Enemy Airmen's Act
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The Enemy Airmen's Act was a law passed by
Imperial Japan The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II 1947 constitution and subsequent forma ...
on 13 August 1942 which stated that
Allied An alliance is a relationship among people, groups, or states that have joined together for mutual benefit or to achieve some common purpose, whether or not explicit agreement has been worked out among them. Members of an alliance are called ...
airmen An airman is a member of an air force or air arm of a nation's armed forces. In certain air forces, it can also refer to a specific enlisted rank. An airman can also be referred as a soldier in other definitions. In civilian aviation usage, t ...
participating in bombing raids against Japanese-held territory would be treated as "violators of the
law of war The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territor ...
" and subject to trial and punishment if captured by Japanese forces. This law contributed to the deaths of hundreds of Allied airmen throughout the Pacific and Asian theaters of
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
. Shortly after World War II, Japanese officers who carried out
show trial A show trial is a public trial in which the judicial authorities have already determined the guilt or innocence of the defendant. The actual trial has as its only goal the presentation of both the accusation and the verdict to the public so th ...
s and illegal executions under the Enemy Airmen's Act were found guilty of war crimes.


Background


Doolittle Raid

In an operation conducted primarily to raise morale in the United States following the Japanese sneak attack on Pearl Harbor on 7 December 1941, 16
B-25 Mitchell The North American B-25 Mitchell is an American medium bomber that was introduced in 1941 and named in honor of Major General William "Billy" Mitchell, a pioneer of U.S. military aviation. Used by many Allied air forces, the B-25 served in ...
medium bomber A medium bomber is a military bomber Fixed-wing aircraft, aircraft designed to operate with medium-sized Aerial bomb, bombloads over medium Range (aeronautics), range distances; the name serves to distinguish this type from larger heavy bombe ...
s were carried from
San Francisco San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
to within range of Japan on the aircraft carrier USS Hornet. These aircraft were launched on 18 April 1942 and individually bombed targets in
Tokyo Tokyo (; ja, 東京, , ), officially the Tokyo Metropolis ( ja, 東京都, label=none, ), is the capital and largest city of Japan. Formerly known as Edo, its metropolitan area () is the most populous in the world, with an estimated 37.468 ...
,
Yokohama is the second-largest city in Japan by population and the most populous municipality of Japan. It is the capital city and the most populous city in Kanagawa Prefecture, with a 2020 population of 3.8 million. It lies on Tokyo Bay, south of To ...
,
Yokosuka is a city in Kanagawa Prefecture, Japan. , the city has a population of 409,478, and a population density of . The total area is . Yokosuka is the 11th most populous city in the Greater Tokyo Area, and the 12th in the Kantō region. The city ...
,
Nagoya is the largest city in the Chūbu region, the fourth-most populous city and third most populous urban area in Japan, with a population of 2.3million in 2020. Located on the Pacific coast in central Honshu, it is the capital and the most pop ...
, and
Kobe Kobe ( , ; officially , ) is the capital city of Hyōgo Prefecture Japan. With a population around 1.5 million, Kobe is Japan's seventh-largest city and the third-largest port city after Tokyo and Yokohama. It is located in Kansai region, whic ...
. The Japanese air defense units were taken by surprise, and all the B-25s escaped without serious damage. The aircraft then continued to China and the Soviet Union, though several crashed in Japanese-held territory after running out of fuel, resulting in eight airmen being apprehended by Japanese forces. Japanese casualties during the Doolittle Raid were 50 killed and over 400 wounded and about 200 houses were destroyed.


Response

The Japanese were embarrassed by the impact of the Doolittle Raid. On 13 July 1942, the Japanese Vice Minister of War issued Military Secret Order 2190: Following receipt of that Order, the Assistant Chief of Staff of Imperial Army Headquarters dispatched it to the Chief of Staff of the Japanese Expeditionary Force in China. He attached a Memorandum which stated that: "In regard to Military Secret order No. 2190 concerning the disposition of the captured enemy airmen, request that action be deferred ... pending proclamation of the military law and its official announcement, and the scheduling of the date of execution of the American airmen." On 13 August 1942, General
Shunroku Hata was a field marshal ('' gensui'') in the Imperial Japanese Army during World War II. He was the last surviving Japanese military officer with a marshal's rank. Hata was convicted of war crimes and sentenced to life imprisonment in 1948, but was ...
, Supreme Commander of the Japanese Forces in China promulgated Military Order No. 4, which became known as the "Enemy Airmen's Act". This law, which was in part ex post facto, provided that:


