Department of Justice Official Releases Letter Admitting U.S. Amnesty of Japan’s Unit 731 War Criminals

[The following is a portion of an article published initially at Medium.com. The length of the article (over 7000 words) precludes my reposting the full essay here. But approximately half is posted below. Please follow this link to read the entire work.]

Upon my request, both the Department of Justice (DOJ) and the Simon Wiesenthal Center have released copies of a December 1998 letter from DOJ official Eli Rosenbaum to Rabbi Abraham Cooper of the Simon Wiesenthal Center. In the letter, Rosenbaum admitted to Cooper that after World War II the United States government had classified records pertaining to a Japanese military unit that engaged in biological warfare experimentation and field trials on humans.

The letter, one of two released to this author, confirmed the U.S. "essentially assisted Japan in covering up the atrocities perpetrated by the unit.”


In 1998, Rosenbaum was director of DOJ’s Office of Special Investigations (OSI), while Rabbi Cooper was associate dean of the Wiesenthal Center. The occasion for the correspondence was the Wiesenthal Center’s sponsorship of a “Trans-Pacific Video-Conference on Japanese Wartime Atrocities,” held at the Center’s own Museum of Tolerance on August 16, 1998.[1]

Reported briefly in the press at the time [2], Rosenbaum’s letter of December 17, 1998 ended any doubts that the U.S. government had given scientists and military personnel associated with the notorious Japanese biological warfare program of the 1930s-1940s “immunity [from prosecution at the International Military Tribunal, Far East] in return for their human experimentation research data.”[3]

This appears to have been the first time that any U.S. government official admitted publicly and officially that the U.S. had proposed an amnesty for the members of Japan’s Unit 731 and assorted components, known to have murdered thousands of prisoners in illegal biological experiments, and hundreds of thousands of soldiers and civilians in biological warfare operations predominantly in China, but also the Soviet Union, from 1939 until nearly the end of World War II.

While Rosenbaum’s letter was quoted in the press, and in a 2002 Congressional Research Service report, the letter itself, and a November 1998 letter to Cooper also on the subject of Japan’s war crimes, were never released publicly. These letters are now available with the publication of this article, along with supporting documentation that until now was also not available.

This article looks at some of the salient issues in regards to aspects of these new documents, including the motivation for the U.S. amnesty action, the question of experimentation on U.S. and allied prisoners of war (and its possible cover-up), and the question of assigning culpability to those involved. The article concludes with remarks on these matters by both Rosenbaum and Cooper, who were interviewed for this article in Spring 2013. (The delay in publishing this information was occasioned by personal matters.)

Unit 731

Beginning with John Powell’s 1980 article, “Japan’s Germ Warfare: The US Coverup of a War Crime,” and a subsequent article in the October 1981 Bulletin of Atomic Scientists, “A Hidden Chapter in History”, revelations concerning long-hidden or suppressed aspects of Japanese war crimes began to surface in the U.S. and Western press. Powell shocked the American public by writing about and producing documentary evidence of a cover-up of “Japan’s use of biological warfare against China and the Soviet Union.”[4]

The primary Japanese military unit associated with the biological warfare research and production of weaponry was known as Unit 731, although there were a number of other military units also involved. Powell (1981) wrote, “The American government’s participation in the cover-up, it is now disclosed, stemmed from Washington’s desire to secure exclusive possession of Japan’s expertise in using germs as lethal weapons.”

The original promise of amnesty for information was made after a discussion some months after the end of World War II between the Ft. Detrick’s Colonel Murray Sanders and General Douglas MacArthur, according to numerous accounts of Unit 731’s history. The finalization of such a deal, however, took a few years, and was not without controversy within government circles.

Powell (1980) quoted a July 1, 1947 memo from two U.S. doctors associated with bacteriological research that Japanese researchers had thousands of slides of human tissues taken from their experiments on prisoners. The slides and reports from the Unit 731 researchers were available if the U.S. could provide assurances the Japanese doctors and scientists would be saved from war crimes prosecution. The two doctors, Edward Wetter and H. I. Stubblefield argued that since "any 'war crimes' trial would completely reveal such data to all nations, it is felt that such publicity must be avoided in the interests of defense and national security of the U.S."

The vagueness of the language – “it is felt” – appears to indicate their message was something discussed comprehensively in their circle, in particular by scientists from the Army’s Ft. Detrick, which was the center of a major crash program in biological warfare research begun during the war, and intelligence officers.[5]  Ft. Detrick personnel had been in charge of the debriefing of the Unit 731 doctors and scientists, while various documents speak to the sharing of such information with intelligence agencies.

According to Powell, Wetter and Stubblefield furthermore indicated “the knowledge gained by the Japanese from their experiments ‘will be of great value to the U.S. BW research program’ and added: ‘The value to the U.S. of Japanese BW data is of such importance to national security as to far outweigh the value accruing from war crimes prosecution.’”

The furor over Powell’s revelations peaked in the mid-1980s with public controversies over Japanese biological warfare (BW) experiments on U.S. and allied prisoners of wars. Congressional investigators ignored evidence of such experiments on U.S. POWs. It wasn’t until the publication of Linda Goetz Holmes’s book, Guests of the Emperor: The Secret History of Japan's Mukden POW Camp (Naval Institute Press, June 2010) that any mainstream historian accepted such experiments even took place. The entire episode is still ignored in the press accounts of World War II history.

Subsequently, the scandal around Unit 731 appeared to die down publicly, until it was revived approximately a decade later. In 1995, there were two major narratives published on Unit 731 and the U.S. immunity deal. One was an article by Nicolas Kristof in the New York Times. The other was historian Sheldon Harris’s book, Factories of Death: Japanese Biological Warfare, 1932-45, and the American Cover-up.[6]  The publication and controversy surrounding the publication of Iris Chang’s book, The Rape of Nanking, in November 1997, also brought greater attention to the issue of Japanese atrocities during World War II.

Amnesty to Protect Collaboration and to Protect U.S. Biowar “Expertise”

The supporting documentation for this article includes two memoranda for the record from the early 1980s by Norman Covert, then Chief of Public Affairs and historian for the U.S. Army at Ft. Detrick, Maryland. Rosenbaum’s December 17 letter had quoted liberally from the latter of these two memoranda.[7]  While it is worth considering the portions Rosenbaum did not quote, the selection revealed to Rabbi Cooper, taken from Covert’s May 5, 1982 Memorandum for the Record, explained the U.S. rationale for the Unit 731 amnesty:

The Joint Chiefs of Staff decided to keep Top Secret any information about the Japanese Biological Warfare Program. The Joint State, War, Navy Coordinating Committee expressed its desire that the information be retained in US hands exclusively and certainly it should be kept from the Soviet Union....

In the [June 26, 1947] memorandum written by Dr. Edward Wetter and Mr. H. I. Stubblefield[8] for the State, War, Navy Coordinating Committee for the Far East, the decision not to prosecute LTG [Lieutenant General Shiro] Ishii [founder and leader of Unit 731 and the biological warfare program] was discussed. “An agreement with Ishii and his associates that information given by them on the Japanese BW program will be retained in intelligence channels is equivalent to an agreement that this government will not prosecute any of those involved in BW activities in which war crimes were committed.”

.... Scientists in the US program said the information was not of significant value, but it was the first data in which human subjects were described. It indicated the Japanese program reached a level of expertise in 1939 that was never advanced because of lack of resources. Any prosecution of LTG Ishii and his associates would have exposed the Japanese capability in addition to US expertise. It would have been difficult to retain such information in US-only hands in such a case. The Joint Chiefs of Staff and SCAP [Supreme Command Allied Powers] agreed there would be little gained by such prosecution and deferred, offering LTG Ishii immunity in exchange for detailed information. [bold added for emphasis]

The Covert memorandum was certainly a kind of spin, although Mr. Covert himself may not have been aware of the full extent of U.S. crimes. Even so, he admitted to this author in an interview for this article that at the time he wrote the memos he was concerned mainly with “protecting Ft. Detrick[‘s]” reputation. The May 5 memo, and an earlier one Covert wrote on November 17, 1981, were a response to media attention following the Powell disclosures. The November 17 memo was undertaken as a rewrite of the May 5 memo for the purpose of submission to the Secretary of the Army.

“News media was beating me to death on that,” Covert said, referring to the strong response to the Powell articles. “The Memorandum for the Record was to cover your ass, a record of what I had done.”

Covert added there had also been “several legislative requests” for more information on the Unit 731 material as well. He also recalled that the Department of Justice had also contacted him on one occasion during this period, although he did not remember the details. Rosenbaum indicated in his interview that DOJ had likely been involved in some capacity in the postwar discussions surrounding the granting of amnesty to Ishii and associates.

