War Amps Launch International Claim Against Japanese
GENEVA, SWITZERLAND, August 14, 1990 - The War Amputations of Canada launched a joint claim at the United Nations Human Rights Centre in Geneva today for compensation by the Japanese government on behalf of a six-country committee representing former prisoners of war and civilian internees of the Japanese in World War II.
The claim, which calls for approximately $20,000 (US) for each survivor or widow, was submitted by War Amps Legal Counsel Brian Forbes of Ottawa and Professor John Humphrey of Montreal. They represent The War Amputations of Canada, a Canadian amputee veterans group which was granted status last year to appear before the United Nations as a Non-Governmental Organization and which has spearheaded this international initiative.
The compensation demand on behalf of Canadian PoWs under the UN procedures was made initially in 1986 following discussions between representatives of the Canadian War Amps group and officials of the Japanese Embassy in Ottawa. The Japanese government took the position that Japan's responsibility for reparations was limited to payments from Japanese assets held in Canada before the war. The Japanese officials stated they were relying on the terms of the Peace Treaty signed between Japan and Canada in 1952.
War Amps spokesman Clifford Chadderton of Ottawa refuted this comment, stating that his group had obtained opinions from reputable international lawyers to the effect that the Geneva Conventions make clear that the Peace Treaty did not terminate Japan's obligation to compensate these former PoWs and civilian internees.
The human rights community in Geneva, including the International Committee of the Red Cross and the International Commission of Health Professionals has previously indicated support for the Canadian claim.
The Canadian veterans based their submission on United Nations Resolution 1503, a procedure which provides that countries should be held accountable for human rights violations of the type suffered by the PoWs and civilian internees held by the Japanese. International law also provides that there is no moratorium on war crimes and crimes against humanity and that a succeeding government could be held responsible for gross violations of human rights.
The main legal instrument relied upon with reference to the claim is the Geneva Convention of 1929, which provides a comprehensive code regarding the fair treatment of prisoners of war and civilian internees. The Convention, although originally signed by Japan, had never been formally ratified by that country. "International lawyers appear to agree, however, that Japan was bound by the Convention and, moreover, that the Japanese government had indicated agreement to be bound by the Convention at all material times in World War II," Chadderton said.
When the claim was first presented in Geneva in 1988, the Canadian group was counselled by human rights experts to make an attempt to interest prisoners of war in other Allied countries so that the claim would have international scope.
"Subsequently we contacted former PoWs and civilian internee groups in Australia, New Zealand, the United Kingdom, Holland and the United States, with the result that prisoner of war and civilian internee groups in those countries agreed to join in the claim," Chadderton stated. The Australian group has requested payment on behalf of 22,000 former PoWs. New Zealnd has registered 6,000 individuals, Holland 41,000, the United Kingdom 60,000, the United States 50,000, and Canada 1,300.
Extensive medical studies submitted with the Canadian group's claim indicate that these former PoWs and civilian internees continue to suffer from serious residual disabilities and incapacities as a result of the brutality and atrocities committed by the Japanese in the PoW camps.
In furthering the claim, Chadderton arranged a meeting in Amsterdam, Holland on May 10th of this year with representation from New Zealand, Australia, Holland and the United Kingdom. On May 17th he met in Las Vegas, Nevada with the American Defenders of Bataan and Corregidor, the major American veterans group involved. As a result of these meetings, approval was given to make an international representation at the United Nations Sub-commission hearing being held in Geneva this August pursuant to the Resolution 1503 procedure.
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