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極東国際軍事裁判所判決より 南京暴虐と松井石根·武藤章 1948.11












第四節 蘆溝橋事件(一九三七年七月七日)から一九三八年一月十六日の近衞聲明まで より



  When MATSUI was appointed Commander of the Shanghai Expeditionary Forces and left Tokyo for the fighting area, he already had thoughts of pushing on to Nanking after the intended capture of Shanghai.  He requested five divisions for the Shanghai Expeditionary Force before leaving Tokyo. Actual preparations for the advance upon China’s capital were made, for he had previously made a study of the topography in the vicinity of Shanghai and Nanking.  On 8 October 1937, MATSUI issued statement in which he said “the devil-defying sharp bayonets were just on the point of being unsheathed so as to develop their devine influence, and that the mission of the Army was to fulfill all its duties of protecting Japanese residents and interedts, and to chastise the Nanking Government and the outrageous Chinese.”  As the area of hostilities around Shanghai was likely to expand, MATSUI was appointed Commander of in Chief of the Central China Expeditionary Forces.



  MUTO, Akira, was appointed MATSUI’s vice-chief of staff in late November 1937.  Approximately one month after the capture of Shanghai, the Japanese Army arrived outside the city of Nanking.  MATSUI issued an order to the effect that as Nanking was the capital of China, its capture was an International event and careful studies should be made so as to dazzle China with Japan’s military glory.  The Japanese demand for surrender was ignored by the Chinese Government.  Bombardment started and the city fell on 13 December 1937.  The Japanese Army that entered Nanking was a newly-formed organization, but it was composed of experienced troops. 【p.708→】MATSUI made his triumphant entry on December 1937. From 13 December onward, there occured what has come to be known the “Rape of Nanking” which will be dealt with in a later phase.


  On 1 January 1938, a provisional self-governing body was set up, flying the old discarded five-coloured Chinese flag instead of the blue Sky and White Sun which is the official national flag of China.



https://www.jacar.archives.go.jp/das/meta/A08071272100 63~64/200

↑A級極東国際軍事裁判記録(和文)(NO.162) https://www.jacar.archives.go.jp/das/meta/A08071307400 187~188/316












  As the Central China Expeditionary Force under command of MATSUI approached the city of Nanking in early December 1937, over one-half of its million inhabitants and all but a few neutrals who remained behind to organize an International Safety Zone, fled from the city.  The Chinese Army retreated, leaving approximately 50,000 troops behind to defend the city.  As the Japanese Forces stormed the South Gate on the night of 12 December 1937, most of remaining 50,000 troops escaped through the North and West Gates of the city.  Nearly all the Chinese soldiers had evacuated the city or abandoned their arms and uniforms and sought refuge in the International Safety Zone and all resistance had ceased as the Japanese Army entered the city on the morning of 13 December 1937.  The Japanese soldiers swarmed over the city and committed various atrocities.  According to one of eyewitnesses they were let loose like a barbarian horde to desecrate the city.  It was said by eyewitnesses that the city appeared to have fallen into the hands of Japanese as captured prey, that it had not merely been taken in orgsnized warfare, and that members of the victorious Japanese Army had set 【p.1,012→】upon the prize to commit unlimited violence.  Individual soldiers and groups of two or three roamed over the city murdering, raping, looting, and burning.  There is no discipline whatever.  Many soldiers were drunk.  Soldiers went through the strests indiscriminately killing Chinese men, women and children without apparent provocation or excuse until in places the streats and arrays were littered with the bodies of their victims.  According to another witness Chinese were hunted like rabbits, everyone seen to move was shot.  At least 12,000 non-combatant Chinese men, women and children met their deaths in these indiscriminate killings during the first two or three days of the Japanese occupation of the city. 



  There were many cases of rape. Death was a frequent penalty for the slightest resistance on the part of a civtion[→victim?] or the members of her family who sought to protect her.  Even girls of tender years and old woman were raped in large numbers throughout the city, and many cases of abnormal and sadistic behavior in connection with these rapings occured.  Many woman were killed after the act and their bodies mutilated.  Approximately 20,000 cases of rape occured within the city during the first month of the occupation.


  Japanese soldiers took from the people everything they desired.  Soldiers were observed to stop unarmed civilians on the road, search them, and finding nothing of value then to shoot them. Very many residential and commercial properties were entered and looted.  Looted stocks were carried away in trucks. After looting shops and warehouse, the Japanese soldiers frequently set fire to them.  Teiping Road, the most important 【p.1,013→】shopping streat, and block of the commercial section of the city were destroyed by fire. Soldiers burned the homes of civilians for no apparent reason.  Such burning appeared to follow a prescribed pattern after a few days and continued for six weeks.  Approximately one-third of the city was thus destroyed.