The question of the value of the Japanese data and biological samples is a matter of conjecture, while the controversy over the use of such data (and similar data from the Nazi concentration camp experiments), including use of operational knowledge in purported U.S. germ warfare attacks on North Korea and China during the Korean War, is a separate, though related issue.[9]  At one point, Covert said U.S. scientists found the Japanese research “not of significant value.” He appeared to have gotten this information from speaking to Ft. Detrick scientists still resident in the Frederick, Virginia area. In addition, Covert appeared to give little credence to evidence that came from Soviet sources.

But elsewhere, writing about Ft. Detrick representative Dr. Norbert Fell's interrogation of Shiro Ishii, Covert wrote in his November 17, 1981 memo, "The data on human testing appeared to have significant value to the U.S. BW Research programs at Camp Detrick." Some months later, in his May 5, 1982 memo, Covert concluded, “It is certain the Japanese had a full-scale BW effort and achieved a level of expertise working with many traditional BW agents.”

A later report by Doctors Edwin Hill and Joseph Victor, also from Ft. Detrick, was quite direct when considering the value of getting the Unit 731 data. “Such information could not be obtained in our own laboratories because of scruples attached to human experimentation,” they wrote.[10]

To conclude the discussion on the value of Unit 731’s data, it is worth noting a May 1947 memo from MacArthur’s office to the War Department and Major General Alden Wiatt of the Chemical Warfare Service on the BW human experiments, “confirmed tacitly by Ishii” to interrogators. The memo was obtained by author William Triplett, and also describes the intersection of the amnesty agreement with unnamed intelligence agencies:

"Data already obtained from Ishii and his colleagues have proven to be of great value in confirming, supplementing and completing several phases of U.S. research in BW, and may suggest new fields for future research.... For all practical purposes an agreement with Ishii and his associates that information given by them on the Japanese BW program will be retained in intelligence channels is equivalent to an agreement that this Government will not prosecute any of those involved in BW activities in which war crimes were committed."[11]

MacArthur’s command told the War Department, “valuable technical BW information as to results of human experiments and research in BW for crop destruction probably can be obtained….”

Ft. Detrick’s Norbert Fell resumed interrogations of Shiro Ishii two days after this memo was sent....

[To see the rest of this article, click through to read at Medium.com - Relevant footnotes for portion published here are posted below - JK]

[1] China News Daily, Aug. 14, 1998, http://www.cnd.org/CND-US/CND-US.98/CND-US.98-08-14.html. CNET reported on the conference at the time: URL http://news.cnet.com/2100-1023-214541.html. See also the original announcement of the event by the Simon Wiesenthal Center, archived online at http://web.archive.org/web/19981203135255/http://events.broadcast.com/events/swc/nanjingmassacre/ (all accessed May 14, 2017).

[2] See Stars and Stripes, week of March 15 – 28, 1999, vol. 122, no. 6, reposted online at http://www.geocities.com/Heartland/Plains/5850/deathcamp.html (accessed May 14, 2017).

Reference was also made in a Congressional Research Service report by Gary K. Reynolds in December 2002, “U.S. Prisoners of War and Civilian American Citizens Captured and Interned by Japan in World War II: the Issue of Compensation by Japan,” online at http://web.archive.org/web/20080406073324/http://www.history.navy.mil/library/online/usprisoners_japancomp.htm (accessed May 14, 2017).

[3] Letter, Eli Rosenbaum to Abraham Cooper, December 17, 1998.

[4] Powell’s 1980 article was published in the Bulletin of Concerned Asian Scholars, “Japan’s Germ Warfare: The US Coverup of a War Crime” (Oct.-Dec. 1980, vol. 12, no. 4.) See URL: http://criticalasianstudies.org/assets/files/bcas/v12n04.pdf (accessed May 14, 2017).

Powell’s 1981 article is available online, reproduced as part of the Congressional Record on November 10, 1999, http://www.fas.org/sgp/news/1999/11/feinstein.html (accessed May 14, 2017) Powell died in Dec. 2008.

In the middle 1970s, John Saar at the Washington Post wrote a story, “Japan Accused of WW II Germ Deaths” (Nov. 19, 1976), that described a Japanese documentary by Haruko Yoshinaga, aired by the Tokyo Broadcasting System on Unit 731. “Japanese scientists killed at least 3,000 Chinese prisoners in World War II in bacteriological warfare experiments and escaped prosecution by sharing the findings with US occupation forces…. Press officers at the US Defense and Justice Departments said they had no information on the charges but would investigate,” Saar wrote. (See URL: http://news.google.com/newspapers?nid=1499&dat=19761119&id=5E0aAAAAIBAJ&sjid=XCkEAAAAIBAJ&pg=6053,6138361 - accessed May 14, 2017) But no one in the Western press pursued the story further until Powell published his first article four years later.

The impact of Powell’s expose can be gauged by the fact that 60 Minutes interviewed Powell for an on-air segment, “War Crime,” on April 4, 1982. The transcript for this episode is available beginning on pg. 352 in this large PDF file online: URL http://philippine-defenders.lib.wv.us/pdf/bios/sandy_and_search_for_truth.pdf.

Morley Safer narrated: "During World War II, the Japanese military experimented with germ warfare. Their guinea pigs were Chinese, Russian and American prisoners of war. For a variety of reasons, the American government kept it all a secret."

[5] The U.S. World War II program in both chemical and biological warfare is discussed in Robert Harris and Jeremy Paxman, A Higher Form of Killing: The Secret History of Chemical and Biological Warfare, Random House, 2002.

[6] Nicolas D. Kristof, “Unmasking Horror -- A special report. Japan Confronting Gruesome War Atrocity,” New York Times, March 17, 1995, URL: http://www.nytimes.com/1995/03/17/world/unmasking-horror-a-special-report-japan-confronting-gruesome-war-atrocity.html (accessed May 14, 2017).

Routledge published an expanded, revised version of Factories of Death in 2002. Harris died a few months later.

[7] My thanks to Mr. Norman Covert for sharing certain documents. The attempt to obtain the documents through official channels is a story in itself. A DoD spokesman had referred my query to Fort Detrick. Ft. Detrick’s FOIA office referred me to the National Archives. But the documents did not apparently exist there either. They may or may not constitute documents that Mr. Covert claims were destroyed by order of Ft. Detrick’s commanding officer in 1998.

[8] “Mr. H. I. Stubblefield” was in fact Dr. Henry I. Stubblefield, a bacteriologist who we know, at least in 1954, was on the Chemical Corps Advisory Council, according to an in-house history of Ft. Detrick written by Norman Covert. See URL: http://www.detrick.army.mil/cutting_edge/chapter09.cfm. Coincidentally, along with two other researchers, he had co-authored with Andrew C. Ivy an article in 1934, “Protective Action of Sodium Thiocyanate against Dysentery Toxin (Shiga): An Experimental Study in Dogs and Rabbits.” Ivy was later to be a major figure testifying on medical ethics at the Nuremberg trials.

According to Powell (1980), Dr. Wetter was at the time of the SWNCC memo “Panel Director” of the “Committee on Biological Warfare.” Powell does not say, but it appears likely this was the secret “DEF” committee, the third of three secret committees formed during the World War II years by the National Academy of Sciences and National Research Council. See URL: http://www.nasonline.org/about-nas/history/archives/collections/cbw-1941-1948.html (accessed May 14, 2017). Wetter later went to work as a civilian employee for the Office of the Assistant Secretary of Defense for Research and Development (http://www.archive.org/stream/officialregister1955unit/officialregister1955unit_djvu.txt). According to the 1955 Official Register of the United States, p. 114, Wetter worked in this office as “Executive Secretary, Committee and Panel on Special Operations.”

[9] See Till Bärnighausen, “Data generated in Japan’s biowarfare experiments on human victims in China, 1932–1945, and the ethics of using them,” Japan's Wartime Medical Atrocities: Comparative Inquiries in Science, History, and Ethics, Taylor and Francis, 2010.

On the Korean War allegations, see Stephen Endicott & Edward Hagerman, The United States and Biological Warfare: Secrets from the Early Cold War and Korea, Indiana University Press, 1998.

[10] Op. cit., Bärnighausen, p. 97.

[11] See William Triplett, Flowering of the Bamboo, Woodbine House, 1985, pp. 241-250.

[To see the rest of this article, click through to read at Medium.com]

Proof US Agencies Destroyed Evidence of Japan's WWII Medical War Crimes

The letter published below came from the November 19, 1999 Congressional Record (pp. S14542-S14543). Sheldon Harris, a historian at California State University, Northridge, wrote the letter, which alleged the destruction by various U.S. military agencies of records concerning Japanese war crimes during World War II. Harris had been investigating these crimes, as well as actions by the U.S. government to cover-up them up. In one instance, Harris claimed "sensitive" documents were destroyed at Dugway Proving Ground as "a direct result" of research he had initiated there.