Allied casualties

The Enemy Airmen's Act contributed to the deaths of untold numbers of Allied airmen throughout the Pacific War. The first victims to be put on trial under the act were the Doolittle raiders captured by the Japanese in China in April 1942. They were put on trial on 28 August in Tokyo and charged with allegedly
strafing Strafing is the military practice of attacking ground targets from low-flying aircraft using aircraft-mounted automatic weapons. Less commonly, the term is used by extension to describe high-speed firing runs by any land or naval craft such ...
Japanese civilians during the 18 April raid. However, the Japanese did not produce sufficient evidence against them. Worse, the eight airmen were forbidden to give any defense and nonetheless found guilty of "bombing, strafing, and otherwise attacking of civilians with the objective of cowing, intimidating, killing or maiming them" and sentenced to death. However, on the urging of
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Hideki Tojo Hideki Tojo (, ', December 30, 1884 – December 23, 1948) was a Japanese politician, general of the Imperial Japanese Army (IJA), and convicted war criminal who served as prime minister of Japan and president of the Imperial Rule Assistan ...
,
Emperor Hirohito Emperor , commonly known in English-speaking countries by his personal name , was the 124th emperor of Japan, ruling from 25 December 1926 until his death in 1989. Hirohito and his wife, Empress Kōjun, had two sons and five daughters; he was ...
commuted five to life imprisonment. The three others were taken to a cemetery outside
Shanghai Shanghai (; , , Standard Mandarin pronunciation: ) is one of the four direct-administered municipalities of the People's Republic of China (PRC). The city is located on the southern estuary of the Yangtze River, with the Huangpu River flow ...
in China where they were executed by
firing squad Execution by firing squad, in the past sometimes called fusillading (from the French ''fusil'', rifle), is a method of capital punishment, particularly common in the military and in times of war. Some reasons for its use are that firearms are us ...
on October 14, 1942. News of the execution caused massive public outrage in the U.S. and
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
Franklin D. Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
condemned the Japanese as "barbarous" and "depraved". Historian
John W. Dower John W. Dower (born June 21, 1938 in Providence, Rhode Island, Providence, Rhode Island) is an American author and historian. His 1999 book ''Embracing Defeat, Embracing Defeat: Japan in the Wake of World War II'' won the U.S. National Book Awar ...
noted that the public outrage "was comparable to the rage that greeted the news of Pearl Harbor." The British embassy in Washington D.C. reported the emotional response to London that the uproar was such that it "sharply increased the stimulus of national anger and humiliation which makes of the Pacific front permanently a more burning issue than he European front is ever likely to be." On 16/17 March 1945, 331
USAAF The United States Army Air Forces (USAAF or AAF) was the major land-based aerial warfare service component of the United States Army and ''de facto'' aerial warfare service branch of the United States during and immediately after World War II ...
B-29 The Boeing B-29 Superfortress is an American four-engined propeller-driven heavy bomber, designed by Boeing and flown primarily by the United States during World War II and the Korean War. Named in allusion to its predecessor, the B-17 Fly ...
heavy bombers Heavy bombers are bomber aircraft capable of delivering the largest payload of air-to-ground weaponry (usually Aerial bomb, bombs) and longest range (aeronautics), range (takeoff to landing) of their era. Archetypal heavy bombers have therefore ...
launched a
firebombing Firebombing is a bombing technique designed to damage a target, generally an urban area, through the use of fire, caused by incendiary devices, rather than from the blast effect of large bombs. In popular usage, any act in which an incendiary ...
raid against the Japanese city of
Kobe Kobe ( , ; officially , ) is the capital city of Hyōgo Prefecture Japan. With a population around 1.5 million, Kobe is Japan's seventh-largest city and the third-largest port city after Tokyo and Yokohama. It is located in Kansai region, whic ...
as part of the
strategic bombing Strategic bombing is a military strategy used in total war with the goal of defeating the enemy by destroying its morale, its economic ability to produce and transport materiel to the theatres of military operations, or both. It is a systematica ...
campaign of Japan. After the raid, 8,841 residents were confirmed to have been killed in the resulting
firestorms A firestorm is a conflagration which attains such intensity that it creates and sustains its own wind system. It is most commonly a natural phenomenon, created during some of the largest bushfires and wildfires. Although the term has been used ...
, which destroyed an area of three square miles and included 21% of Kobe's urban area. Three B-29 bombers were lost during the raid. Two B-29 airmen, Sergeant Algy S. Augunas and 2nd Lieutenant Robert W. Nelson, who survived after being downed, were captured by the Japanese and taken to the Osaka military prison where the Central Army had its headquarters. The captured fliers were brought before a hastily convened court, found guilty of "indiscriminate bombing" of
Osaka is a designated city in the Kansai region of Honshu in Japan. It is the capital of and most populous city in Osaka Prefecture, and the third most populous city in Japan, following Special wards of Tokyo and Yokohama. With a population of 2. ...
and Kobe, and sentenced to death. Asked if he had any last words, Sergeant Augunas stated simply: "I don't hate none of you, because you did your duty as I did my duty, only what I want to say is that this damn war will be over soon and there will be peace forever. That is all." After a botched beheading that the Japanese tried to cover up, the two Americans were shot in the head at point-blank range. It is estimated that 132 Allied airmen shot down during bombing raids on Japan in 1944–45 were
executed Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
after summary trials or
drumhead court-martial A drumhead court-martial is a court-martial held in the field to hear urgent charges of offences committed in action. The term sometimes has connotations of summary justice. The term is said to originate from the use of a drum as an improvised ...
s. 33 American airmen were deliberately killed by IJA personnel at Fukuoka, including 15 who were beheaded shortly after the Japanese Government's intention to surrender was announced on August 15, 1945. Mobs of civilians also killed several Allied airmen before the Japanese military arrived to take the men into custody. Another 94 airmen died from other causes while in Japanese custody, including 52 who were killed when they were deliberately left in a prison during the
bombing of Tokyo The was a series of firebombing air raids by the United States Army Air Force during the Pacific campaigns of World War II. Operation Meetinghouse, which was conducted on the night of 9–10 March 1945, is the single most destructive bombing ...
on May 24–25, 1945. In July 1945, a flight of American B-24 aircraft were sent on a mission to bomb Japanese-controlled Singapore. As they flew over to the target, they were shot down by two Japanese warships, the destroyer ''Kamikaze'' and the minesweeper, ''Toshimaru''. Seven survivors were picked up by the two ships and brought to the
naval base A naval base, navy base, or military port is a military base, where warships and naval ships are docked when they have no mission at sea or need to restock. Ships may also undergo repairs. Some naval bases are temporary homes to aircraft that us ...
at
Seletar Seletar is an area located in the north-east of Singapore. Its name can also refer to the Seletar Planning Area (as defined by the Urban Redevelopment Authority), situated in the North-East Region of Singapore. The place name was derived from th ...
where they were detained for some time. On August 4/5, 1945, the flyers were executed.


