National Archives and Records Administration
机构间工作组(IWG)

Implementation of the Japanese Imperial Government Disclosure Act and the Japanese War Crimes Provisions of the Nazi War Crimes Disclosure Act
An Interim Report to Congress

Foreword

纳粹战争罪行和日本帝国Government Records Interagency Working Group (IWG) submits this report in response to two statutory requirements: The Nazi War Crimes Disclosure Act of 1998 (P.L.105-246), which established the Nazi War Criminal Records Interagency Working Group (IWG) to oversee the declassification and release of U. S. Government records containing information on Nazi crimes during World War II, including those of Germany's ally, Japan; and The Japanese Imperial Government Disclosure Act of 2000 (P.L. 106-567), which specifically added declassification and release of American records related to Japanese crimes during World War II. Section 2(c)(3) of the Nazi War Crimes Disclosure Act required that appropriate committees of the Senate and the House be informed of the activities of the IWG and Federal agencies in identifying and declassifying records under the Act. The first report under that Act, submitted on October 27, 1999, dealt with the Government's efforts related to the identification and declassification of records related to Nazi war crimes in the European Theater in World War II. This report augments that first report and informs the Congress of the Government's efforts in identifying and declassifying records related to crimes committed by Japan.

本报告符合的法定要求是在2000年12月27日签署的《日本帝国政府披露法》第802(c)条(P.L. 106-567)中。

该规定要求:

在本法颁布之日之后的1年不晚,机构间小组应与第803条一致的最大范围 -

  1. 在国家档案和记录管理局(NARA)上找到,识别,库存,推荐解密,并向公众提供美国的所有分类美国帝国政府的记录;
  2. 与机构协调,并在必要时采取此类行动,以加快向公众发布此类记录;和
  3. Submit a report to Congress, including the Committee on Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives, and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate, describing all such records, the disposition of such records, and the activities of the Interagency Group and agencies under this section.

以下临时报告通过描述IWG调查机构记录并识别和解密日本战争罪记录的努力来满足这些要求。这是一个临时报告。它没有提出最终发现的说明,也没有试图评估解密记录的历史意义。

另请参阅NARA press releaseregarding this Interim Report.

纳粹战争罪和日本帝国政府记录机构间工作组,2002年3月


Nazi War Crimes and Japanese Imperial Government Records
机构间工作组

Members:

Steven Garfinkel(椅子)
National Archives and Records Administration

托马斯·贝尔(Thomas H. Baer)
公共成员
Los Angeles

Richard Ben-Veniste
公共成员
Washington D.C.

Elizabeth Holtzman
公共成员
New York

克里斯蒂娜·布姆威尔(Christina M. Bromwell)
国防部长

John E. Collingwood
联邦调查局


David P. Holmes
Central Intelligence Agency

William H. Leary
国家安全委员会

Eli M. Rosenbaum
司法部

Paul A. Shapiro
United States Holocaust Memorial Museum

Marc J. Susser
国务院


Implementation of the Japanese Imperial Government Disclosure Act and the Japanese War Crimes Provisions of the Nazi War Crimes Disclosure Act
An Interim Report to Congress

Contents


Executive Summary

背景

In conducting business during World War II and the ensuing Cold War years, federal agencies created and collected a variety of records related to individuals and circumstances connected with Japanese war criminals, war crimes, persecution, and looting of assets. Some of those records were initially security classified and a limited number remained classified. The IWG's primary mission under P.L. 105-246 and P.L. 106-567 and in accord with Executive Order 13110 of January 11, 1999, as reconstituted under NSPD-1 by President George W. Bush, is to identify any still-classified records and recommend their declassification by the agencies for release to the American public.

The Working Group membership consists of up to four Presidentially-appointed public members (currently three) and the heads of seven key Executive Branch agencies. The agency heads have named high-level officials to represent them. NARA provides project management and administrative support to the IWG.

The laws and the executive order direct the IWG to:

Activities of the Interagency Working Group with respect to Japanese war crimes records

IWG于1999年1月12日首次开会,随后与学者和其他专家举行了定期会议,参与了日本历史学家的服务,并建立了历史咨询小组(HAP)。创建了HAP是为了就太平洋和欧洲剧院的记录的历史意义提供建议,并指导搜索记录并评估与该法案相关的记录。

1999年4月,IWG在其审议的早期就认为,根据《纳粹战争罪行披露法》对日本战争罪的搜寻部分。一年半以后,通过《日本帝国政府披露法》通过《日本帝国政府披露法》确认了这一决定。IWG首先从事识别和解密与欧洲剧院有关的记录,因为这些唱片比太平洋剧院的记录更庞大。考虑到《日本帝国政府披露法》的通过,IWG正式开始了2000年10月的日本努力阶段。

IWG的网站,http://www.nara.gov/iwg, provides minutes of meetings, reference materials, and notices as records are declassified and are now or will be opened for public consultation.

