maintenance of the United States armed forces and the procurement of which may have an adverse effect on the economy of Japan shall be procured in coordination with, and, when desirable, through or with the assistance of, the competent authorities of Japan.

3. Materials, supplies, equipment and services procured for official purposes in Japan by the United States armed forces, or by authorized procurement agencies of the United States armed forces upon appropriate certification shall be exempt from the following Japanese taxes:

(a) Commodity tax

(b) Travelling tax

(c) Gasoline tax

(d) Electricity and gas tax

Materials, supplies, equipment and services procured for ultimate use by the United States armed forces shall be exempt from commodity and gasoline taxes upon appropriate certification by the United States armed forces. With respect to any present or future Japanese taxes not specifically referred to in this Article which might be found to constitute a significant and readily identifiable part of the gross purchase price of materials, supplies, equipment and services procured by the United States armed forces, or for ultimate use by such forces, the two Governments will agree upon a procedure for granting such exemption or relief there from as is consistent with the purposes of this Article.

4. Local labor requirements of the United States armed forces or civilian component shall be satisfied with the assistance of the Japanese authorities.

5. The obligations for the withholding and payment of income tax and of social security contributions, and, except as may otherwise be mutually agreed, the conditions of employment and work, such as those relating to wages and supplementary payments, the conditions for the protection of workers, and the rights of workers concerning labor relations shall be those laid down by the legislation of Japan.

6. Members of the civilian component shall not be subject to Japanese laws or regulations with respect to terms and conditions of employment.

7. Neither members of the United States armed forces, civilian component, nor their dependents, shall by reason of this Article enjoy any exemption from taxes or similar charges, relating to personal purchases of goods and services in Japan chargeable under Japanese legislation.

8. Except as such disposal may be authorized by the Japanese and United States authorities in accordance with mutually agreed conditions, goods purchased in Japan exempt from the taxes referred to in paragraph 3, shall not be disposed of in Japan to persons not entitled to purchase such goods exempt from such tax.

ARTICLE XIII

1. The United States armed forces shall not be subject to taxes or similar charges on property held, used or transferred by such forces in Japan.

2. Members of the United States armed forces, the civilian component, and their dependents shall not be liable to pay any Japanese taxes to the Japanese Government or to any other taxing agency in Japan on income received as a result of their service with or employment by the United States armed forces, or by the organizations provided for in Article XV. The provisions of this Article do not exempt such persons from payment of Japanese taxes on income derived from Japanese sources, nor do they exempt United States citizens who for United States income tax purposes claim Japanese residence from payment of Japanese taxes on income. Periods during which such persons are in Japan solely by reason of being members of the United States armed forces, the civilian component, or their dependents shall not be considered as periods of residence or domicile in Japan for the purpose of Japanese taxation.

3. Members of the United States armed forces, the civilian component, and their dependents shall be exempt from taxation in Japan on the holding, use, transfer inter se, or transfer by death of movable property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided that such exemption shall not apply to property held for the purpose of investment or the conduct of business in Japan or to any intangible property registered in Japan. There is no obligation under this Article to grant exemption from taxes payable in respect of the use of roads by private vehicles.

ARTICLE XIV

1. Persons, including corporations organized under the laws of the United States, and their employees who are ordinarily resident in the United States and whose presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces shall, except as provided in this Article, be subject to the laws and regulations of Japan.

2. Upon certification by appropriate United States authorities as to their identity, such persons and their employees shall be accorded the following benefits of this Agreement:

(a) Rights of accession and movement, as provided for in Article V, paragraph 2;

(b) Entry into Japan in accordance with the provisions of Article IX;

(c) The exemption from customs duties, and other such charges provided for in Article XI, paragraph 3, for members of the United States armed forces, the civilian component, and their dependents;

(d) If authorized by the United States Government, the right to use the services of the organizations provided for in

(e) Those provided for in Article XIX, paragraph 2, for members of the armed forces of the United States, the civilian component, and their dependents;

(f) If authorized by the United States Government, the right to use military payment certificates, as provided for in Article XX ;

(g) The use of postal facilities provided for in Article XXI;

(h) Exemption from the laws and regulations of Japan with respect to terms and conditions of employment.

3. Such persons and their employees shall be so described in their passports and their arrival, departure and their residence while in Japan shall from time to time be notified by the United States armed forces to the Japanese authorities.

4. Upon certification by an authorized officer of the United States armed forces depreciable assets except houses, held, used, or transferred, by such persons and their employees exclusively for the execution of contracts referred to in paragraph 1 shall not be subject to taxes or similar charges of Japan.

5. Upon certification by an authorized officer of the United States armed forces, such persons and their employees shall be exempt from taxation in Japan on the holding, use, transfer by death, or transfer to persons or agencies entitled to tax exemption under this Agreement, of movable property tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided that such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in Japan. There is no obligation under this Article to grant exemption from taxes payable in respect of the use of roads by private vehicles.

6. The persons and their employees referred to in paragraph 1 shall not be liable to pay income or corporation taxes to the Japanese Government or to any other taxing agency in Japan on any income derived under a contract made in the United States with the United States Government in connection with the construction, maintenance or operation of any of the facilities or areas covered by this Agreement. The provisions of this paragraph do not exempt such persons from payment of income or corporation taxes on income derived from Japanese sources, nor do they exempt such persons and their employees who, for United States income tax purposes, claim Japanese residence, from payment of Japanese taxes on income. Periods during which such persons are in Japan solely in connection with the execution of a contract with the United States Government shall not be considered periods of residence or domicile in Japan for the purposes of such taxation.

7. Japanese authorities shall have the primary right to exercise jurisdiction over the persons and their employees referred to in paragraph 1 of this Article in relation to offenses committed in Japan and punishable by the law of Japan. In those cases in which the Japanese authorities decide not to exercise such jurisdiction they shall notify the military authorities of the United States as soon as possible. Upon such notification the military authorities of the United States shall have the right to exercise such jurisdiction over the persons referred to as is conferred on them by the law of the United States.

ARTICLE XV

1. (a) Navy exchanges, post exchanges, messes, social clubs, theaters, newspapers and other non-appropriated fund organizations authorized and regulated by the United States military authorities may be established in the facilities and areas in use by the United States armed forces for the use of members of such forces, the civilian component, and their dependents. Except as otherwise provided in this Agreement, such organizations shall not be subject to Japanese regulations, Iicense, fees, taxes or similar controls.

(b) When a newspaper authorized and regulated by the United States military authorities is sold to the general public, it shall be subject to Japanese regulations, Iicense, fees, taxes or similar controls so far as such circulation is concerned.

2. No Japanese tax shall be imposed on sales of merchandise and services by such organizations, except as provided in paragraph I (b), but purchases within Japan of merchandise and supplies by such organizations shall be subject to Japanese taxes.

3. Except as such disposal may be authorized by the United States and Japanese authorities in accordance with mutually agreed conditions, goods which are sold by such organizations shall not be disposed of in Japan to persons not authorized to make purchases from such organizations.

4. The obligations for the withholding and payment of income tax and of social security contributions, and, except as may otherwise be mutually agreed, the conditions of employment and work, such as those relating to wages and supplementary payments, the conditions for the protection of workers, and the rights of workers concerning labor relations shall be those laid down by the legislation of Japan.

5. The organizations referred to in this Article shall provide such information to the Japanese authorities as is required by Japanese tax legislation.

ARTICLE XVI

It is the duty of members of the United States armed forces, the civilian component, and their dependents to respect the law of Japan and to abstain from any activity inconsistent with the spirit of this Agreement, and, in particular, from any political activity in Japan.

ARTICLE XVII

1. Upon the coming into force with respect to the United States of the "Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces", signed at London on June 19, 1951, the United Sates will immediately conclude with Japan, at the option of Japan, an agreement on criminal jurisdiction similar to the corresponding provisions of that Agreement.