Harris' letter was entered into the record by Senator Dianne Feinstein, who was speaking about the controversies at the time about the ongoing classification even 50 or more years after the fact of documents pertaining to Nazi Germany and Imperial Japan war crimes. In particular, the 1990s had seen a growing campaign to expose the activities of Japan's World War II biological warfare experiments and subsequent operational bacteriological and chemical warfare campaigns, which have collectively come to be known under the rubric of the campaign's most notorious brigade, Unit 731, led by Lt. Gen. Shiro Ishii.

The kick-off for the controversy was the publication in the Oct. 1981 Bulletin of the Atomic Scientists of "Japan's Biological Weapons: 1930-1945 - A Hidden Chapter in History," written by Robert Gomer, John W. Powell, and Bert V.A. Roling. Feinstein entered the entire article into the Congressional Record, along with another letter from historian Sheldon Harris, who had written a book on Unit 731 and the U.S. cover-up of their activities. According to Harris and Gomer/Powell/Roling, the U.S. had amnestied the Unit 731 scientists in order to get at the unethical data from human experiments on prisoners, data derived from intentional infliction of disease followed often enough by vivisection. The 731 survivors were incinerated or buried in mass graves.

Historians have documented the massive amount of destruction of records by the Japanese military, including many if not most of the records for Unit 731 and associated units. Professor Harris's letter references the U.S. destruction of records, and not the larger, and even more problematic destruction of records by the Japanese authorities.

The Japanese government denied any biological/chemical war crimes, while the U.S. slowly declassified some incriminating documents, but would not come out and say what the U.S. had done in relation to the Japanese doctors and scientists. Some of the Unit 731 personnel were tried in 1949 in a special war crimes trial by the Soviet Union. Much of what we know about Unit 731 and associated biological and chemical warfare divisions comes from this trial, which for years was derided in the West. (Google Books has republished a free ebook of the Soviet transcripts from the trial.)

In January 1999, President Bill Clinton, "in accordance with the Nazi War Crimes Disclosure Act (PL 105-246)... established the Nazi War Criminal Records Interagency Working Group (IWG)." But it wasn't until May 2000 that Congress, "as part of the Intelligence Authorization Act for 2001... extended the IWG's life to December 2004 through passage of the Japanese Imperial Government Disclosure Act, P. L. 106-567." The IWG's name was accordingly changed to the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group. According to the IWG website, declassification of U. S. Government records related to imperial Japan's war crimes then became an official part of the IWG's mission.

The IWG ended its declassification mission in March 2007 (extended from an original 2004 ending date). It subsequently published a final report to Congress in September 2007. Some resources have been placed online for researchers, primarily Select Documents on Japanese War Crimes and Japanese Biological Warfare, 1934-2006.

While over 100,000 previously unclassified documents related to Imperial Japan's biological warfare program were reportedly released via IWG's efforts, no further discussion or elaboration took place regarding Professor Harris's documentation of the destruction of records held by different U.S. military agencies.

The following is the text of Professor Harris's letter, which can be found online as part of the Congressional Record, or also here. It can also be accessed here.

GRANADA HILLS, CA,
October 7, 1999

Hon. SENATOR DIANNE FEINSTEIN,
Hart Senate Office Building, Washington, DC. 

DEAR SENATOR FEINSTEIN: Several Asian American activists organizations in California, and organizations representing former Prisoners of War and Internees of the Japanese Imperial Army, have indicated to me that you are proposing to introduce legislation into the United States Senate that calls for full disclosure by the United States Government of records it possesses concerning war crimes committed by members of the Japanese Imperial Army. I endorse such legislation enthusiastically. 

My support for the full disclosure of American held records relating to the Japanese Imperial Army’s wartime crimes against humanity is both personal and professional. I am aware of the terrible suffering members of the Imperial Japanese Army imposed upon innocent Asians, prisoners of war of various nationalists and civilian internees of Allied nations. These inhumane acts were condoned, if not ordered, by the highest authorities in both the civilian and military branches of the Japanese government. As a consequence, millions of persons were killed, maimed, tortured, or experienced acts of violence that included human experiments relating to biological and chemical warfare research. Many of these actions meet the definition of "war crimes" under both the Potsdam Declaration and the various Nuremberg War Crimes trials held in the post-war period. 

I am the author of "Factories of Death, Japanese Biological Warfare, 1932–45, and the American Cover-up" (Routlege: London and New York; hard cover edition 1994; paperback printings, 1995, 1997, 1998, 1999). [Note: a revised edition was published in 2002 - ed.] I discovered in the course of my research for this book, and scholarly articles that I published on the subject of Japanese biological and chemical warfare preparations, that members of the Japanese Imperial Army Medical Corps committed heinous war crimes. These included involuntary laboratory tests of various pathogens on humans—Chinese, Korean, other Asian nationalities, and Allied prisoners of war, including Americans. Barbarous acts encompassed live vivisections, amputations of body parts (frequently without the use of anesthesia), frost bite exposure to temperatures of 40–50 degrees Fahrenheit below zero, injection of horse blood and other animal blood into humans, as well as other horrific experiments. When a test was completed, the human experimented was "sacrificed", the euphemism used by Japanese scientists as a substitute term for "killed." 

In my capacity as an academic Historian, I can testify to the difficulty researchers have in unearthing documents and personal testimony concerning these war crimes. I, and other researchers, have been denied access to military archives in Japan. These archives cover activities by the Imperial Japanese Army that occurred more than 50 years ago. The documents in question cannot conceivably contain information that would be considered of importance to "National Security" today. The various governments in Japan for the past half century have kept these archives firmly closed. The fear is that the information contained in the archives will embarrass previous governments. 

Here in the United States, despite the Freedom of Information Act, some archives remain closed to investigators. At best, the archivists in charge, or the Freedom of Information Officer at the archive in question, select what documents they will allow to become public. This is an unconscionable act of arrogance and a betrayal of the trust they have been given by the Congress and the President of the United States. Moreover, ‘‘sensitive’’ documents—as defined by archivists and FOIA officers—are at the moment being destroyed. Thus, historians and concerned citizens are being denied factual evidence that can shed some light on the terrible atrocities committed by Japanese militarists in the past. 

Three examples of this wanton destruction should be sufficiently illustrative of the dangers that exist, and should reinforce the obvious necessity for prompt passage of legislation you propose to introduce into the Congress: 

1. In 1991, the Librarian at Dugway Proving Grounds, Dugway, Utah, denied me access to the archives at the facility. It was only through the intervention of then U.S. Representative Wayne Owens, Dem., Utah, that I was given permission to visit the facility. I was not shown all the holdings relating to Japanese medical experiments, but the little I was permitted to examine revealed a great deal of information about medical war crimes. Sometimes after my visit, a person with intimate knowledge of Dugway’s operations, informed me that "sensitive" documents were destroyed there as a direct result of my research in their library. 

2. I conducted much of my American research at Fort Detrick in Frederick, Md. The Public Information Officer there was extremely helpful to me. Two weeks ago I telephoned Detrick, was informed that the PIO had retired last May. I spoke with the new PIO, who told me that Detrick no longer would discuss past research activities, but would disclose information only on current projects. Later that day I telephoned the retired PIO at his home. He informed me that upon retiring he was told to ‘‘get rid of that stuff’’, meaning incriminating documents relating to Japanese medical war crimes. Detrick no longer is a viable research center for historians. 

3. Within the past 2 weeks, I was informed that the Pentagon, for ‘‘space reasons’’, decided to rid itself of all biological warfare documents in its holdings prior to 1949. The date is important, because all war crimes trials against accused Japanese war criminals were terminated by 1949. Thus, current Pentagon materials could not implicate alleged Japanese war criminals. Fortunately, a private research facility in Washington volunteered to retrieve the documents in question. This research facility now holds the documents, is currently cataloguing them (estimated completion time, at least twelve months), and is guarding the documents under ‘‘tight security.’’ 

Your proposed legislation must be acted upon promptly. Many of the victims of Japanese war crimes are elderly. Some of the victims pass away daily. Their suffering should receive recognition and some compensation. Moreover, History is being cheated. As documents disappear, the story of war crimes committed in the War In The Pacific becomes increasingly difficult to describe. The end result will be a distorted picture of reality. As an Historian, I cannot accept this inevitability without vigorous protest. 

Please excuse the length of this letter. However, I do hope that some of the arguments I made in comments above will be of some assistance to you as you press for passage of the proposed legislation. I will be happy to be of any additional assistance to you, should you wish to call upon me for further information or documentation. 

Sincerely yours,
SHELDON H. HARRIS,
Professor of History emeritus,
California State University, Northridge

In a March 30, 2007 Memorandum for the "Director, US Army Records Management and Declassification Agency" on the matter of "Japanese War Crimes - Record Search at Fort Detrick, Maryland", William H. Thresher, Chief of Staff at US Army Medical Command, referenced the Harris charges of destruction of records at Fort Detrick. Thresher was responding to a request from the Headquarters, Department of the Army (HQDA) "for information concerning records of interest to the Nazi/Japanese War Crimes Interagency Working Group (IWG)."