进度到期

与持有相关文件的政府机构合作,IWG达到了以下最初的里程碑:

在确定了需要根据该法案进行进一步审查的记录机构后,IWG成员机构正在取得解密审查的进展,试图解密并释放给公众尽可能多的材料,与国家安全一致。IWG致力于实现这一目标。迄今为止,已经解密了与日本战争罪有关的18,000页。这些记录和随后被解释的记录将在马里兰州大学公园的奈良进行公开考试。

日本

代理处理和解密状态,2002年1月

Agency 总代理页面要筛选以获取相关性 Pages Remaining to be Screened Jan. 2002 Pages Determined to be Relevant as of Jan. 2002 Relevant Pages Declassified as of Jan. 2002 剩下的相关页面要解密 Relevant Pages Denied In Full Projected Completion Date
CIA 300,000 0 782 782 0 0 11月1日完成
FBI 115,000 0 56,000 0 56,000 0 October 03
军队 1,500,000 0 20 20 0 0 于10月1日完成
Navy 1,201,096 1,200,000 1,096 1,096 0 0 October 02
DIA 250,000 0 0 0 0 0 Completed December 01
AF 2300,000 2,247,500 1,000 0 1,000 0 October 02
NSA 5,996,000* 5,996,000 0 0 0 0 December 03
NARA 2,000,000 50,000 20,000** 16,000*** 4,000 0 October 02
DOJ 1,641,300 0 0 0 0 0 October 02
STATE 4,587,000 2,796,000 1,827 0 1,827 0 October 02
Total 19,890,396 12,289,500 80,725** 17,898*** 62,827 0 December 03

NOTE:2001年末,以下机构完成了他们的工作:NSC和CIA。以下机构没有相关记录:美国国库务部,美国国务院美国信息局,美国航空航天管理局,参谋长联席会议部。

*NSA正在搜索另外29,000,000个电子存储的页面,并将查看发现的任何相关文档。

**包括文件仅是直接相关的部分,但是包含整个文件以保留文件完整性。

***Includes materials previously transferred to NARA that have been declassified by CIA and the Department of State.

实施与日本战争罪相关的行为所需的资源

这些数字基于2001年11月30日的代理报告。由于机构正在继续寻找响ReportsReports应记录并正在制定审查程序,因此应将这些成本估算视为初步。如果一家机构仅报告了一美元的估算值或仅一项人员配备估算,则另一个数字是通过每英尺使用100,000美元的,大约是GS-13级,步骤5的薪酬水平,并带有福利。

Agency Estimated Cost FTE (Full Time Equivalent)
CIA $ 150,000 1.5
国防部
军队 $10,000 0.1
Navy $ 400,000 4
Air Force $ 210,000 2
DIA $50,000 0.5
JCS 210,000 2
NSA $1-2 million 10 to 20
DOJ
Civil Division $150 3小时
刑事部门 $ 22,000 0.25
FBI $100,000 1
NARA $100,000 1
国务院 $300,000 3

迄今为止解密的亮点

以下是与该法案所定位,确定和解密(或其他指定)有关日本战争罪有关的记录的简要描述。下面描述的记录只是该法案已打开的一部分记录。响应该法案的大多数记录仍然是该机构创建或收到的较大记录机构之一。在可能的情况下,政府将共同​​打开整个记录,从而提供理解历史证据所必需的环境。剩下的少数分类记录(解密后)将恢复为撤回的文件。新分类的材料补充剂,并为以前开放的历史记录增加了一些细节;迄今为止,新材料尚未透露重要的新信息或为历史重新解释提供了理由。

那下面的描述还包括一些文件t were previously opened to researchers but now include new material. Other descriptions relate to records that, although opened recently, were not opened under the Act. These records are included in compliance with the instructions of the Assistant to the President for National Security Affairs, who noted in initial guidance to the agencies that "the Act applies only to security classified records. However, in the spirit of the Act, agencies should bring to light hitherto unknown relevant unclassified or declassified records encountered in the course of the search for relevant classified records."

战略服务办公室记录(OSS)

The 1.2 million pages of recently declassified materials from this record group contain scattered evidence of war crimes committed by the Japanese military during the Asia Pacific War. The OSS records touch on the following topics:

陆军工作人员的记录:调查记录存储库(IRR)

Materials from this record group contain some evidence of Japanese war crimes. Intelligence and investigative dossiers also include the following information regarding alleged and convicted war criminals, and individuals associated with them:

Records of the Central Intelligence Agency

国务院的记录

海军法官辩护律师的记录

1997年几个文件夹(解密,但明显ly unused by researchers) relating to pre-trial collection of reports and evidence compiled by American and Allied sources in various theaters of the Asia-Pacific War for possible prosecution of Japanese war crimes and atrocities. These include:

Records from the John F. Kennedy Presidential Library

The Statutes

The Nazi War Crimes Disclosure Act of 1998

1998年的《纳粹战争犯罪披露法》(P. L. 105-246)建立了纳粹战争犯罪记录,机构间工作组(IWG),以监督美国政府在第二次世界大战期间包含有关纳粹犯罪信息的美国政府记录的解密和发布,包括日本的犯罪作为纳粹德国的盟友。根据该法案,日本战争犯罪记录包括几次正式确认。首先,在审议了该法案的含义之后,IWG得出结论,该法案的语言不可避免的含义不仅涵盖了与纳粹德国及其欧洲盟友有关的战争罪记录,还与日本有关。第3(a)(1)(d)条涵盖了与“纳粹政府的任何政府”(包括日本)的记录。其次,1999年9月16日在参议院情报委员会举行的听证会上,立法的主要众议院和参议院赞助商以及2000年6月27日的政府管理,信息和技术小组委员会支持日本与日本有关的纳入记录。第三,行政部门在2000年12月5日的一项备忘录中确认了《纳粹战争罪披露法》范围内与日本有关的记录,该记录是从国家安全事务助理到主要执行分支机构机构的备忘录,题为“《纳粹战争犯罪披露法》的第二阶段实施:日本战争罪记录的识别和披露。”

The Japanese Imperial Government Disclosure Act of 2000

2000年的《日本帝国政府披露法》(P. L. 106-567,2000年情报授权法第VIII标题)专门添加了解密和发行与第二次世界大战期间日本战争罪相关的记录,并将其重命名为纳粹组织,并将其更名为纳粹组织。战争罪和日本帝国政府记录机构间工作组。该法案通过该法案需要进行一些澄清,因为该法案中的所有权和定义可以解释为立法的目的是释放外国政府记录。2000年12月6日,在参议院地板上的一次言论中,旨在解释2000年《情报授权法》的条款,菲因斯坦参议员定义了该法案所涵盖的记录:

"After discussing this with the Senator from Ohio, we agreed that the best course of action was to extend the authorization of the existing IWG until the end of 2003, and give it additional authority to oversee the declassification of Japanese Imperial Government records. In that way, the IWG will be able to undertake an effort to search through U.S. Government records and disclose any classified materials it has on the Japanese Imperial Government similar to the declassification effort underway on Nazi war crimes."