  Organized and wholesale murder of male civilians was conducted with the apparent sanction of the commanders on the pretense that Chinese soldiers had removed their uniforms and were mingling with the population.  Groups of Chinese civilians were formed bound with their hands behind their backs, and marched outside the the wall of the city where they were killed in groups by machine gun fire and with bayonets.  More than 20,000 Chinese men of military age are known to have died in this fashion.


  The German Government was informed by its representatives about “atrocities and criminal acts not of an Individual but of an entire Army, namely, the Japanese”, which Army, later in the Report, was gualified as a “bestial machinery.”


  Those outside the city fared little better than those within. Practically the same situation existed in all the communities eithin 200 li (about 66 miles) of Nanking.  The population had fled into the country-side in an attempt to escape from the Japanese soldiers.  In places they had grouped themselves into fugitive camps.  The Japanese captured many of these camps and visited upon the fugitives treatment similar to that accorded the inhabitants of Nanking.  Of the civilians who had fled Nanking over 57,000 were overtaken and interned.  These were starved and tortured in captivity until a large 【p.1,014→】number died.  Many of the survivors were killed by machine gun fire and by bayoneting.

 城外の人々は、城内のものよりややましであつた。[「ややまし」は誤訳。 “little better” は「ましとは言い難い」「ほとんど変わらない」という意味。]南京から二百中國里(約六十六マイル)以内のすべての部落は、大体同じような状態にあった。住民は日本兵から逃れようとして、田舎に逃れていた。所々で彼らは避難民部落を組織した。日本側はこれらの部落の多くを占據し、避難民に對して、南京の住民に加えたと同じような仕打ちをした。南京から避難していた一般人のうちで五萬七千人以上が追いつかれて收容された。收容中にかれらは飢餓と拷問に遭つて、ついには多數の者が死亡した。生き殘つた者のうちの多くは、機關銃と銃劍で殺された。

  Large portions of Chinese soldiers laid down their arms and surrendered outside Nanking; within 72 hours after their surrender they were killed in groups by machine gun fire along the Yangtze River.  【p.1,015→】Over 30,000 such prisoners of war were so killed.  There was not even a pretense of trial of those prisoners so massacred.


  Estimates made at a later date indicate that the total number of civilians and prisoners of war murdered in Nanking and its vicinity during the first six weeks of the Japanese occupation was over 200,000.  That these estimates are not exaggerated is borne out by the fact that burial societies and other organizations counted more than 155,000 bodies which they buried.  They also reported that most of those were bound with their hands tied behind their back. These figures do not take into account those persons whise bodies were destroyed by burning or by throwing them into the Yangtze River or otherwise disposed of by Japanese. 


  Japanese Embassy officials entered the city of Nanking with the advance elements of the Army; and on 14 December an official of the Embassy informed the International Committee for the Nanking Safety Zone that the “Army was determined to make it bad for Nanking, but that the Embassy officials were going to try to moderate the action”.  The Embassy officials also informed the members of the Committee that at the time of the occupation of the city no more than 17 military policeman were provided by the Army commanders to maintain order within the city.  When it transpired that complaints to the Army officials did not have any result, those Japanese Embassy officials suggested to the foreign missionaries that the latter should try and get publicity in Japan, so that the Japanese Government would be forced by public opinion to curb the Army.


  Dr. Bates testified that the terror was intense for two and one-half to three weeks, and was serious six to seven weeks following the fall of the city.


  Smythe, the secretary of the Int. Committee for the Safety Zone, filed two protests a day for the first six weeks.


  MATSUI, who had remained in a rear area until 17 December, made a triumphal entry into the city on that day and on 18 December held a religious service for the dead, after which he issued a statement in the course of which he said: I extend my sympathy to millions of innocent people in the Kiangpei and Chekiang districts, who suffered the evils 【p.1,017→】of war.  Now the flag of the rising sun is floating high over Nanking, and the Imperial Way is shining in the southern parts of the Yangtze-Kiang.  The dawn of the renaissance of the East is on the verge of offering itself.  On this occasion, I hope for reconsideration of the the situation by the 400 million people of China”. MATSUI remained in the city for nearly a week.


