Post by w***@aol.comPost by MichelePost by w***@aol.comIt baffles me how you can drag
the term "ethnic cleansing,"....
into anything related to the
internment of enemy citizens by
the U.S. in World War II.
Hey, the very issue is whether it
is > appropriate to call these
people "enemy citizens"
Well, hey! They were the enemy and
they were citizens of enemy
nationality so what's wrong with
calling them what they were, i.e.,
"enemy citizens"?
What's wrong is that by calling them "enemy citizens", a confusion arises -
certainly not deliberate on your part, but it arises nevertheless - between
the position of inhabitants of occupied territories, which these people in
Saipan were, and "enemy aliens", which were, for instance, German nationals
in the USA.
Post by w***@aol.comPost by Michele...and to define their resettlement
as "internment".
Hey again! Nobody called their
resettlement "internment." That was
called "repatriation," which was what
it was.
Was it, now? A baby born in Saipan and having lived all his life in Saipan
is "repatriated" by being sent away from his home land? An adult being born
in Japan but having taken up domicile in Saipan, bought a house in Saipan,
having his livelihood in Saipan, is "repatriated" by being sent away from
his home?
Post by w***@aol.comPost by MicheleIt really does you no good at all
to talk as if that was the reality
and not under discussion.
Well, it was the reality and we are
now discussing that reality. so why
would you think it wasn't under
discussion?
The attempt on your part to portray the matter of contention as if it were a
settled matter.
Post by w***@aol.comPost by Michele... the Hague Convention IV did
speak a lot about the rules for the
military administration of occupied
enemy territories. The whole Section
III of that Convention is dedicated
to that.
So? Nowhere was the subject of the
"internment" and/or the "repatriation"
of enemy civilians prohibited so why
all the hoopla about the alleged
provisions of a 1910 Annex to a
1898-1907 document which no one seems
able to specify?
"alleged provisions"? "no one seems able to specify"? Look them up for
yourself.
http://www.icrc.org/ihl.nsf/FULL/195?OpenDocument
Yes, they do not mention explicitly the subjects of internment and
repatriation.
Post by w***@aol.comThe crux of this thread is about
whether or not the U.S. WWII action to
intern and repatriate Japanese POWs
and civilians of enemy nationality in
the Marianas was in violation of some
alleged provisions of the Hague
Conventions of 1898/1907/1910 which
nobody has produced.
However they do mention what I already mentioned. Since you insist on having
the letter of the articles spelled out to you:
"SECTION III
MILITARY AUTHORITY OVER THE TERRITORY OF THE HOSTILE STATE
Art. 43. The authority of the legitimate power having in fact passed into
the hands of the occupant, the latter shall take all the measures in his
power to restore, and ensure, as far as possible, public order and safety,
while respecting, unless absolutely prevented, the laws in force in the
country."
So it would be up to the US administration to show that they absolutely had
to change the laws of the place in order to dispossess the civilians and
herd them away. Unless, of course, evidence is provided that they did want
to go away of their own will, to a man - evidence that nobody has produced.
"Art. 46. Family honour and rights, the lives of persons, and private
property, as well as religious convictions and practice, must be respected.
Private property cannot be confiscated.
Art. 47. Pillage is formally forbidden."
So were the Japanese nationals at least indemnified for the loss of their
private property?
Post by w***@aol.comPost by Michele....after WWII, another Convention
was added to the first 3 Geneva ones,
the IV, which specifically dealt with
the protection of civilians. Under
that Convention, internment of
civilians is legal _if it is
absolutely necessary for the
security of the detaining Power...
It was legal under the pre-war Hague
rules also and for the same reasons.
Post by MicheleSo the question would arise as to
whether the Japanese nationals, all
of them to the last child, were a
threat to the security of the USA....
Stop. You're breaking my heart. When
it came to children it was obvious
that they were no threat but for both
logistic and humanitarian reasons,
Good, so were the adults a threat? In sapian in 1945, when they were booted
out, not in the Continental USA in 1942, when they might possibly be spies
or saboteurs.
Is there a document showing that the US military administraiton in Saipan
really thought the Japanese adults were a threat to the security of the USA?