参议院情报主席理查德·谢尔比(Richard Shelby)同意。

费恩斯坦夫人:“我感谢俄亥俄州的参议员,也感谢主席抽出宝贵的时间澄清第七章。具体来说,主席会同意本标题中涵盖的记录是美国政府的记录吗?”

谢尔比先生:“是的。第viii标题涵盖了与第二次世界大战期间日本帝国政府犯下的犯罪有关的任何仍在分类的美国政府记录。”

In his statement upon signing the Intelligence Authorization Act of 2000, on December 27, 2000, President Clinton provided his understanding that Japanese war crimes-related records already being treated under the Nazi War Crimes Disclosure Act would be continued to be processed under that Act:

“该法的标题VIII规定了该法所定义的日本帝国陆军记录的负责解密和披露的要求。行政部门先前一直在解释根据纳粹战争罪的规定,与日本战争罪相关的美国政府记录《披露法》,《公共法》 105-246;因此,我知道第七章不适用于根据《纳粹战争罪行披露法》进行解密的记录。”

All Japanese war crimes-related classified records were already being treated under the 1998 Nazi War Crimes Disclosure Act in accordance with the National Security Adviser's December 5, 2000, directive to Executive Branch Agencies. Because of this and the paucity of remaining classified records related to Japanese war crimes, in practical effect the IWG has recognized no difference in the treatment of records under this combined Act and has made the same diligent effort (using the same procedures) to identify and declassify any records in US Government files on Japanese war criminals.

Implementing the Statutes

Classification Issues

Very few Japanese war criminal records in the custody of the U.S. Government remain classified -- many fewer than records related to Nazi war crimes. There are a number of reasons for this. Foremost among these is that Japanese crimes were also less likely to be well-documented than those of the Germans.

Furthermore, there was more systematic destruction of Japanese records pertaining to war crimes in 1945 in response to specific directives to this effect from Imperial Headquarters in Tokyo than was the case in Germany. It should also be noted that vast quantities of Japanese records were returned to Japan without screening or microfilming.

The remaining security classified documents relating to either theater of the war are overwhelmingly intelligence records. Security classification of records related to Japanese war crimes and conduct of the war was much less likely to be retained after 50 years than for those records related to German crimes and criminals. This is particularly true of intelligence records because of the presence of foreign government information in the European Theater records that was not present in the Pacific Theater records. Because United States intelligence agencies, principally the OSS, worked very closely with the British during the war in Europe, the security classification of the British documentation was retained long after the war due to the wish to protect the British/American liaison relationship in successor organizations such as the CIA. The OSS had much less of a presence in the Pacific Theater during the war, where the predominant agencies were components of the U.S. military. In the Pacific, U.S. intelligence depended much less on the support of the intelligence operations of allies and was under the control of the U.S. military services. Consequently, the U.S. Army, for instance, did not need to protect liaison relationships to the same extent as in Europe. As a result, most of the Japanese war crimes-related classified documentation was released in the 1970s and 1980s, if not before, while much German war crimes intelligence material remained classified out of sensitivity to relationships with allies.

记录和文档

The subject of this Act, war criminals and crimes, was not the original reason for the Government's accumulation of most of the records. The transaction of Government business-diplomacy, military deployment and defense, intelligence, criminal investigation, and many other governmental functions-results in the production of records. Records are created in order to achieve results as authorized by governing laws and regulations. Records reflect the nature of the operations from which they originate. Diplomatic records are organized in a manner appropriate to conducting diplomacy; investigative records reflect the nature of the law enforcement process. Many of the difficulties and complexities associated with locating relevant documents stem from the nature of the documentation. Except for the records specifically collected and created for the prosecution of and conduct of war crimes trials (which do not remain classified), there is no one key that provides access to the relevant records since these records come from more than a dozen agencies and represent a multiplicity of functions exercised and filing systems used over a period extending from 1931 to 1998.

Establishment and Operation of the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group

1999年1月,根据《纳粹战争罪披露法》,总统通过13110号行政命令建立了一个机构间工作组,以监督和协调《纳粹战争罪行披露法》。总统命名来自持有机密记录的主要机构的成员和三名成员代表公众。日本帝国政府披露法为尚未任命的第四名公开成员规定。非成员机构的代表根据需要参加IWG会议。

Since January 1999, the IWG has met 25 times. The meetings have been open to the general public except for the few in which classified information was discussed. In addition the IWG has held open forums in New York, Los Angeles, and Cleveland to report progress to the public and to solicit information from scholars and the public at large. The IWG publishes a newsletter, Disclosure, to keep the public informed. The IWG holds public openings of particularly significant collections of material, most recently opening Nazi-related CIA "Name Files" at the United States Holocaust Memorial Museum in April 2001. The minutes of most of the meetings are available at the IWG web site,http://www.nara.gov/iwg/minutes.html.

Employees of NARA carry out the daily work of the IWG under the immediate direction of the Chair and the Executive Director and in accordance with general guidance set forth by the IWG. Additional staff and administrative support are also provided as needed by NARA through contracts with records management firms and other expert consultants. Contractors supporting the IWG include auditors with expertise in the operations of intelligence and military agencies, historians of World War II in both Europe and Asia, and records managers and database experts to assist with the collection and maintenance of information. Cost estimates are set forth on page 4.