  MUTO, then a colonel, had joined MATSUI’s staff on 11 November 1937 and was with MATSUI during the drive on Nanking and participated in the triumphal entry and occupation of the city.  Both he and MATSUI admit that they heard of the atrocities being committed in the city during their stay at rear haedquarters after the fall of the city.  MATSUI admits that he heard of that foreign governments were protesting against the commission of these atrocities.  No effective action was taken to remedy the situation.  Evidence was given before the Tribunal by an eye witness that while MATSUI was in Nanking on the 19th of December the business section of the city was in flames.  On that day the witness counted forteen fires in the principal business street alone. After the entry of MATSUI and MUTO into the city, the situation did not improve for weeks.


  Members of Diplomatic Corps and Press and the Japanese Embassy in Nanking sent out reports detailing the atrocities being committed in and around Nanking.  The Japanese Minister-at-Large to China, Ito, Nobumori, was in Shanghai from September 1937 to February 1938.  He received reports from the Japanese Embassy in Nanking and from members of the Japanese troops and 【p.1,018→】sent a resume of the reports to the Japanese Foreign Minister, HIROTA.  These reports as well as many others giving information of the atrocities committed at Nanking, which were forwarded by members of the Japanese diplomatic officials in China, were forwarded by HIROTA to the War Ministry of which UMEZU was Vice-Minister.  They were discussed at Liaison-Conferences, which were attended by the Prime Minister, War and Navy Ministers, Foreign Minister HIROTA, Prince Minister KAYA, and the Chiefs of the Army and Navy General Syaffs.


  News reports of the atrocities were widespread. MINAMI, who was serving as Governor-General of Korea at the time, admits that he read these reports in the Press.  Following these unfavorable reports and the pressure of public opinion aroused in nations all over the world, the Japanese Government recalled MATSUI and approximately 80 of his officers but took no action to punish sny of them. MATSUI, after his return to Japan on 5 March 1938, was apointed a Cabinet Councillor and on 29 April 1940 was decorated by the Japanese Government for “meritorious services” in the China War.  MATSUI, in explaining his recall, says that he was not replaced by HATA because the atrocities committed by his troops at Nanking but because he considered his work ended at Nanking and wished to retire from the Army. He was never punished.


  The barbarous behavior of the Japanese Army cannot be excused as the acts of a soldiery which had temporarily gotten out of hand when at last a stubbornly defended pisition had capitulated ― rape, arson and murder continued to be committed on a large scale for at least six week after the city had taken and for at least 【p.1,019→】four weeks after MATSUI and MUTO had entered the city.


  The new Japanese Garrison Commander at Nanking, General Amaya, on 5 February 1938, at the Japanese Embassy in Nanking made a statement to the Foreign diplomatic corps criticizing the attitude of foreigners who had been sending abroad reports of Japanese atrocities at Nanking and upbraiding them for encouraging anti-Japanese feeling.  This statement by Amaya reflected the attitude of the Japanese Military toward foreigners in China, who were hodtile to the Japanese policy of waging an unrestrained punitive war against the people of China.






↑A級極東国際軍事裁判記録(英文)(NO.163) https://www.digital.archives.go.jp/img.pdf/3327729 174~182/299

↑A級極東国際軍事裁判記録(和文)(NO.163) https://www.jacar.archives.go.jp/das/meta/A08071307600 170~179/303






  The Tribunal will proceed to render its verdict in the case of each of the accused.

C部 第十章 判定


  Article 17 of the Charter requires that the judgment shall give the resson on which it is based. These reasons are stated in the recital of facts and the statement of findings the reading of which has just been completed.  Therein the Tribunal has examined minutely the activities of each of the accused connected in relation to the matters in ussue.  Consequently, the Tribunal does not propose in the verdicts now to be read to repeat the many particular findings on which the verdicts are based.  It will give its reasons in general term for its findings in respect of each accused, such reasons being based on the particular statements and findings in the recital already reffered to.



     MATSUI,  Iwane

  The accused MATSUI is charged under Counts 1, 27, 29, 31, 32, 35, 36, 57 54 and 55.



  MATSUI was a senior Officer in the Japanese Army and attained the rank of General in 1933.  He had a wide experience in the Army, including service in the Kwantung Army and in and in the General Staff.  Although his close association with those who conceived and carried out the cinspiracy suggests that he must have been aware of the purposes and policies of the conspirators, the evidence before the Tribunal dose not justify a finding that he was a conspirator.


  His military service in China in 1937 and 1938 cannot be regarded, of itself, as the waging of an aggressive war.  To justify a conviction under Count 27 it was the duty of the prosecution to tender evidence which would justify an inference that he had knowledge of the criminal character of that war.  This has not been done.


  In 1935 MATSUI was placed on the retired list but in 1937 he was recalled to active duty to command the Shanghai Expeditionary Force.  He was then appointed Commander-in-Chief of the Central China Area Army, which included the Shanghai Expeditionary Force and the Tenth Army.  With these troops he captured the city of Nanking on 13th December 1937.