2. Pending the coming into force with respect to the United States of the North Atlantic Treaty Agreement referred to in paragraph 1, the United States service courts and authorities shall have the right to exercise within Japan exclusive jurisdiction over all offenses which may be committed in Japan by members of the United States armed forces, the civilian component, and their dependents, excluding their dependents who have only Japanese nationality. Such jurisdiction may in any case be waived by the United States.

3. While the jurisdiction provided in paragraph 2 is effective, the following provisions shall apply:

(a) Japanese authorities may arrest members of the United States armed forces, the civilian component, or their dependents outside facilities and areas in use by United States armed forces for the commission or attempted commission of an offense, but in the event of such an arrest, the individual or individuals shall be immediately turned over to the United States armed forces. Any person fleeing from the jurisdiction of the United States armed forces and found in any place outside the facilities and areas may on request be arrested by the Japanese authorities and turned over to the United States authorities.

(b) The United States authorities shall have the exclusive right to arrest within facilities and areas in use by United States armed forces. Any person subject to the jurisdiction of Japan and found in any such facility or area will, on request, be turned over to the Japanese authorities.

(c) The United States authorities may, under due process of law, arrest, in the vicinity of such a facility or area, any person in the commission or attempted commission of an offense against the security of that facility or area. Any such person not subject to the jurisdiction of the United States armed forces shall be immediately turned over to Japanese authorities.

(d) Subject to the provisions of paragraph 3 (c), the activities outside the facilities and areas of military police of the United States armed forces shall be limited to the extent necessary for maintaining order and discipline of and arresting members of the United States armed forces, the civilian component, and their dependents.

(e) The authorities of the United States and Japan shall cooperate in making available witnesses and evidence for criminal investigations and other criminal proceedings in their respective tribunals and shall assist each other in the making of investigations. In the event of a criminal contempt, perjury, or an obstruction of justice before a tribunal which does not have criminal jurisdiction over the individual committing the offense, he shall be tried by a tribunal which has jurisdiction over him as if he had committed the offense before it.

(f) The United States armed forces shall have the exclusive right of removing from Japan members of the United States armed forces, the civilian component, and their dependents. The United States will give sympathetic consideration to a request by the Government of Japan for the removal of any such person for good cause.

(g) Japanese authorities shall have no right of search or seizure, with respect to any persons or property, within facilities and areas in use by the United States armed forces, or with respect to property of the United States armed forces wherever situated. At the request of the Japanese authorities the United States authorities undertake, within the limits of their authority, to make such search and seizure and inform the Japanese authorities as to the results thereof. In the event of a judgment concerning such property, except property owned or utilized by the United States Government, the United States will turn over such property to the Japanese authorities for disposition in accordance with the judgment. Japanese authorities shall have no right of search or seizure outside facilities and areas in use by the United States armed forces with respect to the persons or property of members of the United States armed forces, the civilian component, or their dependents, except as to such persons as may be arrested in accordance with paragraph 3 (a) of this Article, and except as to cases where such search is required for the purpose of arresting offenders under the jurisdiction of Japan.

(h) A death sentence shall not be carried out in Japan by the United States armed forces if the legislation of Japan does not provide for such punishment in a similar case.

4. The United States undertakes that the United States service courts and authorities shall be willing and able to try and, on conviction, to punish all offenses against the laws of Japan which members of the United States armed forces, civilian component, and their dependents may be alleged on sufficient evidence to have committed in Japan, and to investigate and deal appropriately with any alleged offense committed by members of the United States armed forces, the civilian component, and their dependents, which may be brought to their notice by Japanese authorities or which they may find to have taken place. The United States further undertakes to notify the Japanese authorities of the disposition made by United States service courts of all cases arising under this paragraph. The United States shall give sympathetic consideration to a request from Japanese authorities for a waiver of its jurisdiction in cases arising under this paragraph where the Japanese Government considers such waiver to be of particular importance. Upon such waiver, Japan may exercise its own jurisdiction.

5. In the event the option referred to in paragraph 1 is not exercised by Japan, the jurisdiction provided for in paragraph 2 and the following paragraphs shall continue in effect. In the event the said North Atlantic Treaty Agreement has not come into effect within one year from the effective date of this Agreement, the United States will, at the request of the Japanese Government, reconsider the subject of jurisdiction over offenses committed in Japan by members of the United States armed forces, the civilian component, and their dependents.

ARTICLE XVIII

1. Each party waives all its claims against the other party for injury or death suffered in Japan by a member of its armed forces, or a civilian governmental employee, while such member or employee was engaged in the performance of his official duties in cases where such injury or death was caused by a member of the armed forces, or a civilian employee of the other party acting in the performance of his official duties.

2. Each party waives all its claims against the other party for damage to any property in Japan owned by it, if such damage was caused by a member of the armed forces or a civilian governmental employee of the other party in the performance of his official duties.

3. Claims, other than contractual, arising out of acts or omissions of members of, or employees of the United States armed forces in the performance of offictal duty or out of any other act, omission or occurrence for which the United States armed forces is legally responsible, arising incident to non-combat activities and causing injury, death, or property damage in Japan to third parties shall be dealt with by Japan in accordance with the following provisions:

(a) Claims shall be filed within one year from the date on which they arise and shall be considered and settled or adjudicated in accordance with the laws and regulations of Japan with respect to claims arising from the activities of its own employees.

(b) Japan may settle any such claims, and payment of the amount agreed upon or determined by adjudication shall be made by Japan in yen.

(c) Such payment, whether made pursuant to a settlement or to adjudication of the case by a competent tribunal of Japan, or the final adjudication by such a tribunal denying payment, shall be binding and conclusive.

(d) The cost incurred in satisfying claims pursuant to the preceding subparagraphs shall be shared on terms to be agreed by the two Governments.

(e) In accordance with procedures to be established, a statement of all claims approved or disapproved by Japan pursuant to this paragraph, together with the findings in each case, and a statement of the sums paid by Japan, shall be sent to the United States periodically, with a request for reimbursement of the share to be paid by the United States. Such reimbursement shall be made within the shortest possible time in yen.

4. Each party shall have the primary right, in the execution of the foregoing paragraphs, to determine whether its personnel were engaged in the performance of official duty. Such determination shall be made as soon as possible after the arising of the claim concerned. When the other party disagrees with the results of such determination, that party may bring the matter before the Joint Committee for consultation under the provisions of Article XXVI of this Agreement.

5. Claims against members of or employees of the United States armed forces arising out of tortious acts or omissions in Japan not done in the performance of official duty shall be dealt with in the following manner:

(a) The Japanese authorities shall consider the claim and assess compensation to the claimant in a fair and just manner, taking into account all the circumstances of the case, including the conduct of the injured person, and shall prepare a report on the matter.

(b) The report shall be delivered to the United States authorities, who shall then decide without delay whether they will offer an ex gratia payment, and if so, of what amount.

(c) If an offer of ex gratia payment is made, and accepted by the claimant in full satisfaction of his claim, the United States authorities shall make the payment themselves and inform the Japanese authorities of their decision and of the sum paid.

(d) Nothing in this paragraph shall affect the jurisdiction of the Japanese courts to entertain an action against a member or employee of the United States armed forces, unless and until there has been payment in full satisfaction of the claim.

6. (a) Members of and civilian employees of the United States armed forces, excluding those employees who have only Japanese nationality, shall not be subject to suit in Japan with respect to claims specified in paragraph 3, but shall be subject to the civil jurisdiction of Japanese courts with respect to all other types of cases.

This is consistent with the treatment of dual United States and Japanese nationals as U.S. citizens/nationals for the purpose of this agreement.

(b) In case any private movable property, excluding that in use by the United States armed forces, which is subject to compulsory execution under Japanese law, is within the facilities and areas in use by the United States armed forces, the United States authorities shall upon the request of Japanese courts, possess and turn over such property to the Japanese authorities.