The IWG meets regularly to deliberate matters of policy, to monitor implementation, to receive reports from the staff and individual agency members, and to develop and approve issuance of instructions to Executive Branch agencies regarding compliance. In addition, the IWG staff has held interagency meetings to elaborate on written instructions and answer specific questions. The IWG's actions in fulfilling its Japanese war crimes records functions are described below.

机构间工作组的法定职能

The legislation presents the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group with several specific tasks. On December 5, 2000, the Assistant to the President for National Security Affairs, issued the basic compliance order to initiate the effort with respect to Japanese war crimes records. ( A) Drafted by the IWG, the order followed the precedent of the February 25, 1999, memorandum that outlined the approach to implementing the Act and set forth agency reporting requirements.

The IWG, as specified in Section 802(c)(2), is to "coordinate with agencies and take such actions as necessary to expedite the release of such records to the public." In support of this goal, the Act provides that the IWG undertake five specific tasks. Section 802(c)(1) of the Act requires the IWG to "locate, identify, inventory, recommend for declassification, and make available to the public at NARA, all classified Japanese Imperial Government records of the United States." The following describes progress toward fulfillment of each of these specific tasks. (See page 3 for a flow chart of the overall process.)

Task 1.

找到所有机密的日本帝国政府在美国的记录。

As noted above, "Japanese Imperial Government records" is understood to mean records held by the U. S. Government relating to war crimes committed by agents of the government of Japan during the period 1931 to 1945. The records may be of any date through 1998. All agencies that might possibly hold relevant records were required to conduct a preliminary survey of their records holdings and to submit a report on that survey by January 26, 2001. Agencies were instructed to locate any bodies of records that:

Pertain to individuals, military units, or Governmental or commercial entities which ordered, assisted, or otherwise participated in war crimes or acts of persecution during the period of Japanese aggression prior to and during World War II; or involve assets taken during that period from persons persecuted by the Imperial Japanese regime or its allies. For purposes of this survey, agencies should include any records that are likely to contain information, or lead to information, on war crimes, war criminals, or looted assets regarding Japan, or countries allied with, occupied by, or established with the assistance or cooperation of the Imperial Japanese Government, or in the Pacific Theater during World War II.

指示机构在进行此调查以及随后确定记录和解密审查时对该法案进行广泛的看法。调查的结果是,确定了大约2000万页的宇宙,由记录机构组成,这些记录可能包含根据该法案响应的文件。应该强调的是,该初始页面计数代表必须进一步搜索的材料,以识别必须审查解密的记录。该数字并不代表发现对该法案响应的页面数量。预计最终,响应文件将构成搜索宇宙宇宙的一小部分。NSA对要搜索的宇宙大小的估计值包括一个2900万页自动文件,该文件未包含在要搜索的页面的初始估计中,因为该机构可以通过自动化搜索整个大型数据库的能力,因此不必首先选择。只有那些可能包含响应记录的部分。包含该文件将提供对潜在响应记录量的夸大估计。

Search Criteria

To assist the agencies in identifying relevant records, the IWG provided a lengthy keyword list of subjects, organizations, and individuals associated with war crimes in East Asia and the Pacific. The IWG HAP reviewed, approved and supplemented this search list.

In addition to the specific keywords and search terms specified in the list issued by the IWG, agencies were advised that particular attention should be given to locating any records related to certain topics of high interest to the public and to historians. These topics are:

  1. 与日本囚犯和平民囚犯待遇有关的任何材料,包括与强迫或奴隶劳动有关的任何材料;
  2. Any materials related to development and use of chemical and biological warfare agents;
  3. Any materials related to General Ishii, medical experimentation on humans, and Unit 731;
  4. Any materials related to the U.S. Government decision after the War not to prosecute the Emperor and certain war criminals; and
  5. Any materials related to the so-called "Comfort Women" program, the Japanese systematic enslavement of women of subject populations for sexual purposes.

在调查中的记录机构中,以下机构持有的记录机构可能包含最响应的文件:

Central Intelligence Agency

1947 - 1998年运营与情报局文件中的记录,包括运营,姓名,国家和项目文件;分析产品,原始材料和传记报告。ReportsReports估计估计有30万页,并确定并分解了782页相关记录。

中央情报局审查了又有140万页的战略服务记录办公室记录,并包括在NARA的总数中。

Department of the Army

1900- 1975年,从陆军调查记录存储库(陆军情报与安全司令部)档案中识别出一百万页。根据《纳粹战争罪披露法》,这些纸条和缩微胶卷中已经筛选并将其解释给奈良。

联邦调查局

From the agency's Select Security Case Files 1922-1998 ca.115,000 pages were identified as likely to contain responsive documentation and some 56,000 pages have been identified as relevant under the Act. More materials will likely be identified.

National Archives and Records Administration

根据《纳粹战争犯罪披露法》,大约有200万页可能包含与日本战争犯罪有关的材料,其中包括6000万页的相关记录机构,包括国务院的记录,战略服务办公室和军队。

国务院

在筛选了近300万页的450万页的潜在相关材料的宇宙之后,国务院已确定了1,827页相关材料的解密材料。

其他机构

Searches are in progress at the Departments of the Navy and Air Force, and at NSA. The Joint Chiefs of Staff, the non-FBI components of the Department of Justice, United States Information Agency, and the National Security Council have completed searches and discovered no relevant documents.

Task 2.

Identify all classified Japanese Imperial Government records of the United States.