It is worth noting that this memorandum was written even as the IWG had just finished its declassification project.

Thresher wrote, "In early 2007, the USAMRIID [US Army Medical Research Institute of Infectious Diseases] performed a thorough search for any remaining responsive records, including records regarding Unit 731, and found no records." The search included "the Commander and other senior personnel."

Thresher then turned to allegations by Professor Sheldon Harris concerning possible destruction of records at Fort Detrick. He reviewed the controversy:

Professor Harris, in his letter, dated 7 October 1999, stated that the recently-retired Public Information Officer at Fort Detrick (Mr. Norman Covert) told Professor Harris that upon retiring he was told to get rid of documents relating to Japanese war crimes. 

The USAMRMC [US Army Medical Research and Materiel Command] is unaware of any authority at Fort Detrick or the USAMRMC requesting destruction of any responsive original records, or of copies of Fort Detrick or USAMRMC documents not previously provided to Dugway or NARA.

Professor Harris died on August 31, 2002. To my knowledge, this is the first time anyone has written about his 1999 letter to Senator Feinstein detailing his charges about the destruction of records by US military officials. If it were up to the powers that be, this would be an example of government censorship lost in the whirlwind of moving events. But it seems an episode worth reviving, if nothing else as a documentation of an important episode in the history of exposing U.S. and Japanese biological warfare history.

A few years back, Norman Covert confirmed to this author his contention that his commanding officer at Ft. Detrick was the superior officer who told him to destroy the weapons.

And there the controversy stands to this day.

Google Publishes Free Ebook Facsimile of Famous Soviet 1949 War Crimes Trial of Unit 731

"Question: So it would be correct to say that all persons brought to Detachment 100 for experimental purposes, were doomed to die.
"Answer: That is so."

-- Page 325, Materials on the Trial of Former Servicemen of the Japanese Army Charged with Manufacturing and Employing Bacteriological Weapons

Google Books is to be congratulated for shining a light on one of the most heinous and yet still largely unknown episodes of World War II, via the free publication for the general public of the English language version of the materials released on the 1949 Khabarovsk War Crimes trial. Published originally by Moscow's Foreign Languages Publishing House in 1950 (see full title above), "Materials" documents the examination of the use of biological weapons and illegal human experimentation, including thousands of "terminal" experiments, by members of the Japanese military unit most closely identified with this program, Unit 731.

Written off by some as a Stalinist "show trial" -- and there undoubtedly are some elements of that here -- the facts examined at Khabarovsk have been established to be true by Western historians. "Materials" is divided into pages of documentary proof, testimony by the accused and various witnesses, the state prosecutor's case, statements by the defendant's attorneys, and of course the verdict itself. I have personally found the reading of this trial material to be one of the most amazing and emotional experiences I've ever had. You cannot read this book and be unaffected.

It may be of interest to readers to know that none of the criminals indicted and convicted were executed for their crimes, though some did die in captivity. The majority were released early, as the USSR in the 1950s trying to win political points with the post-WWII Japanese state.

The question remains: why has the worst use of biological weapons and illegal human experiments, even dwarfing the crimes of the Nazis, gone mostly unremarked for almost three generations?

The ramifications of the decision by the Japanese government to research bacteriological or "germ" warfare on prisoners, killing thousands of them via inoculation of biological toxins, and then wage biological warfare across China and parts of the Soviet Union in the 1930s and 1940s, are still resonant in Asia today. It is not unusual to hear in Chinese or North Korean propaganda references to the crimes of Unit 731. An article by AFP, and published in Feb. 2015 by Japan Times, documents the fact that "70 years on, Unit 731’s wartime atrocities fester in China’s memory."

The actions of the Japanese emperor and his Army to unleash biological warfare -- led by the infamous general Shiro Ishii -- went unremarked during the Toyko War Crimes trials at the end of World War II. The reason for this was likely due to the established fact that the U.S. made at the time a secret agreement to amnesty all the personnel involved in Japan's Unit 731, "Detachment 100," and other assorted BW experimental and operational units, with the aim of gathering all the data gathered by Japan's illegal human experiments and operational experience with biological weapons for itself.

The Soviets, stymied in their attempt to get the matter brought up at the Tokyo trials -- the U.S. dragged its feet on even letting the Soviets interview BW chief Ishii, who was under house arrest by the Americans -- turned to their own separate trial of captured personnel from Unit 731 and the Kwantung Army, spurred on by popular resentment against the Japanese imperialist army and the dreaded Kampetei, who had kidnapped hundreds of Soviet and Chinese citizens for terminal use as guinea pigs in the Unit 731 dungeons at Pingfan, Manchuria. At moments, the anger of those in attendance at trial is even noted in the proceedings.

Some of the documentary material regarding the decision by the International Military Tribunal for the Far East (IMTFE, or Tokyo War Crimes trials) not to pursue biological warfare charges against the Japanese have been published digitally online at a special site dedicated to the Tokyo trials by the University of Virginia Law Library.

The information obtained by the Americans, and, if some reports are true, in some cases the personnel, went to the U.S. Army's biological weapons labs at Fort Detrick, Maryland. (According to the official military historian at Ft. Detrick, years later documents about Unit 731 were destroyed by order of Ft. Detrick's commander, leading to Congressional action to release what documentation still existed.) During the Korean War, the Chinese and the Soviets claimed the U.S. tested use of such materials during limited biological warfare operations against North Korea and China. Famously, captured U.S. airmen confessed to such use after interrogation (leading to the "brainwashing" scare pushed by the CIA and the U.S. media in the 1950s and 1960). The U.S. strenuously denied using biological weapons, but the accusations remain, and the evidence is still being sifted, much of it still classified after 60 years.

Indeed, for historians, both amateur and professional, finding original materials, such as the prosecutor's examination of the general leading the Kwantung Army's BW unit during WWII, was next to impossible, unless you had the money and perspicacity to search out rare copies of the printed version of selected materials. Now, thanks to a review of the copyright legality of publishing this material, initiated at my request, Google has published this important historical text for all readers to use. I am grateful to them, and hope that the general availability of this important original documentation will facilitate greater recognition of the crimes that took place during World War II, and throw greater light on the aftermath of the Unit 731 episode, one that reaches far across the historical divide to allegations of the use of biological and chemical weapons today.

For further reading: Here are two articles of interest. The first from a bioethics journal, "The West's dismissal of the Khabarovsk trial as 'communist propaganda': ideology, evidence and international bioethics."

The second article is a 2001 article in The Japan Times, which recounts the trial itself: "The trial of Unit 731". The following is an excerpt from that article (the link to Harris's book is added):

Russians aware of the atrocities in Harbin were outraged. Josef Stalin responded by ordering trials of his own. On Dec. 25, 1949, the trial of Unit 731’s doctors began, with orders to finish by the end of the year, before implementation of a decree reinstating the death penalty in the Soviet Union. Stalin apparently feared that Japan might execute Soviet prisoners of war if the physicians were hanged in Khabarovsk, Permyakov said.

Nevertheless, the proceedings “were not a show trial on the Stalinist model,” said Sheldon Harris, the American author of “Factories of Death: Japanese Biological Warfare 1932-45.”

“It was a strange affair, having the trial take place in Khabarovsk rather than in Moscow or Leningrad,” Harris said. “However, the evidence presented at the trial was reasonably faithful to the facts. It was discredited in the U.S. and elsewhere because of the notoriety of earlier show trials in the U.S.S.R. Nevertheless, the [U.S.] State Department and MacArthur’s people were in a panic that some evidence would come out at the trial that there were American POWs who were [victims of] human experiments.”

CIA Cannot Confirm or Deny Having Files on Infamous Nazi Doctor

Some things never fail to surprise. And surprise was my reaction to my recent FOIA request at the MuckRock website on a notorious Nazi doctor who had been tried at Nuremberg. The CIA returned a "Glomar" response to my FOIA on Doctor Kurt Blome.



The CIA wrote, "In accordance with section 3.6(a) of Executive Order 13526, the CIA can neither confirm nor deny the existence or nonexistence of records responsive to your request."

Towards the end of the article, and quoted in full, is my appeal of this decision to the CIA. It is published here as a public service, to educate the public about an aspect of the war fought by the "greatest generation," that is not fully explored in a Tom Hanks movie or even a decent World War II history book. (A "no responsive records" on a similar FOIA to the FBI is also being appealed. A FOIA request to the Army has not received any response thus far.)

Glomar responses are considered in cases of "sensitive national security." Just how sensitive a national security issue can it be to admit the CIA has or does not have files on Kurt Blome? For those who are trying to get the truth out of the government on a multitude of different issues, beyond which whistleblowers like Edward Snowden or Chelsea (formerly "Bradley") Manning have been able to provide us, the fact that information more than 60 years old is so sensitive that the government can't admit or deny knowledge of it boggles the imagination.