(c) The United States authorities shall cooperate with the Japanese authorities in making available witnesses and evidence for civil proceedings in Japanese tribunals.

7. Disputes arising out of contracts concerning the procurement of materials, supplies,equipment, services, and labor by or for the United States armed forces, which are not resolved by the parties to the contract concerned, may be submitted to the Joint Committee for conciliation, provided that the provision of this paragraph shall not prejudice any right which the parties to the contract may have to file a civil suit.

ARTICLE XIX

1. Members of the United States armed forces, the civilian component, and their dependents, shall be subject to the foreign exchange controls of the Japanese Government.

2. The preceding paragraph shall not be construed to preclude the transmission into or outside of Japan of United States dollars or dollar instruments representing the official funds of the United States or realized as a result of service or employment in connection with this Agreement by members of the United States armed forces and the civilian component, or realized by such persons and their dependents from sources outside of Japan.

3. The United States authorities shall take suitable measures to preclude the abuse of the privileges stipulated in the preceding paragraph or circumvention of the Japanese foreign exchange controls.

ARTICLE XX

1. (a) United States military payment certificates denominated in dollars may be used by persons authorized by the United States for internal transactions within the facilities and areas in use by the United States armed forces. The United States Government will take appropriate action to insure that authorized personnel are prohibited from engaging in transactions involving military payment certificates except as authorized by United States regulations. The Japanese Government will take necessary action to prohibit unauthorized persons from engaging in transactions involving military payment certificates and with the aid of United States authorities will undertake to apprehend and punish any person or persons under its jurisdiction involved in the counterfeiting or uttering of counterfeit military payment certificates.

(b) It is agreed that the United States authorities will apprehend and punish members of the United States armed forces, the civilian component, or their dependents, who tender military payment certificates to unauthorized persons and that no obligation will be due to such unauthorized persons or to the Japanese Government or its agencies from the United States or any of its agencies as a result of any unauthorized use of miiitary payment certificates within Japan.

2. In order to exercise control of military payment certificates the United States shall have the right to designate certain American financial institutions to maintain and operate, under United States supervision, facilities for the use of persons authorized by the United States to use military payment certificates. Institutions authorized to maintain military banking facilities will establish and maintain such facilities physically separated from their Japanese commercial banking business, with personnel whose sole duty is to maintain and operate such facilities. Such facilities shall be permitted to maintain United States currency bank accounts and to perform all financial transactions in connection therewith including receipt and remission of funds to the extent provided by Article XIX, paragraph 2, of this Agreement.

The prohibition of the use of dollars (Article XIX) and military script (Article XX) when conducting monetary transactions in Japanese establishment other than those which were authorized to trade in these currencies was in force when I was in Japan with the U.S. Army in 1965-1966. In principle, we exchanged dollars and script for yen before venturing off base, and used yen. But in some bars, cabarets, and restaurants in entertainment districts patronized by military personnel or merchant marines, in Yokohama where I was stationed, dollars and script were commonly accepted, and some establishments had pricing cards showing non-Japanese currencies. During the summer of 1966, meaning my last 3 months in the service, I dated a woman who worked in a cabaret, and once she asked me to exchange some dollars and script for her into yen. She had a small notebook in which she had entered figures for several girls, whose money she had pooled for the purposes of converting everything into yen. I took everything to the Bank of America Branch at the Navy Exchange in Negishi and within minutes waked out with the yen-equivalent of the cash she had given me. All I had to do was to show my military I.D. to establish that I had a right to be in possession of military script and dollars. At the time, Japanese were not allowed to freely exchange currency.

ARTICLE XXI

The United States shall have the right to establish and operate, within the facilities and areas in use by the United States armed forces, United States military post offices for the use of members of the United States armed forces, the civilian component, and their dependents, for the transmission of mail between United States military post offices in Japan and between such military post offices and other United States post offices.

ARTICLE XXII

The United States shall have the right to enroll and train all eligible United States citizens, residing in Japan, in the reserve organizations of the armed forces of the United States, except that the prior consent of the Japanese Government shall be obtained in the case of persons employed by the Japanese Government.

ARTICLE XXIII

The United States and Japan will cooperate in taking such steps as may from time to time be necessary to ensure the security of the United States armed forces, the members thereof, the civilian component, their dependents, and their property. The Japanese Government agrees to seek such legislation and to take such other action as may be necessary to ensure the adequate security and protection within its territory of installations, equipment, property, records and official information of the United States, and for the punishment of offenders under the applicable laws of Japan.

ARTICLE XXIV

In the event of hostilities, or imminently threatened hostilities, in the Japan area, the Governments of the United States and Japan shall immediately consult together with a view to taking necessary joint measures for the defense of that area and to carrying out the purposes of Article 1 of the Security Treaty.

ARTICLE XXV

1. It is agreed that the United States will bear for the duration of this Agreement without cost to Japan all expenditures incident to the maintenance of the United States armed forces in Japan except those to be borne by Japan as provided in paragraph 2.

2. It is agreed that Japan will:

(a) Furnish for the duration of this Agreement without cost to the United States and make compensation where appropriate to the owners and suppliers thereof all facilities, areas and rights of way, including facilities and areas jointly used such as those at airfields and ports, as provided in Articles II and III.

(b) Make available without cost to the United States, until the effective date of any new arrangement reached as a result of periodic reexamination, an amount of Japanese currency equivalent to $155 million per annum for the purpose of procurement by the United States of transportation and other requisite services and supplies in Japan. The rate of exchange at which yen payments will be credited shall be the official par value, or that rate considered most favorable by the United States which on the day of payment is available to any party, authorized by the Japanese Government or used in any transaction with any party by the Japanese Government or its agencies or by Japanese banks authorized to deal in foreign exchange, and which, if both countries have agreed par values with the International Monetary Fund, is not prohibited by the Articles of Agreement of the Fund.

3. It is agreed that arrangements will be effected between the Governments of the United States and Japan for accounting applicable to financial transactions arising out of this Agreement.

ARTICLE XXVI

1. A Joint Committee shall be established as the means for consultation between the United States and Japan on all matters requiring mutual consultation regarding the implementation of this Agreement. In particular, the Joint Committee shall serve as the means for consultation in determining the facilities and areas in Japan which are required for the use of the United States in carrying out the purposes stated in Article I of the Security Treaty.

2. The Joint Committee shall be composed of a representative of the United States and of Japan, each of whom shall have one or more deputies and a staff. The Joint Committee shall determine its own procedures, and arrange for such auxiliary organs and administrative services as may be required. The Joint Committee shall be so organized that it may meet immediately at any time at the request of the representative of either the United States or Japan.

3. If the Joint Committee is unable to resolve any matter, it shall refer that matter to the respective Governments for further consideration through appropriate channels.

ARTICLE XXVII

1. This Agreement shall come into force on the date on which the Security Treaty between the United States and Japan enters into force.

2. Each party to this Agreement undertakes to seek from its legislature necessary budgetary and legislative action with respect to provisions of this Agreement which require such action for their execution.

ARTICLE XXVIII

Either party may at any time request the revision of any Article of this Agreement, in which case the two Governments shall enter into negotiation through appropriate channels.

ARTICLE XXIX

This Agreement, and agreed revisions thereof, shall remain in force while the Security Treaty remains in force unless earlier terminated by agreement between the parties.

In witness whereof the representatives of the two Governments, duly authorized for the purpose, have signed this Agreement.

Done at Tokyo, in duplicate, in the English and Japanese languages, both texts authentic, this twenty-eighth day of February, 1952.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

Dean Rusk

Earl Johnson

FOR THE GOVERNMENT OF JAPAN:

K. Okazaki [Okazaki Katsuo 岡崎勝男]

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1953 bilateral and unilateral statements concerning jurisdiction in criminal matters

One of the favorite accusations made by opponents of U.S. military bases in Japan -- against the series of governments that have cooperated with the desire of the United States to help Japan protect itself in return for permission to maintain U.S. Army, Navy, and Air Force bases in the country -- is that these governments have entered into a number of "secret agreement" (mitsuyaku 密約) with the United States concerning military matters ranging from the disposition of nuclear weapons on U.S. warships and warplanes operating within Japanese territory, to the treatment of U.S. Forces offenders under the Status of Forces agreement. "Secret agreements" are a perennial issue in the National Diet and the political press, and numerous books and magazine and journal articles have been written agreements that have come to light as older official documents are made available to the public, or which have been rumored to exist but are denied or remain confidential.