After locating records likely to relate to Japanese war crimes through the preliminary survey submitted on January 26, 2001, the agencies conducted an additional, more detailed survey of records already located. Some of the records-holding agencies reported results of the second survey on November 30, 2001; others are still conducting the survey. For agencies maintaining files on individuals, the major file identification strategy was to locate files on individual war criminals found in files accessible to searches by name.

As noted above, the agencies have, to date, identified more than 80,000 pages for declassification review. The IWG estimates that the final total of relevant, declassified pages will be approximately 200,000 pages.

任务3。

库存所有分类的日本帝国政府的记录。

In the broadest sense, inventorying means describing the responsive records to make the records useful to researchers. This description will include enough information to set the documents in historical and organizational context and to understand why the records were kept and how they were collected. This archival description will not interpret the documents or attempt to present a historical interpretation. Rather, archival description will make the documents accessible to allow historians and other researchers to interpret and draw conclusions.

除档案描述外,IWG还确定,由于剩下的少数几个机密文档的分散和碎片性,因此有必要为释放文件提供一些历史背景。为此,IWG历史学家分析和评估了新发布的文档,并以历史报告的形式介绍了他们的发现。ReportsReports这项练习的目的不是要准备所处理的主题的“正式”历史,而是通过对新发行的材料的重要性提供初步意见来帮助公众,以及关于记录是否包含迄今未知的记录的知识渊博的判断信息。这些报告中的重要意义将有助于IWG历史学家在项目结束时准备的ReportsReports收集的历史分析。

Task 4.

Recommend for declassification all classified Japanese Imperial Government records of the United States.

As a general rule, the IWG recommends that all war criminal records as defined by the Act be reviewed for declassification, no matter what the subject or circumstance of their creation. The Act states that "there shall be a presumption that the public interest will be served by disclosure and release of the records." Accordingly, the IWG has directed the agencies to take an "expansive view" both in identifying and declassifying records responsive to the Act.

IWG认为,即使所审查的记录可能涉及诸如资源,方法和外国情报联络关系之类的领域,但没有适当当局的彻底解密审查,没有适当当局的彻底解密审查的相关记录有足够的先验原因。持续的安全分类的负担将在于该机构。没有适当的持续分类理由,IWG将挑战任何扣留记录的决定,并将在面对国会挑战时报告任何保留分类的决定。根据本法的解密审查过程的运行将平行并补充根据第12958号行政命令建立的解密系统。

Once specific documents have been identified as relevant under the Act and appropriate for declassification review, a number of factors can either delay or prevent release of the documents to the public. Under IWG guidance, a document may be declassified in whole or only in part. By judicious use of redactions, information that remains sensitive can be protected without withholding the entire document. This process can be very time-consuming in that review and declassification decision-making must be carried out line-by-line.

The agency that created a document is responsible for declassification review of the document and for notifying any other agency that may have an interest (equity) in the document. Each organization with equity in a document is entitled to conduct its own review of the document. This additional step may slow the process, particularly if there are multiple agencies that have equities in an item.

Some documents contain sensitive information that has either been provided by a foreign government or describes another government's activities. In the past, such information has been withheld in the absence of express approval by the foreign government to release the information. The IWG is encouraging agencies to negotiate general agreements with their foreign counterparts that will allow the agencies to release certain classes of information without consultation in each instance.

该法案允许代理商负责人免于发行九类国家安全信息。这些类别包括有关美国外交关系和外交活动,情报来源和方法以及某些军事事务的材料。援引豁免的测试是,由于信息的披露,对国家安全的明显损害将造成。机构负责人必须向国会的适当委员会报告任何豁免申请。这些豁免和根据该法案的解密审查程序与根据第12958号行政命令允许的25年历史材料的豁免相同,该命令统治了分类,解密和保护机密的国家安全信息的命令。

Task 5.

在国家档案馆和记录管理局上向公众提供记录。

解密的记录可能会进行其他审查,或者可能需要额外准备,然后才能发布。

In accordance with the Act, privacy considerations must be taken into account before a declassified document can be released to assure that release would not "constitute a clearly unwarranted invasion of personal privacy." Legal constraints that protect an individual's privacy rights must be weighed against the public interest in being informed. The Office of the General Counsel at NARA has prepared guidance to be used by the agencies in making determinations regarding exemptions from disclosure based on privacy grounds. This privacy review is based on the same considerations as those taken into account in Freedom of Information Act review.

该法包含与特殊调查办公室(OSI)的调查和其他活动有关的记录的特殊规定。某些记录虽然被解密,但必须转介到OSI以进行进一步审查,然后再进行最终决定。该规定旨在保护正在进行的对战争罪犯进行的调查,这些调查会因过早披露而损害。在适当情况下,OSI放弃了其法定排除。

Preparation and Release of Materials

The IWG has worked through the complications of preparing for the orderly release of millions of pages of documents from hundreds of sources with respect to the Nazi war criminal records. It is expected that the Japanese war crimes related records, because of their fewer numbers, will not pose a difficult challenge. Normal archival documentation about a body of publicly available records consists of a description of the nature of the records, their origin (provenance), a description of the office or function that created the records, a description of the relationship of the records to other records, and a description of their arrangement and how they may be accessed.

Normally, archival description relates to a body of records that has been accessioned and transferred intact from the agency of origin. The body of records is kept in archives as it was created at the agency. Both the Nazi War Crimes Disclosure Act and the Japanese Imperial Government Records Disclosure Act, however, have resulted at times in records being selected, on the basis of their subject, from larger bodies of records not yet declassified or transferred to NARA. Further, many of those records will be redacted, that is, released only in part. All such selected records, where the body of original records may not be transferred to NARAin toto, will be copies of selected records. The result will be the creation of artificial collections of copies of records. These artificial collections will require additional descriptive work in order to set them in their institutional, archival, and historical context so that they are useful to researchers. Copies of records will be clearly identified as copies in order to distinguish them from actual original records that may remain in the custody of the agency in a more complete form.