  Before the fall of Nanking the Chinese forces withdrew and the occupation was of a defenceless city.  Then followed a long succession of most horrible atrocities committed by the Japanese Army upon the helpless cittizens.  Wholesale massacres, individual murders, 【p.1,161→】rape, looting and arson were committed by Japanese soldiers.  Although the extent of the atrocities was denied by Japanese witnesses the contrary evidence of neutral witnesses of different nationalities and undoubted responsibility is overwhelming.  This orgy of crime started with the capture of the city on the 13th December 1937 and did not cease until early February 1938.  In this period of six or seven weeks thousands of woman were raped upwards of 100,000 peiple were killed and untold property was stolen and burned.  At the highest of these dreadful happenings, on 17 December, MATSUI made a triumphal entry into the city and remained there from five to seven days.  From his own observations and from the reports of his staff he must have been aware of what was happening.  He admits he was told of some degrea of misbehaviour of his Army by the Kempeitai and by Consular Officials.  Daily reports of these atrocities were made to Japanese diplomatic representatives in Nanking who in turn reported them to Tokyo.  The Tribunal is satisfied that MATSUI knew what was happening.  He did nothing, or nothing efective to abate these horrors.  He did issue orders before the capture of the City enjoining propriety or confuct upon his troops and later he issued further orders to the same purport.  These orders were of no effect as is now known and as he must have known.  It was pleaded in his behalf that at this time he was ill.  His illness was not sufficient to prevent his conducting the military operations of his command nor to prevent his visiting the city for days while these atrocities were occuring.  He was in command of the Army responsible for these happenings.  He knew of them.  He had the power as he had the duty to control 【p.1,162→】his troops and to protect the the unfortunate citizens of Nanking.  He must be held criminally responsible for his failure to discharge this duty.


  The Tribunal holds the accused MATSUI guilty under Count 55 and not guilty under Counts 1, 27, 29, 31, 32, 35, 36 and 54.




     MUTO,  Akira

     武藤章 より

     War Crimes
  MUTO was an officer on the Staff of MATSUI from November 1937 to July 1938.  It wss during this period that shocking atrocities were committed by the Army of MATSUI in and about Nanking.  We have no doubt that MUTO knew, as MATSUI knew, that these atrocities were being committed over a period of many weeks.  His superior took no adequate steps to stop them.  In our opinion 【p.1,186→】MUTO, in his subordinate pisition, could tske no steps to stop them.  MUTO is not responsible for this dreadful affair.




https://www.jacar.archives.go.jp/das/meta/A08071272500 12, 47~49, 52~53/215

↑A級極東国際軍事裁判記録(和文)(NO.164) https://www.jacar.archives.go.jp/das/meta/A08071307800 16, 52~54, 58/240






附屬書A─五 極東國際軍事裁判所條例 より


第二章 管轄及ビ一般規定

  ARTICLE 5.  Jurisdiction Over Persons and Offenses.  The tribunal shall have the power to try and punish Far Eastern war criminals who as individuals or as members of organizations are charged with offenses which include Crimes agenst Peace.  The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:

  第五條 人並ニ犯罪ニ關スル管轄



  a. Crimes against Pease:  Namely, the planning, preparation, initiation or waging of a declared or undeclared war of aggression, or a war in violation of international law, treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing:

(イ) 平和ニ對スル罪 卽チ、宣戰ヲ布告セル又ハ布告セザル侵略戰爭、若ハ國際法、條約、協定又ハ誓約ニ違反セル戰爭ノ計畫、準備、開始、又ハ遂行、若ハ右諸行爲ノ何レカヲ達成スル爲メノ共通ノ計畫又ハ共同謀議ヘノ參加。

  b. Conventional War Crines: Namely, violation of the laws or customs of war.

(ロ) 通例ノ戰爭犯罪 卽チ、戰爭ノ法規又ハ慣例ノ違反。

  c. Crimes against Humanity:  Namely, murder, extermination, enslavement, deportation, and other inhumane acts committed before or during the war, or persecutions on political or racial grounds in exsecution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.

(ハ) 人道ニ對スル罪 卽チ、戰前又ハ戰時中爲サレタル殺人、殲滅、奴隷的虐使、追放、其ノ他ノ非人道的行爲、若ハ犯行地ノ國内法違反タルト否トヲ問ハズ、本裁判所ノ管轄ニ屬スル犯罪ノ遂行トシテ 又ハ之ニ關聯シテ爲サレタル政治的又ハ人種的理由ニ基ク迫害行爲。

  Leaders, organizers, instigators, and accomplices participating in the formulation or exsecution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts perfirmed by any person in exsecution of such plan.