REVISE RESUME

Here I will focus on two such documents which were "discovered" by thepolitical establishment which has governed Japan most years since the end of World War II, during the Allied Occupation of Japan, and all but a few years since Japan regained its independence and soverighty at least in name, is that , is

山本英政
米兵犯罪と日米密約:「ジラード事件」の隠された真実
東京:明石書店、2015年7月30日 第1刷発行
Yamamoto Hidemasa
Beihei hanzai to Nichi-Bei mitsuyaku: "Jiraado jiken" no kakusareta shinjitsu
[American soldier crimes and Japan-America secret agreements: Hidden facts of "Girard incident"]
Tokyo: Akashi Shoten, 30 July 2015, 1st printing published
222 pages, hardcover

Yamamoto_2015_Beihei_hanzai_to_Nichibei_mitsuyaku.jpg Yoshida_2010_Mitsuyaku_000_096 Yoshida_2010_Mitsuyaku_046-047_1953-10-28_statement_300.jpg Yoshida_2010_Mitsuyaku_153_1953-10-22_statement_300.jpg Fuse_2010_Nichi-Bei_mitsuyaku_000.jpg Fuse_2010_Nichi-Bei_mitsuyaku_000_096.jpg Fuse_2010_Nichi-Bei_mitsuyaku_001_1953-11-28_statement_300.jpg Fuse_2010_Nichi-Bei_mitsuyaku_063_1953-10-22_statements_300.jpg Toyota_2009_Kyohan_no_domei_shi_096.jpg

22 October 1953 statements by United States and Japanese representatives
Assures Japan's accessibility to offenders it transfers to the United States

1953-10-22 statements 22 October 1953 statements by U.S. and Japanese representatives
/> Assures Japan that the United States will give access to offenders
Japan transfers to the custody of the United States so long as
provisions for access are made in custody transfer conditions.
Yosha Bunko scan of copy in Fuse 2010, page 63,
which Fuse ways was provided by Niihara Shōji

SUB-COMMITTEE ON JURISDICTION
ADMINISTRATIVE AGREEMENT MATTERS
CRIMINAL PANEL

22 October 1953

Statements by the Chairmen of the Japanese side
[ sic = United States and Japanese sides ]
of the Criminal Panel, Jurisdiction Sub-Committee
of the Joint Committee with respect to Paragraph 5
of the Protocol of 29 September 1953, amending
Article XVII of the Administrative Agreement

Col. Todd, United States Representative:

    I wish to ensure the Japanese Representative that upon release of an offender to the custody of the United States military authorities, such offender shall, on request, be made avilable to the Japanese authorities, if such be the condition of his release.

Mr. Tsuda, Japanese Representative:

    In view of the assurances by the United States Representative, I wish to state that there will not be many cases in which the custody of such offenders will be retained by the Japanese authorities.

/s/  Alan Todd
                         
ALAN TODD
Lt. Col., JAGC, Chairman,
United States Sub-Committee
on Original Jurisdiction.

/s/  Minoru Tsuda
                         
TSUDA, MINORU
Chairman, Japanese
Sub-Committee on Jurisdiction.

28 October 1953 statement by Japan's representative
Clarifies that Japan's statement of intent to minimize its jurisdictional claims
does not limit its rights and there should be no presumptions that it will waiver them

1953-10-28 statement 28 October 1953 statement by Japan's representative
Clarifies that while Japan intends to limit its claims of jurisdiction
to cases that matter for Japan, this intent does not effect Japan's
jurisdictional rights under the administrative agreement,
nor should the United States take Japan's intent as
cause to expect Japan to waive its jurisdiction.
Yosha Bunko scan of copy in Fuse 2010, page 1,
which Fuse ways was provided by Niihara Shōji

(Copy)

SUB-COMMITTEE ON JURISDICTION
ADMINISTRATIVE AGREEMENT MATTERS
CRIMINAL PANEL

28 October 1953

Statement by the Chairman of the Japanese side
of the Criminal Panel, Jurisdiction Sub-Committee
of the Joint Committee with respect to Paragraph 3
of the Protocol of 29 September 1953, amending
Article XVII of the Administrative Agreement

Japanese Representative:

    1. As to practical operation of the provisions of paragraph 3 of the protocol, I can state that as a matter of policy the Japanese authorities do not normally intend to exercise the primary right of jurisdiction over members of the United States Armed Forces, the civilian component, or their dependents subject to the military law of the United States, other than in cases considered to be of material importance to Japan. In this respect I should like to point out that the Japanese authorities retain their freedom of discretion in the determination of which cases are of material importance to Japan.

    2. When the Japanese authorities have decided to bring an indictment with respect to a case over which Japan has the primary right to exercise jurisdiction, they will so notify the United States military authorities. The notification will be made in such form, by such authorities, and within such time as the Joint Committee may prescribe.

    3. The above statements shall not be interpreted to prejudice the principles of paragraph 3 of the Protocol.


    As regards the interpretation of my statements concerning paragraph 3 of the protocol, I deem it appropriate, in order to prevent the occurrence of any dispute in future, to state as follows:

    Under paragraph 3 (c) of the Protocol, when the Japanese government has decided not to exercise its primary right of jurisdiction in an individual case, it shall so notify the United States authorities as soon as practicable. Accordingly, pending such notification within the maximum time limit set for notification by the Joint Committee, it should not be presumed that the Japanese government would not exercise its primary right of jurisdiction as provided for in paragraph 3 (b) of the Protocol. My statements mentioned above shall be interpreted in this sense.

/s/ Minoru Tsuda              
   TSUDA, MINORU
  Chairman, Criminal Panal,
 Japanese Sub-Committee on Jurisdiction

(Copy)

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1960 Status of Forces Agreement

Forthcoming.

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1960 Japan-U.S. Mutual Security Treaty

TREATY OF MUTUAL COOPERATION AND SECURITY BETWEEN JAPAN AND THE UNITED STATES OF AMERICA

Japan and the United States of America,

Desiring to strengthen the bonds of peace and friendship traditionally existing between them, and to uphold the principles of democracy, individual liberty, and the rule of law,

Desiring further to encourage closer economic cooperation between them and to promote conditions of economic stability and well-being in their countries,

Reaffirming their faith in the purposes and principles of the Charter of the United Nations, and their desire to live in peace with all peoples and all governments,

Recognizing that they have the inherent right of individual or collective self-defense as affirmed in the Charter of the United Nations,

Considering that they have a common concern in the maintenance of international peace and security in the Far East, Having resolved to conclude a treaty of mutual cooperation and security,

Therefore agree as follows:

ARTICLE I

The Parties undertake, as set forth in the Charter of the United Nations, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered and to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations. The Parties will endeavor in concert with other peace-loving countries to strengthen the United Nations so that its mission of maintaining international peace and security may be discharged more effectively.

ARTICLE II

The Parties will contribute toward the further development of peaceful and friendly international relations by strengthening their free institutions, by bringing about a better understanding of the principles upon which these institutions are founded, and by promoting conditions of stability and well-being. They will seek to eliminate conflict in their international economic policies and will encourage economic collaboration between them.

ARTICLE III

The Parties, individually and in cooperation with each other, by means of continuous and effective self-help and mutual aid will maintain and develop, subject to their constitutional provisions, their capacities to resist armed attack.

ARTICLE IV

The Parties will consult together from time to time regarding the implementation of this Treaty, and, at the request of either Party, whenever the security of Japan or international peace and security in the Far East is threatened.