The Historical Record

纳粹战争罪行披露法》和《日本e Imperial Government Disclosure Act require that the Government locate, declassify and open remaining classified records related to war criminals and criminality. Initial surveys and estimates indicate that there are relatively few records related to Japanese war crimes that remain classified. However, the IWG has found that there is a large and, to some degree, underused body of records related to Japanese war crimes that either was never classified or has been declassified and open to the public at NARA for some time. Although the IWG continues to find and press for the declassification of records related to Japanese war crimes, as this portion of the report demonstrates, most of the historical record on the topic has long been available.

Implementation of the Act requires, as an essential first step, locating pertinent classified records among the billions of pages of records in NARA of the United States, Federal records centers, and agency storage areas. To accomplish this task, it is necessary to understand the nature and functions of the agencies and programs that created and collected records about Japanese war crimes, war criminals, persecution, and looting. As is often the case with records of the Federal Government, it is the sheer volume, not security classification, that is the major hindrance to the comprehensive exploitation of the records relating to any subject. Historians and other researchers frequently encounter important materials that have been available but never previously found or recognized as valuable.

战争罪审判的记录

Each of the war crimes trials occasioned the collection and preparation of large bodies of records. Prosecutors combed captured and American records, secured affidavits and statements, and produced court submissions and background materials that produced a significant war crimes archive. Almost all of this material, together with the trial proceedings themselves, has been open to the public for many years.

日本主要领导人(A级战争罪犯)的审判在东京 - 远东的国际军事法庭(称为东京战争罪行法庭)于1946年5月3日开始。日本精英的横截面,包括14名将军,三名海军上将,五名职业外交官和三名官僚。其中最突出的是Tojo Hideki1,日本总理通过大部分战争,以及战时的外交部长希罗塔·科基(Hirota Koki),夏格梅特·马莫鲁(Shigemitsu Mamoru)和多哥·希格诺里(Togo Shigenori)。皇帝均不被指控。被告人遭受了55项罪名,该罪名指控被告犯有“危害和平罪”,谋杀和“其他常规战争罪和危害人类罪”。审判于1948年11月12日结束。在那段时间里,两名被告死亡,其中一名被宣布为精神上无能接受审判。检方培养了400多名证人,近800名证人宣誓书和其他约1,000名文件。

The Tribunal found all defendants guilty. Tojo, former Prime Minister Hirota Koki, and five generals (Doihara Kenji, Itagaki Seishiro, Kimura Hyoturo, Matsui Iwane and Muto Akira) were hanged. Sixteen others were sentenced to life imprisonment. Two other ministers were given lesser sentences. Of the eighteen people sentenced to jail terms, six died in prison, while the others were all released by April 1958.

有额外的法庭,坐在外面of Tokyo, judging 5,379 Japanese, 173 Formosans, and 148 Koreans (Class B and C War Criminals) in more than 2,200 trials. These defendants were generally accused of conventional crimes, violations of the laws of war and civilian crimes of rape, murder and maltreatment of prisoners of war. The trials were conducted by American, British, Australian, Dutch, French, Filipino, and Chinese authorities in 49 locations between October 1945 and April 1956. More than 4,300 individuals were convicted, of whom 984 were sentenced to death, 475 sentenced to life imprisonment, and 2,944 sentenced to various terms of imprisonment.

Yamashita Tomoyuki将军在马尼拉审判了美国总官员小组,因为他指挥的士兵犯下了罪行。他被判有罪,并于1946年2月23日被绞死在马尼拉。虽然Yamashita案是美国最著名的审判中,但还有数百人。一名被告是巴丹死亡游行的指挥官霍玛·马萨哈鲁(Homma Matsaharu)中将,轰炸了不安全的马尼拉。他被判有罪,并于1946年4月被绞死。到菲律宾的一次审判结束时,215个日本人面临军事委员会。二十人被发现无罪;92被判处死刑。美国海军对太平洋犯下的犯罪进行了审判。三场在马歇尔的夸贾林(Kwajalein)举行。44次在关岛尝试。 Many of these proceedings involved close cooperation with British, Australian and Indonesian authorities. In some cases, courts of one nation tried Japanese for offenses against citizens of an ally.

在上海,举行了美国法庭,主要是在1942年4月对日本人进行的“敌方飞行员法案”下的“敌方飞行员法案”下的审判和处决日语。在定罪中。

在横滨举行了一系列试验。被告包括神道神父,医务人员,教授和农民等不同的人。这些程序中的大多数涉及虐待战俘,包括饥饿,殴打和普遍忽视,造成数千人死亡。一个案件​​涉及臭名昭著的“地狱船” Oryoko Maru,1944年,约有1,300名囚犯在菲律宾到日本的路线上死亡。还起诉了肯佩伊特(Kempeitai)的成员,秘密警察和医务人员谋杀了美国的战俘。

American Records Previously Open to the Public

Once the records gathered and created for the trials had served their administrative and legal purposes, and were deemed to have sufficient historical value to warrant their continued retention, they were transferred to NARA. Most of the records were not security-classified and were available to scholars and other researchers. Most of the few remaining security-classified records were declassified in the late 1970s and early 1980s. Such records are in numerous record groups at NARA.