  ARTICLE 6Responsibility of Accused.  Neither the official pisition, at any time of an accused, nor the fact that an accused acted persuant to order of his government or of a superior shall, of itself, be sufficient to free such accused ftom responsibility for any crime with which he is charged, but such circumstances may be considered in mitigation of punishment if the Tribunal determines thst justice so requires.

  第六條 被告人ノ責任



https://www.jacar.archives.go.jp/das/meta/A08071272500 第103~104画面


https://www.jacar.archives.go.jp/das/meta/A08071307800 第109~110画面



付属書A─六 起訴状 より

  The following counts charge Crime against Peace, being acts for which it is charged that the persons named and each of them are individually responsible in accordance with Article 5 and particularly Article 5(a) and (b) of the Charter of the International Military Tribunal for the Far East, and in accordance with Intetnstional Law, or either of them.

  第一類 平和ニ對スル罪



     COUNT  1.
  All the Defendants together with divers other persons, between the 1st January, 1928 and the 2nd September, 1945, participated as leaders, organizers, instigators, or accomplices in the formulation or exsecution of a common plan or conspiracy, and are responsible for all acts performed by themselves or by any person in exsecution of such plan.

     訴因 第一


  The subjedts of such plan or conspiracy was that Japan should secure the military, naval, political and economic domination of East Asia and of the Pacific and Indian Oceans, and of all countries and islands therein and bordering thereon and for that purpose should alone or in combination with other countries having similar objects, or who could be indused or coerced to join therein, wage declared or undeclared war or wars of aggression, and war or wsrs in violation of International law, treaties, agreements and assurances, against any country or countries which might oppose that purpose.


  The whole of the Particulars in Appendix A, of the Treaty Articles in Appendix B, and of the Assurances in Appendix C, relate to this Count.


     COUNT  27.

  All the Defendants between the 18th September 1931 and the 2nd September, 1945, waged a war of aggregation and a war in violation of International law, treaties, agreements and assurance against the Republic of China.

     訴因 第二十七


  The same Particulars, Treaty Article and Assurance as in Count 2. relate to this Count.


     訴因 第二十九



     訴因 第三十一



     訴因 第三十二



     訴因 第三十五



     訴因 第三十六



  第二類 殺人

下記訴因ニ就キテハ殺人罪及ビ殺人ノ協同謀議ノ罪ニ問フ 該罪ハ茲ニ記載セラレタル者及ビ其ノ各自ガ個々ニ責任アリトセラレ居ル行爲ナルト共ニ旣述ノ裁判所条例第五條ノ全項、國際法及ビ日本ヲ含ム犯罪ノ行ハレタル國々ノ国内法又ハ其等ノ一若クハ二以上ニ違反シタル平和ニ對スル罪、通例ノ戦争犯罪及ビ人道ニ對スル罪ナリ

     訴因 第四十五


  第三類 通例ノ戰爭犯罪及ビ人道ニ對スル罪


     訴因 第五十三






     訴因 第五十四




     COUNT 55.
  The Defendants DOHUIARA, HATA, HOSHINO, ITAGAKI, KAYA, KIDO, KIMURA, KOISO, MUTO, NAGANO, OKA, OSHIMA, SATO, SHIGEMITSU, SHIMADA, SUZUKI, TOGO, TIJO and UMEZU, between the 7th December, 1941 and the 2nd September, 1945, being by virtue of their of their respective offices responsible for securing the observation of the said Convensions and assurances and the Laws and Customs of War in respect of the armed forces in the countries hereinafter named and in respect of many thousands of prisoners of war and civilians then in the power of Japan belonging to the United States of America, the British Commonwealth if Nations, the Republic if France, the Kingdom of the Netherland, the Commonwealth of the Philippines, the Republic of China, the Republic of Portugal and Union of Soviet Socialist Republics, deliberately and recklessly disregarded their legal duty to take adequate steps to secure the observation and prevent breaches thereof, and thereby violated the law of war.
  In the cases of the Republic if China, the said offense  began on the 18th September, 1931, and the following Defendants were responsible for the same in addition to those named above: ARAKI, HASHIMOTO, HIRAYAMA, HIROTA, MATSUI, MATSUOKA, MINAMI.

    訴因 第五十五














https://www.jacar.archives.go.jp/das/meta/A08071272500 第111画面、第114~115画面、

↑A級極東国際軍事裁判記録(和文)(NO.164) https://www.jacar.archives.go.jp/das/meta/A08071307800 126~127, 140~144, 155~156, 159, 161~162/240