ARTICLE V

Each Party recognizes that an armed attack against either Party in the territories under the administration of Japan would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional provisions and processes. Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations in accordance with the provisions of Article 51 of the Charter. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.

ARTICLE VI

For the purpose of contributing to the security of Japan and the maintenance of international peace and security in the Far East, the United States of America is granted the use by its land, air and naval forces of facilities and areas in Japan. The use of these facilities and areas as well as the status of United States armed forces in Japan shall be governed by a separate agreement, replacing the Administrative Agreement under Article III of the Security Treaty between Japan and the United States of America, signed at Tokyo on February 28, 1952, as amended, and by such other arrangements as may be agreed upon.

ARTICLE VII

This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the Parties under the Charter of the United Nations or the responsibility of the United Nations for the maintenance of international peace and security.

ARTICLE VIII

This Treaty shall be ratified by Japan and the United States of America in accordance with their respective constitutional processes and will enter into force on the date on which the instruments of ratification thereof have been exchanged by them in Tokyo.

ARTICLE IX

The Security Treaty between Japan and the United States of America signed at the city of San Francisco on September 8, 1951 shall expire upon the entering into force of this Treaty.

ARTICLE X

This Treaty shall remain in force until in the opinion of the Governments of Japan and the United States of America there shall have come into force such United Nations arrangements as will satisfactorily provide for the maintenance of international peace and security in the Japan area. However, after the Treaty has been in force for ten years, either Party may give notice to the other Party of its intention to terminate the Treaty, in which case the Treaty shall terminate one year after such notice has been given.>

IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.>

DONE in duplicate at Washington in the Japanese and English languages, both equally authentic, this 19th day of January, 1960.>

FOR JAPAN:

Nobusuke Kishi

Aiichiro Fujiyama

Mitsujiro Ishii

Tadashi Adachi

Koichiro Asakai

FOR THE UNITED STATES OF AMERICA:

Christian A. Herter

Douglas MacArthur 2nd

J. Graham Parsons

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1960 Status of Forces Agreement

The original 1952 treaty and agreement were renegotiated in 1959, and new versions of both were signed in Washington, D.C. on 19 January 1960. Notes of ratification were exchanged in Tokyo on 23 June 1960, from which date both the treaty and agreement were promulgated and came into force in both countries. Since then, both instruments have been ammended and related new agreements have been concluded.

The 1960 Status of Forces Agreement was provisioned by Article VI of the 1960 Mutual Security Treaty, which states as follows.

For the purpose of contributing to the security of Japan and the maintenance of international peace and security in the Far East, the United States of America is granted the use by its land, air and naval forces of facilities and areas in Japan. The use of these facilities and areas as well as the status of United States armed forces in Japan shall be governed by a separate agreement, replacing the Administrative Agreement under Article III of the Security Treaty between Japan and the United States of America, signed at Tokyo on February 28, 1952, as amended, and by such other arrangements as may be agreed upon.

Scope of Status of Forces Agreement

As its longer name denotes, the Status of Forces Agreement (SOFA) provides rules concerning the location and support of U.S. military bases in Japan, but also the legal treatment of U.S. military and military-related civilian personnel and their dependents in Japan. Concerning the bases themselves, while they are under the control and jurisdiction of U.S. forces, Japanese codes may apply to the construction of the facilities and the utilities, and managment and disposal of waste and other environmental concerns.

Articles concerning the legal status of individuals consist of criteria for determining whether the United States or Japan has jurisdiction in the investigation and prosecution of matters involving (a) "members of the United States armed forces" on active duty in Japan, (b) "civilian components" of U.S. military bases in Japan, and (c) "dependents" of (a) and (b).

Jurisdiction in a case involving such individuals will generally depend on the nationality of the alleged offender and victim, whether the offense was committed on or off base, and whether or not it was committed while performing authorized acts in the line of duty.

Nationality of offender

Of interest here is that all U.S. military personnel in Japan are covered by SOFA regardless of their nationality, whereas civilians are covered only if (1) they have U.S. nationality (i.e., they are citizens or nationals of the United States), or if (2) they possess the nationalities of both the United States and Japan but were deployed from the United States as opposed to employed in Japan.

Ordinary, under Japan's international private law, a U.S.-Japan dual national in Japan would be treated as Japanese. For the purposes of SOFA, so long as such a dual national is deployed from the United States (mostly likely because the person is domiciled in the U.S.), he or she will be "deemed" (minasu みなす "considered") to be affiliated with the United States.

1960 Status of Forces Agreement

日本国とアメリカ合衆国との間の相互協力及び安全保障条約第六条に基づく施設及び区域並びに日本国に



昭和35年1月19日ワシントンで署名
昭和35年1月19日国会承認
昭和35年6月21日承認の内閣決定
昭和35年6月23日承認を通知する公文交換
昭和35年6月23日公布(条約第7号)
昭和35年6月23日効力発生

AGREEMENT UNDER ARTICLE VI OF THE TREATY OF MUTUAL COOPERATION AND SECURITY BETWEEN JAPAN AND THE UNITED STATES OF AMERICA, REGARDING FACILITIES AND AREAS AND THE STATUS OF UNITED STATES ARMED FORCES IN JAPAN

Signed at Washington, January 19, 1960
Approved by the diet, June 19, 1960
Approval decided by the cabinet, June 21, 1960
Notes of approval exchanged at Tokyo, June 23, 1960
Promulgated, June 23, 1960
Entered into force, June 23, 1960

日本国及びアメリカ合衆国は、千九百六十年一月十九日にワシントンで署名された日本国とアメリカ合衆国との間の相互協力及び安全保障条約第六条の規定に従い、次に掲げる条項によりこの協定を締結した。

Japan and the United States of America, pursuant to Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America signed at Washington on January 19, 1960, have entered into this Agreement in terms as set forth below:

第一条

この協定において、

(a)「合衆国軍隊の構成員」とは、日本国の領域にある間におけるアメリカ合衆国の陸軍、海軍又は空軍に属する人員で現に服役中のものをいう。

(b)「軍属」とは、合衆国の国籍を有する文民で日本国にある合衆国軍隊に雇用され、これに勤務し、又はこれに随伴するもの(通常日本国に居住する者及び第十四条1に掲げる者を除く。)をいう。この協定のみの適用上、合衆国及び日本国の二重国籍者で合衆国が日本国に入れたものは、合衆国国民とみなす

(c)「家族」とは、次のものをいう。

  (1) 配偶者及び二十一才未満の子

  (2)父、母及び二十一才以上の子で、その生計費の半額以上を合衆国軍隊の構成員又は軍属に依存するもの

ARTICLE I

In this Agreement the expression --

(a) "members of the United States armed forces" means the personnel on active duty belonging to the land, sea or air armed services of the United States of America when in the territory of Japan.

(b) "civilian component" means the civilian persons of United States nationality who are in the employ of, serving with, or accompanying the United States armed forces in Japan, but excludes persons who are ordinarily resident in Japan or who are mentioned in paragraph 1 Article XIV. For the purposes of this Agreement only, dual nationals, Japanese and United States, who are brought to Japan by the United States shall be considered as United States nationals.

(c) "dependents" means

  1 Spouse, and children under 21;

  2 Parents, and children over 21, if dependent for over half their support upon a member of the United States armed forces or civilian component.

"dual nationals"

The ordering of the nationalities in the Japanese definition of "dual nationals" (nijū kokuseki sha 二重国籍者) properly translates "United States and Japanese" (Gasshū-koku oyobi Nihon-koku 合衆国及び日本国).

"nationals"

Strictly speaking, "United States nationals" should be "United States citizens/nationals" because U.S. nationality laws define two classes of U.S. nationality under its domestic laws, and U.S. passports also speak of the passport holder, who possesses the "nationality" of the United States, as a "citizen/national" of the United States. Japan's Nationality Law defines only one class of nationality, and Japan's laws and passports refer to people who possess its nationality as "nationals".