在民用机构的记录中,有财政部的记录(记录组56),国务院的一般记录(记录组59)和国务院的外交服务部(记录组84),该部司法(记录组60),联邦调查局(记录小组65),美联储委员会(记录组82),外国财产办公室(RG 131),外国经济局(记录小组169),办公室战争信息(记录小组208),外国索赔和解委员会(记录小组299)和美国战争地区艺术和历史古迹的保护和拯救委员会(记录小组239)。其他相关的民用机构记录可以位于国际会议,委员会和博览会的记录中(记录第43组)以及国务院内部室内和部门内委员会的记录(记录组353)。

在与军事有关的相关持股中,有海军行动负责人(记录第38组),战争部长(记录小组107),陆军法官辩护局办公室(记录小组153),战争部和特别职员(记录小组165),美国参谋长(记录小组218),战略服务办公室(记录组226),美国战略轰炸调查(记录小组243),陆军工作人员(记录小组319),总部盟军的最高指挥官(记录小组331),美国陆军司令部,1942年 - (记录小组338)和教务长元帅办公室(记录小组389)。

Also, important collections of records are found in NARA Collection of Foreign Records Seized (Record Group 242) and NARA Collection of World War II War Crimes Records (Record Group 238).

While investigating and prosecuting Japanese war criminals, the U.S. Army and Navy Judges Advocate General and the Legal Section of the General Headquarters Supreme Commander for the Allied Powers (SCAP) exploited captured Japanese and other records. The volume of these legal records is substantial. These collections contain a large quantity of captured Japanese records that were used as court exhibits. The Army Judge Advocate General records relating to the Far East trials consist of more than 400,000 pages. Most of these records were never security-classified and those that were had been declassified by 1973. The SCAP Legal Section records involving war crimes trials throughout the Pacific area comprise some 1,500,000 pages of documentation, including captured Japanese records. Most of these records were never security- classified and the rest were declassified in 1977.

The Captured Japanese Records and Their Disposition

Before the end of World War II, the U. S. military began to use captured and confiscated Japanese records to prepare for war crimes trials as well as for intelligence purposes. Many valuable Japanese records were destroyed by American bombing, and others were destroyed by the Japanese. According to a recent account, "Anyone attempting to cover Japanese developments� must be wary of the fact that a massive quantity of primary documents was destroyed to forestall announced Allied plans to conduct war-crimes trials."2国会图书馆的报告在1951年进行了类似的观察。到1945年,美国军队开始应对大量捕获的日本记录。3In addition, a large quantity of records was deliberately concealed, especially company and government records pertaining to the employment of prisoners of war for slave labor.

对日本记录的收集,翻译,剥削和传播的主要责任是麦克阿瑟将军西南太平洋地区司令部的盟军翻译和口译员部分(ATI)。从1942年9月开始,ATIS从35名人员开始,于1945年增至2600多个。在1944年至1945年的冬季,华盛顿文件中心(WDC)被建立,以容纳记录以进行更密集的情报剥削,因为它们被用于最紧急的目的。

ATIS航站加入其文档的集合other military intelligence organizations, e.g. the Pacific Military Intelligence Research Service, and, during 1945-1946, by a special unit of the WDC. During four months of operation in Tokyo, the WDC, augmented by ATIS linguists screened, processed, packed, and shipped 419,064 documents and diaries from Japan. After the departure of the WDC on March 31, 1946, its work was continued by the newly organized ATIS Document Section which, up to November 26, 1946, screened, packed, and shipped 58,830 documents to Washington. The process of acquiring, exploiting, and shipping records continued until early 1947.

传播来自捕获的日本记录的信息

ATIS航站的任务是翻译或otherw捕获ise seized documents. ATIS publications and other reports were regularly disseminated to intelligence and other agencies in all theaters. Information of an urgent operational nature was translated and immediately distributed in the form of "Spot Reports". In May 1943, external requests for information available from ATIS sources led to the development of Information Request Reports published in answer to specific requests for information. As the body of available material continued to grow, individual studies of information available to ATIS were produced as Information Bulletins. Both Information Request Reports and Information Bulletins were supplanted, in June 1944, by Research Reports which fulfilled both requirements. Reports were issued when sufficient information on any subject had been collated to warrant publication. Among these reports were Report No. 84, which dealt with Japanese bacterial warfare; Report No. 117, which dealt with infringement of the laws of war and ethics by the Japanese medical corps; and Report No. 119, which dealt with the Japanese military police service. On April 29, 1944, Research Report No. 72 (formerly ATIS Information Bulletin No. 14) was published and entitled "Japanese Violations of the Laws of War."

为了确保所有参与捕获的记录活动都对记录和信息都表示赞赏,ATIS发布了第6号出版物“对日本文件的剥削”,日期为1944年12月14日。它是作为培训和灌输的手册开发的情报人员和用于使用情报文件的参考书。该作品包含用于捕获文档的集合,翻译和处理的​​程序。4

战争犯罪起诉协助根据被捕获的记录

ATIS以及类似的收集和翻译组织,例如Pacmirs(太平洋军事情报研究服务局),对日本文件进行了广泛的搜索。指示ATIS向战争犯罪委员会提供与确定敌方战争罪犯有关的任何信息。

在马尼拉,后来在东京,ATIS信息部与战争犯罪委员会和战争犯罪eChelons紧密合作。这些组织在成功准备针对战争罪犯的案件中使用了ATIS研究报告。ReportsReports为了协助战争犯罪试验和程序的复杂性,ATI为审判和提供的法院口译员提供了必要的数据。

The Return of Captured Records

捕获的记录被运往华盛顿, the CIA and its predecessors reviewed the records for intelligence purposes at the WDC. The Navy and Army used the records for technical and navigation information. In January 1948, the CIA wrote to the Archivist of the United States offering to transfer to NARA an estimated 4,000 cubic feet of records. The CIA explained that the records "have been examined and screened for documents valuable for intelligence purposes" and that they were "no longer of any value" and "these are open records and are not subject to any restrictions." (The CIA has been unable to locate any analysis or description that may have been created as a result of the CIA's examination of the records.) NARA agreed to the CIA offer and an estimated 3,450 cubic feet of records were transferred in May 1949.