As readers may or may not be aware, I've been researching the allegations that the U.S. used biological weapons during the Korean War. The charges are still considered valid in China and North Korea, and along with the connivance of the United States in covering up Japanese biological and chemical warfare and medical experimentation in China during World War II, the truth or falsity of these charges are still a hot-button issue in Asia. (My recent article on the subject showed documentary proof that the U.S. was lying, at least in part, publicly about what was going on, and also showed that the U.S. was possibly involved in chemical warfare in Korea as well!)

A South Korean newspaper, The Chosunilbo, responding to Japan's latest provocation -- a visit by Prime Minister Abe to the notorious Yakasuna war shrine, where war criminals from World War II are buried -- reported, "By visiting Yasukuni, Abe has made it clear that he does not intend to back down from a diplomatic and even military confrontation with South Korea and China over the issue of whitewashing his country's wartime atrocities, Tokyo's flimsy colonial claim to South Korea's Dokdo islets and other territorial issues. It is obvious that he will push ahead with his rightwing agenda at all costs."

But what's all this got to do with Nazis, you may ask?

The research took me to the issue of the Nazis' own biological warfare program. According to the Nuremberg trial record, and the few histories on the subject written since, the Nazi doctor Kurt Blome was in charge of the National Socialists' "bacteriological warfare" program. He had built a testing facility in Posen, Poland, reportedly not too different from the Unit 731 facility in Ping Fan. It was captured by the Soviets, but Blome got away. He was later captured by the Americans, and interrogated by the secretive ALSOS group. He was tried as part of the famous Doctors' Trial at Nuremberg, but was acquitted. Some have implicated a deal was made with him for his BW information, and what he could tell the Americans about other Nazi scientists.

My research into the Unit 731 story had led me to track down the intelligence (OSS/Central Intelligence Group) connections of one primary figure involved in the decision to give amnesty to the Japanese BW war criminals, in exchange for getting BW (and other) data from them for use by U.S. scientists working at Ft. Detrick (and likely, too, for the Special Operations Division there, working on poisons and mind control research for the CIA). (This is the subject of an article to come, so I'm not going to give many details on who that intelligence person was.)

So I thought I should at least send a FOIA on Kurt Blome to the CIA. After all, according to historians Ute Deichmann, Linda Hunt, and Tom Bower, Blome had been a candidate for Army's Operation Paperclip, which sought out Nazi scientists to bring to the U.S. (like Werner von Braun). But presumably the U.S. Foreign Office or State Department balked on bringing this Nazi zealot to the America. After he was released from U.S. custody, he was interviewed by Ft. Detrick scientists, and subsequently, was said to be employed by the United States as a "camp doctor" at the European Command Intelligence Center at Oberursel, West Germany.

Now why, I wondered, was a Nazi doctor hired at the largest U.S. interrogation facility in post-World War II Europe? Moreover, why did Blome's trail end there? (A few sources state he was later arrested by the French and jailed, but I can find no clear documentary evidence of this.)

For the record, and I believe the readers' interest, I'd like to quote a bit from the June 16, 1947 closing brief at the Doctors Trial at Nuremberg for the United States of America versus Kurt Blome:

Blome was Deputy Reich Health Leader and Deputy Leader of the Reich Chamber of Physicians and the National Socialist Physicians' Association. He was a close collaborator of [Reich Health Leader, Leonardo] Conti, who was in direct charge of the civilian health service. By virtue of these positions, Blome held considerable power and influence. He knew that concentration camp inmates were being systematically used in criminal medical experiments. 

As the responsible head of bacteriological warfare, Blome personally suggested and carried out criminal experiments in that field. In the same connection he had poisons tested on human subjects and reported to Himmler on this matter.

Blome had full knowledge of the murderous freezing experiments by [SS doctor Sigmund] Rascher, supported his efforts to gain admission as an academic lecturer on that subject, and, as a member of the Reich Research Council, personally issued a research assignment to Rascher for further freezing experiments. He collaborated with Rascher in the Polygal experiments, during which inmates were shot and killed. He also issued a research assignment to Rascher in support of these experiments.

Blome had knowledge of [August] Hirt's [mustard] gas experiments in Natzweiler and furthered his work by issuing an assignment from the Reich Research Council.

As Deputy Reich Health Leader, Blome worked with the murderer [Arthur Karl] Greiser, Gauletier of Warthegan, who among other things assisted in the extermination of Jews in that area of Poland....

Historian, Michael H. Kater, in his book Doctors Under Hitler, said that Blome was one of a number of German doctors who were "instrumental not only in developing and introducing the Nuremberg race legislation but also in creating the severity with which its various enactments affected German Jews and the murderous ramifications thereafter" (p. 182)

Despite the crimes involved here, the story of U.S. government refusal to release records, and particularly obfuscation by the CIA, is nothing new. According to a 2005 Reuters story, "the CIA has refused to disclose documents about its postwar dealings with former Nazis who have not been accused of war crimes but belonged to organizations like the German Nazi party and the SS, congressional officials said. Some of the material is believed to deal with former Nazis who joined the allied Cold War effort against the Soviet Union in Europe, the officials said."

Former New York Congresswoman Elizabeth Holtzman told UPI at the same time as the Reuters article, "I think that the CIA has defied the law, and in so doing has also trivialized the Holocaust, thumbed its nose at the survivors of the Holocaust and also at Americans who gave their lives in the effort to defeat the Nazis in World War II."

What follows is the text of my FOIA appeal to the CIA:

December 12, 2013

Agency Release Panel
c/o Susan Viscuso
Information and Privacy Coordinator
Central Intelligence Agency
Washington, DC 20505

Reference: F-2014-00114

Dear Agency Release Panel:

This letter constitutes an administrative appeal to the Agency Release Panel, such appeal being guaranteed by Section 3.5(e) of Executive Order 13526.

I am writing to appeal the determination by the Central Intelligence Agency (CIA) with regard to my FOIA request filed on October 23, 2013, reference number F-2014-00114, for "all files pertaining to the former Nazi doctor Kurt Blome.”

The CIA response of November 6, 2013 indicated that, in accordance with section 3.6(a) of Executive Order 13526, the CIA could “neither confirm nor deny the existence or nonexistence of records responsive” to my request. CIA’s notification continued, “The fact of the existence or nonexistence of requested records is currently and properly classified and is intelligence sources and methods information that is protected from disclosure by section 6 of the CIA Act of 1949, as amended, and section 102A(i)(l) of the National Security Act of 1947, as amended.” This will be referred hereafter in this appeal by the popular name given to such a rejection, i.e., as a “Glomar” response.

The following are my reasons for appeal:

1) Some information related to cooperation Kurt Blome gave to both the military and intelligence agencies of the US government have already been released and are in the public record, and is further discussed below.

2) In her book, "Secret Agenda: The United States Government, Nazi Scientists and Project Paperclip, 1945-1990" (St. Martin’s Press, 1991), Linda Hunt noted that Kurt Blome had been interrogated as part of the Alsos missions at the end of World War II. Alsos was jointly staffed by the Office of Naval Intelligence, the Office of Scientific Research and Development, the Manhattan Project, and Army Intelligence (G-2), and mandated to investigate enemy scientific developments. The investigation included biological weapons. From the Nuremberg trial, where Blome was a defendant, we know that he was involved in biological weapons research for the Nazi government.

3) The record of Blome’s Alsos interrogation is in the public domain. See Alsos interrogation at the National Archives in the Kurt Blome INSCOM dossier XE001248. Arrest reports: in Blome's Nuremberg arrest file, Record Group (RG) 238, NARS.

INSCOM stands for U.S. Army Intelligence and Security Command.

Blome’s status as an accused defendant in the Nuremberg proceedings is well-known. The records of that trial are public domain, and it is difficult to believe that the CIA has no files or records or reports that discuss Blome in relation to the war crimes charges or the trial itself.

At the trial, it came out that Blome admitted at the Nuremberg Trial that he had been head of an institute in Posen that did research on biological warfare for the Nazis. Experiments had been carried out on Soviet prisoners-of-war as part of this research. See The Nuremberg Medical Trial, 1946/47 (Walter de Gruyter, 2001), p. 56.

4) Kurt F. L. Blome (F. L. for Friedrich Ludwig, the middle names of the same Kurt Blome who is the subject of my FOIA request and this appeal) is mentioned by name in a declassified list of “Foreign Scientist Case Files, 1945-1958”, part of the scientists who signed up to work for the U.S. government as part of Operation Paperclip, or the later Project 63. See URL: http://www.archives.gov/iwg/declassified-records/rg-330-defense-secretary/foreign-scientist-case-files.pdf

5) After Blome was acquitted at the Nuremberg Doctors’ Trial in August 1947, according to Hunt’s book, two months later, “four representatives of Fort Detrick -- the Maryland army base that was also headquarters of the CIA's biological warfare program -- interviewed Blome about biological warfare…. During a lengthy interview Blome identified biological warfare experts and their locations and described different methods of conducting biological warfare.” (p. 180) Blome was ultimately given a position working for the Americans at Camp King interrogation center, Oberursel, West Germany.