Passports

During the Allied Occupation of Japan (1945-1952), Allied military personnel did not need passports. Civilian nationals of the Allied Powers needed passports but, if they were Allied officials, or dependents of Allied military personnel or civilian officials, they were exempt from treatment as aliens under the 1947 Alien Registration Order (ARO) -- i.e., under Japanese law they were aliens, but for purposes of the ARO they would not be treated as aliens. Note in this regard that, under the ARO, Chosenese and most Taiwanese, though Japanese under Japanese law, were for deemed aliens for the purpose of the ARO, for the time being -- meaning until their future nationality was determined by appropriate treaties between Japan and China and Japan and Korea (Chosen).

In 1947, there was only one Chinese state. Two states were in the making on the divided Korean (Chosen) peninsula, but the two occupation zones were expected to be governed under a single state. The People's Republic of China (ROC) was born in 1949, and original Republic of China (ROC) continues to exist. In 1948, two states -- the Republic of Korea (ROK) and the Democratic People's Republic of Korea (DPRK) -- were founded on the peninsula, and they remained enemies nearly 60 years after the Korean War (1950-1953).

From 1952, when Japan regained its sovereigty, all aliens required passports to enter Japan except U.S. military personnel who fell under the Status of Forces Agreement. Diplomats, and other foreign government officials, required passports but were not required to obtain statuses of residence under the 1951 Immigration Control Order.

Today, all dependents of U.S. military personnel in Japan, and all civilians non-Japanese civilians attached to U.S. forces in Japan, require passports and are treated as general aliens. However, U.S. military personnel assigned to Japan are permitted to enter Japan using only their military identification cards and official orders, which they must carry at all times and show Japanese authorities on request. Soldiers who are discharged in Japan are therefore required to obtain U.S. passports, and in order to remain in Japan, they must acquire an appropriate status of residence an [alien] Residence Card from the Immigration Bureau.

Originally, aliens obtained an Alien Registration Certificate directly from the government of the municipality in which they resided. From 1988, the certificate, which had been a pocket-sized booklet, was replaced by a laminated card issue by local governments but produced by the Immigration Bureau. In 2012, the local alien registration system was replaced by a national alien management system, according to which the Immigration Bureau directly issues residence cards at ports of entry or through its regional offices. The immigration control functions of the former alien registration system are now performed entirely by the Immigration Bureau. The municipal registration functions of the former alien registration system are still performed by municipal governments, but are now integrated with resident registration of Japanese.

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Military crime statistics

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Crimes by Allied Occupation Forces, 1945-1952

The Occupation of Japan is called the "Allied Occupation" for the simple reason that, never mind the domination of American authorities and policies in the reconstruction of postwar Japan, it was legally and physically an Allied enterprise. Some American and even Japanese writers are inclined to forget that Americans did not fight, defeat, and occupy Japan alone. Australian, British, and other writers on the Pacific War, and on the Occupation of Japan that followed Japan's surrender to the Allied Powers, have good reason not to reduce the Allied Powers to the United States of America.

The number of American troops in Occupied Japan rose to about 400,000 during the first few months of the Occupation. By the middle of 1946, however, the number had fallen to about 150,000, exclusive of dependents and civilian personnel.

British Commonwealth troops constituted the second largest contingent of Allied occupation forces during the Occupation. Some 40,000 British Commonwealth troops arrived in February and March 1946.

The average number of Allied personnel of all nationalities, military and civilian, probably hovered around 200,000 for most of the late 1940s.

Occupation period

The number of crimes committed by Allied Occupation Forces personnel, during the period that Japan's main islands were occupied by military forces representing the Allied Powers, most promintely the United States, are not statistically well known.

Some people have alleged that, during the first month of the Occupation, that there were 2,900 cases of rape just in Kanagawa prefecture, where most U.S. military forces arrived by ship at port facilities in Yokohama. This reportedly inspired Kanagawa authorities to close girls schools and otherwise strengthen countermeasures against rape.

During the 7 years of the occupation, on just the main islands, there were 2,536 homicides and over 30,000 rapes, some sources claim.

"Occupied Japan" and "Okinawa"

Note that "Occupied Japan" did not include Okinawa, which had been invaded and captured by the United States before Japan surrendered. Okinawa was therefore separated from the rest of prefectural Japan, which was occupied by the Allied Powers until 1952.

Okinawa continued to be administed under the legal control and jurisdiction of the United States as "The Ryukyu" until 1972. The islands were formally included within Japan's national territory as Okinawa prefecture, and Okinawans were formally tallied as Japanese nationals, after their reversion to Japan on 15 May 1972.

Some 1,336 rapes are said to have been committed in Kanagawa prefecture during the first 10 days of the arrival of several U.S. units the Kanto area.

On 21 August 1945, some Japanese officials and sex-industry entrepreneurs established the so-called "Recreation and Amusement Association" (Tokushu Ian Shisetsu Kyōkai 特殊慰安施設協会) or "RAA", which proceeded to set up "comfort facilities" (ian shisetsu 慰安施設) and recruit "special comfort women" (tokushu ianfu 特殊慰安婦) mainly from the ranks of prostitutes, with the object of minimizing the fraternization of Occupation soldiers with women in the general population. As many Japanese writers have said, the RAA was intended to be a "chastity belt" for Japanese womanhood.

On 21 Jaunary 1946, the Supreme Commander for the Allied Powers (SCAP) issued an instruction to the government of Japan, titled "Abolition of Licensed Prostitution in Japan" (日本における公娼制度の廃止), which directed the government "to abrogate and annul all enactments which directly or indirectly authorized or permitted the existence of licensed prostitution in Japan, and to nullify all contracts and agreements which had for their object the binding or committing, directly or indirectly, of any woman to the practice of prostitution" (SCAPIN 642, General Headquarters, Supreme Commander for the Allied Powers, AG 726.7 (21 Jan 46) PH [Public Health Section 公衆衛生福祉局], 21 January 1946, Memorandum for: Imperial Japanese Government).

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Cases of incidents and accidents by U.S. Forces,
and deaths of Japanese, 1952-2010

                   On-duty            Off-duty            Total
     Year      Cases  Deaths     Cases  Deaths     Cases  Deaths
U.S. Forces 1952-2010 (Note) The numbers of cases and numbers of deaths are figures the Defense Facilities Administration Agency acquired [obtained, compiled]. The [figures] do not encompass all U.S. Forces incidents and accidents. Nor do they include [figures] for Okinawa before the return of administrative rights in 1972.
Copped from Shinbun Akahata (しんぶん赤旗), 9 August 2011
Translations of titles and note by William Wetherall

Cases of incidents and accidents by U.S. Forces, and deaths of Japanese, 1952-2010

70 years after the end of the Pacific War in 1945, Japan remains the home of many U.S. military bases. The American bases on the main islands were built during the Allied Occupation of Japan between 1945 and 1952. Bases on Okinwawa were built between 1945 when the United States captured Okinawa during the final year of the war, and 1972 when the United States returned the Okinawan islands, which America had administered under a United Nations mandate as the Ryukyus.

Most U.S. bases on the main islands were established on former Imperial Japanese Army and Navy bases. They were generally set up within the confines of the original bases, but some expanded into surrounding land commandeered or leased for military use. However, a few smaller bases in Japan, and some bases on Okinawa, were newly constructed on land that had not previously been used by Japan for military purposes.

When the Occupation of Japan ended in 1952, most U.S. bases on the main islands continued to operate under the auspices of the U.S.-Japan Mutual Security Treaty, which Japan signed with the United States in San Francisco on 8 September 1951 when it signed the Peace Treaty with the Allied Powers. The mutual security treaty, though revised about once every decade or so, remains in force today.

