U.S. Military's Crimes and Privilege: U.S. Military and Modern Colonialism #3
Japan restored its sovereignty in 1952. However, the U.S. military still has privileges today, and most members' crimes are not tried or punished.
A Lot of Victims
From 1952 to 2016, in Japan, the members of the U.S. military, civilian components, and their dependents committed 210,750 crimes and killed 1,092 Japanese people, according to the Japanese Defense Ministry.
The number of crimes committed on official duty was 49,699, and Japanese deaths were 521; the number of crimes committed off official duty was 161,051, and Japanese deaths were 571.
These statistics didn't include the number of crimes in Okinawa before the U.S. returned it to Japan in 1972.
U.S. Military's Privilege
Japan lost World War II and was occupied by the U.S. until 1952. On September 8, 1951, Japan and the 48 countries signed the Treaty of Peace, but on the evening of the same day, Japan and the U.S. signed the old Security Treaty. Besides, on February 28, 1952, Japan and the U.S. signed the Administrative Agreement.
On April 28, 1952, the Treaty of Peace with Japan, the old U.S.-Japan Security Treaty, and the Administrative Agreement took effect simultaneously. Japan restored its sovereignty; however, the U.S. obtained the right to continue deploying its military in Japan.
In the Administrative Agreement, Article17 paragraph2 prescribed on the crimes that "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."
Also, Article 17 paragraph 3 (a) prescribed that "Japanese authorities may arrest members of the United States armed forces, the civilian component, or their dependents outside facilities and areas in use by the 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."
This Article was unfair to Japan. Therefore, the U.S. and Japan revised in 1953.
In 1960, the U.S. and Japan revised the old Security Treaty, abolished the Administrative Agreement, and signed the Status of Forces Agreement. The new Security Treaty and the Status of Forces Agreement are still valid today; the revised Administrative Agreement Article 17 has remained in the Status of Forces Agreement.
The Status of Forces Agreement, Article 17, paragraph 3 states that the U.S. military authorities have the primary right to exercise jurisdiction over members of the U.S. armed forces or the civilian component regarding offenses in the performance of official duty.
In the case of any other offense, the Japanese authorities have the primary right to exercise jurisdiction. However, Article 17 paragraph 5(c) prescribes that "The custody of an accused member of the United States armed forces or the civilian component over whom Japan is to exercise jurisdiction shall if he or she is in the hands of the United States, remain with the United States until he or she charged by Japan."
Concerning crimes not in the performance of official duty, if a suspect flees into a U.S. military base, the U.S. military doesn't need to turn over them until the Japanese side prosecutes. Thus, the possibility of prosecution would be low because the Japanese side cannot arrest or question the suspect, and the investigation would be insufficient.
To make matters worse, the U.S. and Japan made a secret agreement at the joint committee in 1953 that the Japanese government would not exercise its primary right of jurisdiction except in significant cases.
According to Shoji Niihara, who discovered the secret agreement document, the Japanese side's renunciation of jurisdiction rate was extremely high. Table 1 shows the number of crimes and renunciation cases.
In addition, another secret agreement, also concluded in 1953, provided that if the crime committed by members of the U.S. armed forces or the civilian component isn't apparent occurring off official duty, Japan would turn them over to the U.S. military.
One of the most heinous crimes
On September 4, 1995, two U.S. Marines and one Navy man abducted a 12-year-old girl and raped her in Okinawa.
Though it was clear that members of the U.S. military had committed the crime, the Okinawa Prefectural Police couldn't arrest or question the three suspects because of the above-mentioned Status of Forces Agreement Article 17 paragraph 5 (c).
The privilege was an obstacle to the investigation; Okinawans were angry. Thus, the Okinawan local governments adopted a protest resolution against the U.S. military, and the Okinawan people held a protest rally with 85,000 attendees.
The following month of the case, the U.S. and Japan improved the Status of Forces Agreement's use that "The United States will give sympathetic consideration to any request for the transfer of custody prior to the indictment of the accused which may be made by Japan in specific cases of heinous crimes of murder or rape."
In Okinawa, Japan, Naha District Court tried the three suspects and sentenced them to six years and six months to seven years in prison.
Secret Agreement is Still Effective
However, the prosecution rate is still low.
For instance, in 2021, the U.S. military people's prosecution rate of crimes, except for inflicting death or injury on others by driving a motor vehicle, etc., was only 11.3%. The number of prosecutions was nine, and of non-prosecutions was 71.
The prosecution rate of inflicting death or injury on others by driving a motor vehicle, etc., was 15.9%. The number of prosecutions was 26, and of non-prosecutions was 138.
Recently, the prosecution rate in the whole of Japan has been in the latter part of 30%. The above-mentioned secret agreement is still effective.
Also, it was identified that concerning crimes on official duty in Japan, the U.S. put only one suspect on military trial from 1985 to 2004.
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