The Fort Detrick interrogation is known from Blome’s INSCOM dossier and his Joint Intelligence Objectives Agency (JIOA) dossier, RG 330, NARS.

According to the National Archives website, JIOA was “was established in 1945 as a subcommittee of the Joint Intelligence Committee (JIC) of the Joint Chiefs of Staff (JCS). The JIC served as the intelligence arm of the JCS, responsible for advising the JCS on the intelligence problems and policies and furnishing intelligence information to the JCS and the Department of State. The JIC was composed of the Army's director of intelligence, the chief of naval intelligence, the assistant chief of Air Staff-2, and a representative of the Department of State.”

“The JIOA was given direct responsibility for operating the foreign scientist program, initially code-named Overcast and subsequently code-named Paperclip.” (URL: http://www.archives.gov/iwg/declassified-records/rg-330-defense-secretary/)

Hence, the fact that Blome acted as an “intelligence source” for U.S. intelligence circles is no secret.

6) Some of the information that Blome could have given interrogators has been pieced together from German archives. The German historian, Ute Deichmann in her book, "Biologists Under Hitler" (Harvard Univ. Press, 1996) mentions, as an example of this kind of information, the Wolfram Sievers at the Institut fur Zeitgeschichte (MA 1406/1).

In these diaries, Blome is described as having conducted neutron radiation experiments, as well as making plans to carry out experiments with bacterial pathogens (p. 417).

7) According to BBC television producer Tom Bower in his book, "The Paperclip Conspiracy: The Hunt for the Nazi Scientists" (Little, Brown & Company, 1987), it is public record that Kurt Blome was hired by the U.S. Chemical Corps in August 1951 and certified by U.S. High Commissioner for Germany, John McCloy, as “not likely to become [a] security threat to the US” (p. 254) Bower gives as citation for this material RG 330 JIOA case file, “Blome,” in the National Archives.

8) The Nazi War Crimes Disclosure Act (P.L. 105-246, 5 U.S.C. § 552) mandated that Government agencies, including the CIA, take necessary steps necessary to declassify and open remaining classified records related to Nazi war criminals and criminality. This included “any person with respect to whom the United States Government, in its sole discretion, has grounds to believe ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion, during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with…. the Nazi government of Germany”.

This law included an exception that would “reveal the identity of a confidential human source, or reveal information about the application of an intelligence source or method, or reveal the identity of a human intelligence source when the unauthorized disclosure of that source would clearly and demonstrably damage the national security interests of the United States.

While there is an exception made similar to that which the CIA claimed in its “Glomar” response to my FOIA request, I would argue from the information above that there is already a good deal about Kurt Blome in the public record that likely is in CIA files, and withholding such information because of a possible revelation re an intelligence or methods source is a moot issue.

While there may be aspects of the request that could still be denied under one or another FOIA exemption, I would ask that the elements of the files and other information from my original request that can segregably be released, be so released.

In conclusion, I ask that the Agency Release Panel reconsider its “Glomar” decision to neither confirm nor deny the existence or nonexistence of records responsive to my request.

I have shown that there is already a documentary of both the interrogation and employment of Kurt Blome by U.S. military and intelligence sources. I have shown that Kurt Blome is known to have been a used as an intelligence and/or methods resource after he came under U.S. custody. I have further shown that some of Kurt Blome’s expertise in scientific matters that may have been of interest to U.S. intelligence, and hence the CIA, has already been made public in German archives.

Finally, I would argue that lacking any reason to consider information on Kurt Blome something subject to a “Glomar” denial, it is also important to consider that it was the legislative intent of the United States Congress, in a law signed by the President of the United States, to release information related to Nazi war criminals or possible criminality by such persons.

According to the CIA’s own website, the Nazi War Crimes Disclosure Act was “the largest congressionally mandated, single-subject declassification effort in history, and a special website at the CIA was set aside to openly display documents the CIA released under this act. (URL: http://www.foia.cia.gov/collection/nazi-war-crimes-declassification-act)

In the spirit of that Act, and of the CIA’s own efforts to release information according to such lawful request and special effort, and given that so much about Kurt Blome has already gone into the public record concerning his activities as an intelligence and/or methods resource, and, finally, given the blood and treasure the citizens of the United States spent in fighting the Nazis, I ask that the “Glomar” exception be removed and my FOIA request appropriately processed.

I look forward to receiving your decision on this appeal in a timely fashion. If you have any questions, or believe discussion of this matter would be beneficial, please contact me or MuckRock News.

Sincerely,

J.K.

My thanks to both Jason Leopold and NSA Archive for their assistance, online and off, for help in understanding the Glomar experience!

[Update, 2/9/2014: In a letter dated January 22, 2014, the CIA responded to my appeal letter with the statement, "Your appeal has been accepted and arrangements are being made for its consideration by the Agency Release Panel."]

Man Who Sought Truth in Mass Murder Teigin Case Dies in Tokyo

FORGET FORGET FORGET

"But something is wrong, very wrong..."

The Google Alert notified me a few days ago that, according to The Japan Times, a 54-year-old Japanese man, Takehiko Hirasawa, died alone and unheralded in Suginami Ward, Tokyo. Cause of death is unknown. When the crime that obsessed him most of his adult life occurred, he had not yet been born. He was not yet the son of two fathers. He was not yet the head of the Society to Save Sadamichi Hirasawa.

He was no one any of you were likely to have heard of. (I see The Wrongful Convictions Blog noticed Takehiko's death, though.) Nor would you likely have known about those who died in the criminal events that pursued Takehiko's conscience, all 12 of them. Nor was the story of his adopted father, sent to death row where he would never be executed, even after over 30 years, likely known to many of you, as past crimes fade like letters written upon a mystic writing pad.

The date of the crime was January 26, 1948. It was by all accounts a most extraordinary event. The intervention of the Americans into the Tokyo police investigation was documented by William Triplett in his 1985 book, The Flowering of the Bamboo. The crime story made the U.S. press over the years, only to repeatedly slip and slosh back into the inky depths of press oblivion.

Here's what went down: in the western Tokyo district of Shinjuku, 16 people had been at a Tokyo branch of the Teikoku Ginko bank (abbreviated as "Teigin"). It was closing time on a wet afternoon, the streets muddy, the city still reeling from the massive incendiary bombings by the Americans less than three years before. Now the Americans were the occupiers. Japanese imprisoned abroad during the war were still trickling back into Japan. Some of them were war criminals. Some had belonged to a notorious but ultra-secret military unit involved in biological warfare experimentation and operations.

"And now I look him in his face. It is round, very round. Like an egg."

Much later... Much, much later, decades later, we would learn the U.S. had a hand in covering up this BW unit, known as Unit 731. (Actually, there turned out to be many such units scattered throughout the Japanese Army, and included contacts at prestigious universities and medical schools.) We learned that thousands of prisoners had been experimented on, inoculated with disease, shot with poisoned bullets, exposed to germ bombs, forced to impregnate each other with syphilis, subjected to vivisection (dissected alive).

Only later, much, much later, would we learn that Japanese biological warfare operations would kill hundreds of thousands in China during World War 2. It was by far the greatest sustained use of BW in warfare up to that time, but it was hidden, giving the lie to the supposed truth that no huge conspiracy could ever succeed for long. (For most scholarly treatment of the entire historical event, though still incomplete on its own, see Sheldon Harris's book, Factories of Death: Japanese Biological Warfare, 1932-45 and the American Cover-Up.)

FORGET

"This serum is very strong and if it touches your teeth or gums it can cause great damage. So please listen and watch carefully as I demonstrate how to swallow the serum safely."

A man came to the bank. He wore an armband that identified him as a health official. He said he was a doctor. There had been a dysentery outbreak and he was working with the Americans to prevent an outbreak. Would each bank worker please take the specially-derived antidote please? The workers looked at the bottles the "doctor" had brought. They were marked in English "First Drug" and "Second Drug." They drank, and within minutes, 12 were dead. The "doctor," who also drank from the bottles but apparently was unfazed by their contents, disappeared with a small amount of cash. One woman staggered into the street and gathered the attention of stunned pedestrians.

The investigation was huge, and the Tokyo press, like all reporters, were hungry for a big story. The Japanese cops went to the Americans, who still controlled censorship over the Japanese press in Jan. 1948. Would they help suppress this story? They would, replied the Americans. (See Triplett's documents at the rear of his book.)

"Now drip the liquid onto your tongues."