Post by w***@aol.comPost by Michele....But internment isn't the end of it, the
people were sent back to Japan. If
it happened today forcible deportation,
today, is 100% illegal Art. 49. Even when
such a move would be totally unavoidable
out of security concerns
Nobody was sent back to Japan from the
U.S. who did not want to go at war's end.
But in the Marianas, there was plenty of
of logistical reason to repatriate them,
voluntarily or not. As it turned out,
however, (as already noted on this thread), requests from the
internees to stay in the
Marianas were noteworthy by their absence.
Likewise noteworthy for their absence is any document supporting the case,
legally or security-wise, for their "repatriation".
In short, we do not know that they went away voluntarily, just as we do not
know that they were forcibly deported.
Post by w***@aol.comPost by MicheleAs to what was legal then, Hague IV
specifies that private property must be
respected, or indemnification/compensation
paid if it's not so.
But there are numerous exceptions and only
if the rules as to what can be confiscated
are broken can the possibility of
compensation exist and the red tape involved
in proving such a claim is voluminous.
Numerous exceptions in what? In the text of Hague IV 1907? So what's all the
hoopla about nobody providing the text, if you know its contents?
In any case, the numerous exceptions all boil down to the fact that if
private property is taken, it must be paid, preferably in cash (Art. 52),
and/or a valid receipt should be issued by the military authority (Art. 51
and 52).
Post by w***@aol.comPost by MicheleGenerally speaking, when one talks about
"enemy civilians" in the context of WWII,
one is talking about foreigners, who are
citizens of an enemy country,
Of course. Who else would they be?
Post by Micheleand who aren't military personnel, who
happen to be in a foreign country at
was (war?) with their own. Internment
was an accepted practice - in _this_
case.
Sure. And "enemy civilians" can also be
living in their own country which could
be under occupation by an enemy country
and as enemies of the occupying power
they can be interned at the discretion of
the occupying power in their own country
as a precautionary measure for security
reasons.
So do you know about security issues in the Marianas? Were they reported,
documented? Do you know about any act of guerrilla or sabotage? Were these
at least _feared_ by the occupying military administration? Did they put
that in writing?
Indeed, rules governing
Post by w***@aol.cominternment in wartime are quite broad.
Even citizens of belligerent nations, as
well as military equipment belonging
thereto, may become subject to internment
by a neutral nation in which they may
happen to find themselves.
The huge chasm into which you are, certainly inadvertently, falling, is the
difference in jurisdiction and applicability of the Hague Conventions.
An Italian citizen in Britain after June 1940 is only subject to British
laws and to customary international law. The British authorities may enact
the laws they want about this man's position, and, if they don't break some
very old and general custom concerning the international relations among
belligerents, thus something that's enshrined in the customs of the nations,
they're fine.
But once the British land in Sicily, the British will find Italian citizens
there - and they will have to comply with additional provisions, in dealing
with them. The provisions of Section III, Hague Convention IV 1907. Guess
what, this gives the Italian citizen in Sicily more rights than the Italian
citizen in Liverpool.
Why? Because these Italians aren't "enemy civilians" abroad. They are
"inhabitants of occupied territory".
Even without resorting to the international laws, it only stands to very
simple reason that a belligerent has more leeway in making the rules for his
own backyard, than in making them once he's got boots on enemy ground.
If we also know a little bit of history of international law, we will now
remember that the reason why the Hague Conventions got a section about the
military administration of occupied territories was, as it often is the case
with international law, the dissatisfaction with the previous state of
things - or to put it more bluntly, the fact that occupying armies had done
what the heck they had wanted on enemy territory in, for instance, the
Napoleonic wars and the war of 1870.
So hypothesizing that the position of a foreigner on enemy territory and
that of a local in his own home when the foreigners are the occupying
soldiers are the same, not only goes against a basic knowledge of
international law as it was in 1939, but also against simple reason and
against a knowledge of history.
Post by w***@aol.comPost by MichelePeople like the Japanese we are talking
about here were called "inhabitants of
occupied territory", not "enemy civilians".
No. to define exactly who they were they
would need to be called "enemy civilians"
which is because that is exactly what they
were.
The "exact definition" is one that suits yourself, but it's not the one used
by the Hague Convention IV. Since you seem to know it contents,
notwithstanding your complaints that nobody seems able to deliver it, please
look it up for yourself.