Aftermath

After World War II, many Japanese officers who carried out mock trials and illegal executions under the Enemy Airmen's Act were found guilty of war crimes. At the trial of Lieutenant-Commander Okamoto by a British
military tribunal Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodie ...
in December 1947, he was accused of ordering the execution of captured American airmen in Singapore. Sub-lieutenant Oka Harumitzu at the trial said that the flyers were taken into Seletar Naval Base shortly after the planes were shot down. The flyers were divided into two groups, three were put in one hut and four in another. On August 4-5, 1945, the flyers were put inside a truck by Japanese officers with the intention of
beheading Decapitation or beheading is the total separation of the head from the body. Such an injury is invariably fatal to humans and most other animals, since it deprives the brain of oxygenated blood, while all other organs are deprived of the i ...
them. Later, all of the flyers were executed by 25 Japanese sailors. Some Japanese officers argued that the execution of American flyers was justified because they could not send them back to Japan, could not guard them indefinitely, and that although the general policy was to send enemy prisoners of war back to Japan or hand them over to Japanese authorities, the orders of Fleet HQ had to be carried out.


References


Works cited

* {{cite book, last=Tillman, first=Barrett, authorlink=Barrett Tillman, title=Whirlwind: The Air War Against Japan 1942–1945, publisher=Simon and Schuster, location=New York City, year=2010, isbn=978-1-4165-8440-7, url=https://archive.org/details/whirlwindairwara00till Japan in World War II Japanese war crimes 1942 in Japan 1942 in law