FORGET FORGET FORGET

There was one other wrinkle. The cops were getting tips. According to sources, the killer was linked to Unit 731 (or perhaps an affiliated unit). This was inconvenient to say the least, because only months before, the U.S. had solidified a deal with Gen. Shiro Ishii, the head of Unit 731, and his associates and workers, to hide the evidence of their crimes in exchange for extensive debriefings about what they had discovered about using BW agents on humans. They were also getting slides of human tissues from Unit 731's experiments, at least 8,000 such slides, which were sent on to researchers at Ft. Detrick.

The Americans knew, too, that some of the experiments had likely been conducted on U.S. and British POWs at Mukden POW camp, and possibly other sites. They had kept the whole affair out of the Tokyo International Military Tribunal, even as similar crimes were being prosecuted at Nuremberg. But the "Teigin Incident" threatened to blow the whole story.

Commander in Chief, Far Eastern Command (May 47): "Data already obtained from Ishii and his colleagues have proven to be of great value in confirming, supplementing and complementing several phases of U.S. research in BW, and may suggest new fields for future research.... the only known source of data from scientifically controlled experiments showing the direct effect of BW agents on man.... The BW information obtained from Japanese sources should be retained in intelligence channels and should not be employed as 'war crimes' evidence."

But the tale of the bizarre bank killings wouldn't die. The press kept at it. The police needed to find someone to charge with the crime. They found someone. Sadamichi Hirasawa, a painter and sometime pornographer who had no experience with the military or chemistry, unless it was on how to mix a drink. He was interrogated for hours on end and confessed, though he swiftly withdrew his confession as coerced. Too late. Evidence was concealed at trial. The confession was ruled valid by the court. In the end, Sadamichi Hirasawa was sentenced to death.

But that was not the end of the story. There were appeals, denials of appeals, and after many years, a decided policy by the Japanese government never to sign an actual death warrant for Sadamichi's hanging. Appeals and decades both passed. Hirasawa died on Japan's death row in 1985. The New York Times noticed the event.

He was 95 years old, and maintained his innocence to the end. Long before he died, in 1962 a famous Japanese writer, Tetsuro Morikawa, founded a Society to Save Hirawawa. According to Triplett, "The Society filed sixteen appeals for retrial and four appeals for pardon. All had been rejected."

Astoundingly, when his health failed, Tetsuro had his son Takehiko become adopted by Sadamichi, as the latter needed "relatives" if further appeals were to be pursued. In fact, as The Japan Times story makes clear, there was still an active appeal on file, which may (or may not, as the vagaries of the law go) be moot now that Takehiko is dead.

And so it was that Takehiko Morikawa became Takehiko Hirasawa. (Morikawa died in 1983.)
"-- and now I see everyone rushing for the sink, for the tap, for the water, and now I am rushing for the sink, for the tap, for the water, and now I see people falling to the floor... people coughing, people retching, people vomiting, and now I can feel people pushing past me... and now the light is leaving us, leaving us here..."

VERGESSEN FORGET

But perhaps the reader wants to know why Takehiko's death has any significance now. I cannot tell the reader that. It is already written: in the news about threats of use of biological and chemical weapons by terrorists, by the forgotten tales of use of such weapons by the U.S. and their allies, by some small number of historians who will not let the truth die.

Even a portion of the U.S. government got into the act, late in the game then, long ago now, as judged by many for whom 9/11 "changed everything."  With 9/11 it seemed as if a veil descended on all that went before it, erasing much of history, so those in power could get away with their crimes.

But before 9/11, in 1999, there were hearings. Sen. Dianne Feinstein, who castigated Edward Snowden for the release of documents showing U.S. wrong-doing, helped sponsor the Japanese Imperial Army Disclosure Act of 1999. More information to come out. But not the name of the man who killed a dozen innocent people in one of the strangest poisoning killings on record. That name is not known. Could it have been Sadamichi Hirasawa? Takehiko Hirasawa spent his life trying to prove it was not so.

Takehiko Hirasawa is dead, following his mother by almost a year. The police have ruled out foul play, although it is clear the investigation has not even been completed. Japan is rearming. The US is telling us to fear BW from Syria and Iran (see this Washington Post article from October). The US is pushing experimentation on children to develop an anthrax vaccine to "protect" the US from biological weapons attack.

The victims at the Teikoku Ginko bank call out to us across the decades.

"I am falling, I am falling, I am falling into the grey-ness, I am falling, falling and falling away, away from the light...."

FORGET FORGET FORGET

[The italicized text is taken from David Peace's novelization of the Teigin Incident, Occupied City. The text in bold is from a document reproduced in the appendix to Triplett's book, labelled as from the War Crimes Office, Judge Advocate General's Office, US War Department. -- This posting was cross-posted at The Dissenter/FDL]

US Covered-Up for Decades the Largest Use of Biological & Chemical Weapons in History

Crossposted from The Dissenter/FDL

There are many reasons why one should oppose the military action against Syria being planned by the Obama administration. But given that the action is being trumpeted as a righteous response to the alleged use of chemical weapons by the Syrian government, there is one reason to oppose the U.S. action that carries with it more than the usual amount of painful irony.


It is difficult to know how to introduce this subject, as it is so dark and evil, and the U.S. population has been lied to for so long about it, that I fear the initial reaction very likely can only be shock and denial. And yet, the crimes to which I am about to refer are quite well documented, and were themselves the focus of a Congressional bill in 2000 directing the National Archives to specially search for and release the relevant documentation. The deaths involved are said to approach half-a-million souls, and the injuries of many are still ongoing.

Kept "Top Secret" in "Intelligence Channels"

Here, in summary, are the primary facts. As you read this, remember that the U.S. government not only amnestied those involved in the following war crimes, but paid them for the information they could provide, and in some cases hired them. The decision was made by the Joint Chiefs of Staff, the State Department, and possibly the new CIA and the new president, Truman. The idea for the deal was prompted by General Douglas MacArthur, military doctors at Ft. Detrick, and officials in the U.S. Chemical Warfare Service. It was famously decided that all that you are about to read now would be kept as "top secret," not to be released outside "intelligence channels." And it wasn't... for about 35 years.

From the time the Japanese Imperial Army occupied Manchuria (in the early 1930s) until the end of World War II, its special Unit 731, and dozens of associated units, engaged in wide-scale lethal experiments on biological and chemical warfare, including the use of poisons for assassination purposes and the wide-scale use of herbicides. These experiments were conducted on thousands of prisoners, estimates ranging from 3000 to 20,000 POWs and civilian prisoners. The exact number may never be known.

Many of these prisoners were experimented upon without anaesthesia and by way of vivisection. The prisoners at the central Unit 731 facility at Pingfan in Manchuria were incinerated in crematoria after the military doctors were done with them. As I recently was able to derive by research into Soviet documents, some of the prisoners -- called "marutas" or "logs" by Japanese researchers and military officials -- sent for lethal experimentation by Unit 731, Unit 100, and like facilities were military or intelligence agency prisoners who could not be trusted to remain silent about the torture they had received from Japanese interrogators.

As did the Nazis, Japanese researchers conducted experiments on malaria, syphilis, and on freezing. (Japanese and German collaboration on these programs was likely closer than previously thought.) Male prisoners were forced to rape female prisoners in order to inoculate them with venereal disease. Other prisoners were forced to stay outside in sub-zero temperatures, as part of Japanese military frostbite experiments. Some prisoners were tied to stakes and had munitions loaded with bacteria exploded nearby them, the shrapnel embedding itself in their exposed skin. Other prisoners were tricked into taking food or medications that had cyanide, hallucinogenic substances, and opiates.

Though the US government specifically denies it, some of the prisoners were also US POWs held at Japan's Mukden POW camp, and possibly other camps as well. (An academic book on the subject was published by Naval Institute Press a few years ago.)

Large-scale Use of Biological Weapons in War Was Covered-Up

But the experiments were only part of the crimes, as the Imperial Army implemented the use of the bacteriological weapons against the Chinese and Soviets during World War II, killing, according to recent estimates, somewhere between a quarter and half-a-million people with plague, typhoid, and other diseases, and leaving others injured for life. Japan bombed cities with specially constructed bacterial bombs, as part of a plan that included well-poisonings, the release of infected rats and fleas (bred specially for the purpose), and other forms of mass inoculations.

After World War II and the blanket amnesty for all the BW researchers, who were led by Kwantung Army Lt. General Shiro Ishii, British and Canadian researchers have alleged that some of the Japanese personnel were utilized in a campaign of biological warfare by the United States during the Korean War. The issue is still hotly debated today, and the U.S. still keeps secret today many documents related to that war.

The crimes of Unit 731 and assorted entities, the U.S. amnesty of those involved, and collaboration with Ishii and others in collecting the "scientific" information taken from the murder of thousands, would have remained secret forever, had it not been for the conscience of a few of those Japanese scientists and technicians involved who came forward to talk to Japanese researchers in the mid-1970s. In America, the revelations were due to the tireless work of journalist John W. Powell, who used FOIA extensively to document the case of the U.S. cover-up, publishing in 1981. Even so, the subject has never entirely entered the mainstream of U.S. consciousness.