James William Morley, a Union College history professor, examined the records and published an article, "Check List of Seized Japanese Records in the National Archives," in The Far Eastern Quarterly Vol. IX No. 3 (May 1950). He noted, "large as the collection is, it clearly does not represent all of the records of these ministries and their predecessors. Very few files are complete; many, no doubt, are entirely missing. Probably some were hidden or destroyed and others retained by interested occupation and other United States government authorities for current use."

In keeping with the policy of both the Truman and the Eisenhower administrations to normalize relations with Japan after the signing of the Peace Treaty in 1951, in January 1955 the State Department advised NARA that "the Japanese Government is very much interested in securing the return of the remainder of this group of documents and has asked for our assistance in arranging for shipment of the documents to Japan at United States Government expense �. If this group of documents can be returned to the Japanese Government, we hope thereby to bring to a close a long-standing problem which, though minor, has proved a constantly recurring irritant in United States-Japan relations." This proposal was made in the context of attempts to promote better relations that included clemency and parole of the remaining imprisoned war criminals.

The Deputy Archivist of the United States responded in February 1955 that "we have no objections to the return of the records provided the interested agencies of the government agree that this action is desirable." In June of the same year, the CIA noted that it had "no objection to the return of the captured Japanese documents to the Government of Japan. A thorough and systematic exploitation of the documents for intelligence purposed had been completed by 1949." At the same time, the State Department informed the Army that, "The Department of State has received an urgent request from the Japanese Government for the return of these documents, and would be very glad to return them if no objection is perceived by the Department of Defense or by the CIA, with whom the Department is consulting."

陆军于1955年8月要求制定有关日本记录返回的政策,该政策与被捕获的德国记录的返回政策一致,包括国会批准批准记录的要求。9月,国务院回应,

"In the German case, a few qualifications were made of the principle of returning captured papers. The most important, insofar as they are applicable to Japan, were: (a) Documents which might, if returned, jeopardize the national security interests of our country, or of our allies, would be retained indefinitely, though time and circumstances might change conditions; and (b) Documents required for the time being for purposes of official study would be returned when the official need for them was at an end. These statements of principle are equally applicable to the holding of Japanese documents."

The letter also noted that NARA would immediately go to Congress to obtain approval for the return of the records once there was no longer any agency interest in them.

On October 11, 1955, the Army advised the State Department that the Departments of the Army, Navy, and Air Force concurred in the return of the records to the Japanese, subject to future access. The State Department, in November, wrote NARA that the requirement, "can be met readily by inserting an 'access clause' in the receipt which we shall present for Japanese signature when the time comes for the actual transfer of the records."

1956年3月下旬,奈良要求国会批准被捕获的日本记录的处置(即返回)。奈良建议国会,这些记录主要是出于军事和外国情报的目的,并且“发现其中许多人几乎没有或没有任何价值的军事或外国情报。应由适当的联邦机构及其全面利用后使用,应返回日本。”行政文件处置联合委员会同意下个月的记录返回。

一群美国学者,得知要将被捕获的记录归还给日本,并根据福特基金会的赠款将最有价值的材料缩减为日本。国会图书馆提供了缩微封装的设施。缩微胶片始于1957年10月,于1958年2月结束,当时资金耗尽。大约有40万页在163卷胶卷上复制了,并向国会图书馆和东京的国家饮食图书馆提供了积极的印刷品。

The major collection of captured Japanese records was returned to the Japanese Government in 1958. No evidence has been discovered to indicate that when the records were turned over to the Japanese officials any provision was included for future American Government access. No receipt for the records has been found. Several smaller groups of records were returned to Japan in the early 1960s when they were relinquished by the military agencies that had retained them for use.5

The IWG and NARA have completed an analysis of the microfilmed selection of the material at the Library of Congress. This study reveals no classified information related to war crimes among the films whose date span and subject indicate some likelihood of the presence of such information. The IWG is also attempting to verify that the returned records are publicly available in Japan.


脚注:

1日语名称首先呈现姓氏。

2理查德·弗兰克(Richard B.p。446。

3The term "captured" is retained here, consistent with U.S. military usage, to include confiscated, seized, or otherwise acquired Japanese records, whether taken into U.S. custody as a direct result of battle or after peace.

4份ATIS航站工作产品分布out NARA's holdings. The most complete collection appears to be found among U.S. Army records, specifically within the records of the Office of the Adjutant General (Record Group 407). NARA is preparing a list of record groups and series containing records pertaining to ATIS, the WDC, and captured Japanese records.

5有关捕获记录的回报的信息来自加入的国务院(记录组59)和NARA(记录组64)记录以及包括Fritz T. Epstein在内的已发表文章,“华盛顿的研究机会,第二次世界大战时期,美国档案管理员,第XVII卷第3期(1954年7月),225-236。其他历史信息来自美国外交政策1950-1955 Basic Documentsvol。II。由美国国务院在1957年发表[1957年[出版6446年一般外汇政策系列117]。1952 - 1954年美国外交关系第XIV卷中国和日本第2部分,由美国国务院于1985年出版[美国国务院出版物9411],美国外交关系1955-1957 XXIII卷XXIII卷,由美国国务院于1991年发表[美国国务院出版物9873],美国外交关系1958-1960卷,日本第XVIII卷,由美国国务院于1994年发表,[1994年美国国务院出版物[10130]。还咨询了马里兰州纳拉州纳拉州的加入档案。


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Last updated March 20, 2002