When Okinawa was returned to Japan in 1972, Japan agreed to allow the United States to continue to operate its bases on the islands under the same mutual security treaty as a condition for the return of the islands. A number of other agreements specifically related to bases on Okinawa have also been concluded.

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1946-02   Occupied Japan        Tokyo
          417,000               45,000

                            Dependents
              Military      military       Civilian
              personnel     personnel      personnel

2009          25,000
              28,500

2011-12-31         
    Army       2,501 陸軍
    Marines   14,951 兵隊
    Navy       6,766 海軍
    Air Force 12,490 空軍

    Total     36,708 合計
7th Fleet     13,618 第7艦隊

2013          50,000        40,000         5,500

2008-03-31         合計       軍人        軍属       家族 	   
                              Military    Civilian   
                   Total      personnel   attachees  Family

本土 Main islands  49,254     22,078      2,770      24,406    
沖縄 Okinawa       44,963     22,772      2,308      19,883 	
合計 Total         94,217     44,850      5,078      44,289

Source: Department of Defense (U.S.), Ministry of Foreign Affairs (Japan)

During 1958, there were 9,998 publically reported incidents in Japan involving crimes by American troops. 1,878 of the incidents involved violence against women. In Okinawa, during the 19 year period from 1953-1971, Okinawa witnessed 15,220 incidents of crimes by U.S. military personnel or civilian attachees, of which 222 resulted in deaths and 560 involved injuries.


2011 Akahata report

Members of the Japan Communist Party (JCP) requested statistics on crimes committed by U.S. Armed Forces personnel since Japan regained its sovereignty from the Allied Powers in 1952. The table to right shows the set that accompanied an article posted on JCP's Shinbun Akahata (しんぶん赤旗) [News Red Flag] website on 9 September 2011.

The date of the report marked the 60th anniversary of the signing of the first Japan-U.S. Mutual Security Allience on 8 September 1951 in San Francisco. Japan is about a day ahead of time zones in the United States.

The article states the figures were obtained from the Ministry of Defense (Bōeichōshō 防衛省) by Akamine Seiken (赤嶺政賢 b1947), a JCP representative of the House of Representatives.

The table, however, attributes the original source of the figures to the Defense Facilities Administration Agency (Bōei Shisetsu Chō 防衛施設庁). With the exception an 8-year period, the agency has existed in various incarnations since 1947. The Defense Ministry undoubtedly continued to compile basic statistics from 2007 to 2015 when the agency did not exist.

The Acquisition, Technology & Logistics Agency (ATLA) (Bōei Sōbi Chō 防衛装備庁) originated in 1947 as the Special Procurement Agency (Tokubetsu Chōtatsu Chō 調達庁), a public corporation responsible for the administration of procurements for Allied Forces stationed in Japan during the Allied Occupation. In 1949 it became a government agency. In 1952, when the Occupation ended and Japan regained its sovereignty, it was renamed just the Procurement Agency (Chōtatsuchō 調達庁), and from 1962 it was reorganized as the Defense Facilities Agency. On 9 January 2007, when the Defense Agency (Bōeichō 防衛庁) became the Defense Ministry (Bōeishō 防衛省), it was integrated into the ministry as an external department, but on 1 September the same year it was abolished. Then in October 2015, today's ATLA was established as an external department of the Defense Ministry, with the same objectives as its forerunners.

The Akahata report stated that over the period from 1952 to 2010, there had been a total of 208,029 incidents and accidents involving U.S. Forces personnel, of which 48,504 (23.3 percent) had occurred on duty and 159,525 (76.7 percent) off duty. The incidents and accidents resulted in the deaths of 1,088 Japanese (0.52 percent), including 520 (47.8 percent) in on-duty and 568 (52.2 percent) in off-duty occurrences (percents mine). There had been 573 cases as of the time of the report in 2011.

The table uses "kensū" (件数) to mean "number of cases" of occurences, which include both (1) "jiken" (事件) or "incidents" that constitute "offenses" (hanzai 犯罪), meaning an actionable violation of a law, and (2) "jiko 事故" or "accidents", meaning that police have investigated the circumstances of the occurrence and found no grounds for filing charges.

The report observed that the actual figures greatly exceed this, since they do not include cases that occured in Okinwa before its reversion to mainland (hondo 本土), when it had been under the administration of the U.S. Forces. Okinawa rejoined Japan on 15 May 1972, and you can clearly see the effects of the inclusion of Okinawa data from that date.

The 1972 totals (including Okinawa) are roughly double the 1971 figures (san Okinawa). In fact, Okinawa accounted for all of 45,810 (58.8 percent) of the 77,866 cases that occurred from 1972 to 2010. Akamine pointed out that, since Okinawa's return to Japan, homicide, battery, arson, and other heinous crimes by American soldiers, and crashes of and noise damage from U.S. military aircraft, as well as fires brought about by firing drills and the like have continued, and "nothing has changed regarding the structure in which military affairs crush the human rights of perfecturites."

The Akahata report also cited National Police Agency (Keisatsuchō 警察庁) data, according to which there had been 2,240 criminal cases involving U.S. Forces personnel from 1989 to 2010. Okinawa prefecture accounted for 1,035 (46.2 percent) cases, compared with 444 (19.8 percent) for Kanagawa prefecture, the home of Yokosuka Navy Base (U.S. Fleet Activities Yokosuka) and Atsugi Airbase (Atsugi Naval Air Facility), 283 (12.6 percent) for Nagasaki prefecture with Sasebo Navy Base (U.S. Fleet Activities Sasebo), and 212 (9.5 percent) for Yamaguchi prefecture with Iwakuni Airbase (Marine Corps Air Station Iwakuni).

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Right-to-trial waiver rates for
America-soldier offenses in
Japan and the United Kingdom,
1950s and 1970s

                      Incidents with      Jurisdiction      Percent
Period         Country      jurisdiction           waived       waived
U.S. Forces 1952-2010 Based on table Niihara Shōji (新原昭治) created from (1) U.S. Army Legal Affairs Department statistics and (2) Senate Committees on Military Affairs materials, and released at press conference.
Copped from Shinbun Akahata (しんぶん赤旗), 24 October 2008
Translations of titles and note by William Wetherall

Rates of waivers of jurisdiction by Japan in cases involving U.S. Forces personnel, 1953-1958, and 1970

The table to the right compares the rates of jurisdiction waives by Japan and the United Kingdom, compiled by Niihara Shōji (新原昭治) and released at a press conference in 2008. The table to the right was published in the Akahata shinbun (しんぶん赤旗), the organ paper of the Japan Communist Party.

Niihara Shōji (b1931) is a journalist and activist who specializes in international problems, especially issues involving U.S. Forces in Japan. A staunch opponent of the presence of U.S. bases in Japan and nuclear weapons, Niihara is on the proletarian side of the political spectrum. He has devoted much of his research and writing to the study of primary documents in declassified government files in the United States, and written several books and numerous articles exposing the back-room workings of the U.S.-Japan mutual security treaties and status of forces agreements. He is widely credited for finding and reporting his findings of documents that help understanding the workings of the 1953 Administrative Agreement, in effect at the time of the dispute over jurisdiction in the Girard case in 1957. See Secret agreements below.

The vast majority of the cases involving the application of a status of forces agreement between the United States and another country or entity do not involve jurisdictional disputes. In the cases involving U.S. Forces personnel in Japan, Japan generally has jurisdiction when an actionable offense is committed off duty and off base. And the United States generally has jurisdiction in incidents involving U.S. Forces personnel when on duty, whether on or off base.

Jurisdiction becomes controversial when U.S. and Japanese law enforcement authorities disagree over the circumstances of an incident, as to whether a person affiliated or employed or otherwise engaged with the U.S. Forces was acting in an official capacity, and in an authorized manner, at the time of the incident. The Girard case (see below) is an example of how such a disagreement resulted in drawn-out deliberations that, by the time U.S. military authorities in Japan waived U.S. jurisdiction, movements in the United States to prevent such a wavier had gathered momentum, which further delayed the start of Girard's trial in a Japanese court.

In most other incidents, jurisdiction was not an issue, or bilateral actions were taken before jurisdictioncould be made an issue by 3rd parties. The Boone case (see below) involved several incidents, some of which clearly fell under U.S. Forces jurisdiction, the others of which clearly fell under Japanese jurisdiction. Boone was thus tried for the U.S.-side incidents issues in a U.S. military court, and for the Japan-side incidents in a Japanese court. Boone was sentenced in both courts, but the U.S. military court recognized that the sentence issued by the Japanese court would take priority over its sentence.

The Gordon incident (see below) most closely compares with the Girard incident in that Gordon was on duty at the time his plane caused the death of a Japanese woman and seriously injured to son. The U.S. Air Force claimed jurisdiction, but the local Japanese prosecutor had reason to pursue claims that Gordon had been stunting at the time and hence his actions were contrary to orders. Unlike the Girard case, both sides moved quickly, and although some elements of local and public opinion disagreed, the local prosecutor found no grounds for insisting on Japanese jurisdiction.

Statistics

In one of its longer features on the Girard case, whichShūkan Asahi (週刊朝日) [Weekly Asahi]

Niihara Shōji (新原昭治) is a journalist and international problems researcher who devoted much of his research and writing to revealing the back-room workings of the U.S.-Japan mutual security treaties and status of forces agreements. He was the 以前より日本政府と在日米軍との間における、裁判権に関わる隠された合意事項(以降「密約」と呼ぶ)の存在は指摘されていたが[1]、2008年、国際問題研究家の新原昭治がアメリカ国立公文書記録管理局で、米国側の機密指定解除により公開された公文書から、この指摘を裏付ける記述を発見してからこの問題がおおやけにされた[ 経緯および内容 新原の調査によると、1953年に日本政府は在日米軍将兵の関与する刑事事件について、「重要な案件以外、また日本有事に際しては全面的に、日本側は裁判権を放棄する」とする密約に合意した。正式には『行政協定第一七条を改正する一九五三年九月二十九日の議定書[3]第三項・第五項に関連した、合同委員会裁判権分科委員会刑事部会日本側部会長の声明』である。アメリカ側代表は軍法務官事務所のアラン・トッド中佐、日本の部会長は津田實・法務省総務課長。 その後5年間に起きた、約13000件の在日米軍関連事件の97%について、裁判権を放棄。実際に裁判が行われたのは約400件だけだった。また、新原と共同通信社が入手した『合衆国軍隊構成員等に対する刑事裁判権関係実務資料』(法務省刑事局と警察庁刑事局が1954年から1972年にかけて作成。法務省刑事局発行の「検察資料」第158号にも収録され、一部の大学図書館でも購入されている)などによると、法務省は全国の地方検察庁に「実質的に重要と認められる事件のみ裁判権を行使する」よう通達を出した。また、批判を受ける恐れのある裁判権不行使ではなく、起訴猶予にするよう勧めていた。これらのことが裁判権放棄密約の傍証として挙げられている。

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Okinawa surrender Click on image to enlarge
Japanese Surrender in the Ryukyu Islands, September 1945
Lieutenant General Joseph W. Stilwell, Commanding General, Tenth Army, signs the surrender document during ceremonies held at Tenth Army Headquarters on Okinawa, 7 September 1945. Standing beside him are Colonel Philip H. Bethune, of the G-2 Section, and Major General Frank D. Merrill, Chief of Staff, Tenth Army. Interpreter T/4 Robert H. Oda is standing opposite the table, at right. The Japanese delegation is standing behind the table, at left. Note Tenth Army shoulder patch worn by T/4 Oda. Official U.S. Navy Photograph, now in the collections of the National Archives.
Photo and caption Naval History and Heritage Command Catalog No. 80-G-344918
Okinawa surrender The Argus, Melborne
8 September 1945, page 1
Yosha Bunko clipping from
National Library of Australia

Okinawa

The photograph to the right shows Lieutenant General Joseph W. Stilwell, the commanding General of the 10th Army, signing the surrender document at a ceremony held at 10th Army Headquarters on Okinawa on 7 September 1945.

The United States invaded the Ryukyus on 1 April 1945

Okinawa crimes Pacific Stars and Stripes
21 June 1972, page 7

Number of SOFA personnel accused of crimes on Okinawa drops

By Matthew M. Burke and Chiyomi Sumida
Pacific Stars and Stripes
Published 3 March 2015

Caption to photograph: An aerial view of Camp Schwab, Okinawa. New statistics show the number of U.S. servicemembers, family members and civilian workers accused of committing crimes on Okinawa dropped last year to the lowest level since the reversion of the tiny island prefecture back to Japan in 1972.

CAMP FOSTER, Okinawa -- New statistics show the number of U.S. servicemembers, family members and civilian workers accused of committing crimes on Okinawa dropped last year to the lowest level since the reversion of the tiny island prefecture back to Japan in 1972.

Okinawa is not a "tiny island" but a sprawling achipelago. At about 2,276 square kilomters, it the 44th largest (4th smallest) of Japan's 47 prefectures, it falls between Tokyo (45th at 2,188 km) and Kanagawa (43rd at 2.416 km).

Out of 3,410 total arrests prefecture-wide in 2014, only 27 involved Status of Forces Agreement personnel, down from 38 in 2013, according to statistics released Feb. 12 by Okinawa Prefectural Police. Of those, only 10 were servicemembers on active duty, the same as the previous year..

The overall number of crimes allegedly perpetrated by SOFA personnel dropped from 32 to 29..

The number of what are referred to in Japan as "heinous" crimes, including rape, murder, robbery and arson, went up in 2014 ? to a single arrest for rape. That charge, however, was later dropped by Japanese prosecutors, U.S. officials said. Also, the number of arrests for violent crimes such as assault and extortion dropped from seven to four.

Okinawan police officials declined to comment on the statistics by phone. U.S. Forces Japan said good conduct by servicemembers is "key" to fostering a relationship with the communities that host them..

The fall in the numbers was likely impacted by a curfew and restrictions on alcohol consumption that began in 2012 following the rape of an Okinawan woman by two visiting U.S. Navy sailors. The restrictions lasted in some form until Dec. 9..

A similar curfew, enacted in 1995 following the brutal gang rape of a 12-year-old girl by two Marines and a Navy corpsman, contributed to the second-lowest total since 1972 ? 33 arrests on 39 crimes in 1996..

That particular crime led to a surge in anti-U.S. military sentiment on the island and widespread protests that have left a lingering impact to this day. Any crimes perpetrated by SOFA personnel are highly publicized in local media and threaten to harm the U.S. military alliance with Japan..

"We have made progress since implementing the USFJ Liberty Policy to address issues of concern, and have realized a substantial drop in the number of incidents of misconduct across the command as members are taking care of and educating each other to make responsible choices," Marine Gunnery Sgt. Tiffany Carter, media relations chief for USFJ, said in a statement In November, Okinawa overwhelmingly elected Takeshi Onaga, who ran on an anti-U.S. military platform, as governor..

The current batch of crime figures is remarkably low considering there are approximately 30,000 U.S. troops stationed on Okinawa, along with 20,000 family members and civilian government employees..

According to Federal Bureau of Investigation crime statistics, the estimated arrest rate in the United States in 2012 was 1,944.1 ? including 83.15 for violent crimes ? per 50,000 inhabitants..

The number of arrests of SOFA personnel on Okinawa has steadily declined since peaking in 1977 with 396 arrests on 342 crimes, according to the data. There were 280 arrests in 1980, 74 in 1990, and 67 in 2000..

burke.matt@stripes.com
sumida.chiyomi@stripes.com.

Clarificaiton: The original version of this story should have stated that a rape charge filed against a Marine in 2014 was later dropped by Japanese prosecutors.

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Ryukyu Islands 1945-1972

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Okinawa prefecture 1972 to present

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