Japan's Use of Chemical Weapons in China

[This section on chemical weapons has been augmented from the original posting, taken from a 9/11/13 version of this article posted as a diary at Daily Kos.]

The crimes of the Japanese Imperial Army were not limited to bacteriological weapons. They also used chemical weapons extensively in China from 1937 until 1945, according to declassified US records. None of the Japanese military hierarchy tried after the war for war crimes were charged with use of chemical or bacteriological weapons. Those involved were protected by the U.S. military and amnestied for any crimes. The knowledge of the weaponry involved, including that derived through lethal experiments, was sent to Ft. Detrick, the CIA, and other "intelligence channels."

If anything, the size of the chemical war and the damages and fatalities wrought thereby are even more secret today than Japan's biological weapons program. A diligent search finds very, very little published in English on this issue. One prominent exception is Yuki Tanaka's article, "Poison Gas: the Story Japan Would Like to Forget," in the October 1988 Bulletin of the Atomic Scientists. The Japanese researcher also unearthed evidence of the cover-up of the CW war crimes at the trials of Japanese Imperial officers after WWII, noting that because chemical warfare and bacteriological warfare were linked in the same treaties that banned them, to prosecute on chemical warfare experiments and tests would have been "difficult to bring up... while covering up the use of bacteriological warfare."

There's no question the U.S. knew of such crimes, as Col. Thomas Morrow, who worked for the International Prosecution Section of the Tokyo war crimes department sent two different memos to the Chief Prosecutor on exactly this subject, detailing the use of specific poison gases, and a discussion of casualties. But Morrow was unexpectedly sent back to the U.S., and his reports classified and put away for decades.

The scope of the chemical war unleashed in China can be ascertained by the damage left afterward. According to Nationalist Chinese sources in Taipei, approximately 700,000 chemical munitions were left abandoned in China after World War II. The Chinese government says that approximately 2,000 people still die each year from encounters with such ordinance. An ongoing clean-up of the chemical mess, in part paid for by Japan, is still ongoing in 2013.

Discoveries regarding the scope of the chemical warfare experiments and operational use of the weapons are still ongoing. A 2005 article in the UK Independent announced the discovery of a huge Japanese chemical weapons plant "20 miles south-east of Hulun Buir city in the far north of Inner Mongolia." Covering approximately 40 square miles, a Chinese researcher said, "It may be the largest and best-preserved gas experiment site in the world. We've found more than a thousand pits that were used for experiments, as well as trenches and shelters for people and vehicles."

When recently, for a longer article I am writing relating to this subject, I asked DoD for official response to these issues, the DoD spokesperson referred me to Ft. Detrick's public affairs office. The official at Ft. Detrick said they had no knowledge of these events and could not comment, all relevant material having been sent to the National Archives years ago. Meanwhile, a former official at Ft. Detrick confirmed to me a statement that he made to historian Sheldon Harris in 1999 concerning the destruction of records on Unit 731 at Ft. Detrick occurring as late as 1998. I'll have more to say about that in the future, but meanwhile those interested can pursue the matter at this link from the Congressional Record.

U.S. Record Makes It Impossible to Trust Their Statements on Chemical or Biological Warfare Dangers

The final point concerns the relevancy of the material above with the aims of the U.S. government to bomb Syria for the purported use of chemical weapons. The argument is simple. The actions of the U.S. government for decades on the matter of biological and chemical weapons demonstrate that it cannot be trusted on this matter. The government was intimately involved with cover-ups on the use of these weapons. Their cover-up is likely still ongoing.

Recently, the Washington Post published an article by Joby Warrick on possible dangers from Syrian use of biological weaponry. The story is specious on its own account, but it is also telling that Warrick never refers to any of the facts I've related above about the U.S. history with Unit 731.

Furthermore, as awful as the material involved here is, it must be assessed in the context of other U.S. criminal activities associated with biological and chemical warfare, from the lies told about WMD, leading to the 2003 invasion of Iraq, to experiments done on U.S. citizens, to the facilitation of chemical weapon attacks by other countries, e.g., Saddam Hussein's Iraq.

Certainly, the videos released on the Internet, most lately with the imprimatur of Congressional Intelligence committees, contain scenes of ghastly deaths that are frightening to watch. The constant bombardment of propaganda from media and government sources, not least supposed "liberal" or "progressive" politicians, is meant to achieve a sense of urgency and fear in the population that will allow at the least acquiescence towards the military's new war actions in the Middle East.

I hope that bringing up the history of the United States in relation to the largest operational use of biological and chemical weapons in history will give pause to those who are otherwise credulous of U.S. intentions. The record is clear: the U.S. has lied and covered-up when it comes to biological and chemical weapons, and government sources cannot be trusted, certainly not when the bulk of their information is kept secret from the public.

Japanese WWII Torture Document Eerily Reminiscent of US Torture Program

The following is taken from a 63 year old book published in the early days of the Cold War. Titled Materials on the Trial of Former Serviceman of the Japanese Army Charged with Manufacturing and Employing Bacteriological Weapons (Foreign Languages Publishing House, Moscow, 1950), the book contains trial summaries and testimony from the Khabarovsk war crimes trial in December 1949.

Derided as just another Stalinist show trial at the time, historians have since confirmed the evidence regarding the crimes prosecuted, including deadly biological experiments on prisoners by special units of the Japanese Imperial Army, the most famous of which was Unit 731.

The selection below is one of the exhibits contained in the book, collected in a section labeled “Documentary Evidence.” The book itself has been out of print for decades, and is generally unavailable, except via some few libraries and antiquarian bookstores. The selection included here is on the Japanese Army use of torture. The reader will notice that the Japanese Army demonstrated many of the same techniques and concerns the U.S. showed when it was implementing its own torture program under the CIA and the Department of Defense.

The Japanese torture program included, as described here, use of stress positions, physical attack, and a form of waterboarding. The interrogators were instructed to be aware of possible false information by prisoners in order to get “relief from suffering.” They appeared to also be concerned in the truthfulness of information obtained, and the possibility of deception.

Moreover, the Japanese were quite worried about others knowing about the torture. While they do not outright call for the murder of prisoners, one is left to guess at what “measures must be taken” so that prisoners did not talk of the torture “afterwards.”

The material from the Khabarovsk trial is consistent with that published in a report by the Supreme Commander of Allied Powers on “Japanese Methods of Prisoner of War Interrogation” (June 1, 1946). Techniques described there include: beatings of various sorts (derided, though, as “the most clumsy method”); threats of “murder, torture, starving, deprivation of sleep, solitary confinement, etc.”; psychological threats; water torture, which sometimes resulted in fatalities; attaching a prisoner's thumbs to a “motor car which proceeds to pull him around in a circle until he falls exhausted,” and other tortures. Some Japanese soldiers and officers were prosecuted for war crimes after the war for such inhumane and criminal conduct.

What Made the Khabarovsk Trial Special

What makes the selection from the Khabarovsk trial unique is the degree to which the document discusses the importance of hiding the torture, and how to deal with deception. Interestingly, there is no discussion of producing false confessions.

It is noteworthy, too, to understand that thousands of prisoners who were sent to Unit 731 had also been, or were interrogated and/or tortured, at the site where biological experiments on them were done. All the prisoners were killed after the experiments were completed. The results of the experiments were operationalized in biological warfare campaigns by the Japanese in China that killed, recent estimates claim, perhaps as many as half a million people.

In future stories, I will discuss at much greater length aspects of this material that has gone unreported for years. The reasons for such a lack of historical writing is not lack of interest, but the fact that what materials the Japanese did not destroy were kept classified by the Americans for decades as part of an amnesty deal made with the leaders of the Japanese biological warfare program. The deal included a transfer of data on the fatal human experiments to the U.S. Army and intelligence services. Both the Department of Defense and (most likely) the CIA were involved in the decision to give amnesty to the Unit 731 et al. criminals.

For more information on the deal made between the U.S. and the Japanese described here see Peter Williams and David Wallace, Unit 731: The Japanese Army Secret of Secrets, 1989, Hodder and Stoughton, London; Sheldon H. Harris, Factories of Death: Japanese Biological Warfare, 1932-1945, and the American Cover-up, rev. ed. 2002, Routledge, New York; and Daniel Barenblatt, A Plague Upon Humanity: the Secret Genocide of Axis Japan’s Germ Warfare, 2004, Harper, New York.

The Khabarovsk selection reprinted below appears on pages 235-237 of Materials. I have tried my best to reproduce the material as it is in the book. What is italic or bold here is italic or bold in the book. Extra spacing between letters is as in the printed material. Case has been preserved. Paragraph breaks are by extra lines, while in the book they are by indent.

File No. 48. Pages 90, 112, 113, 124, 125, 126. “Operation Officer's Guide (Part I).” From the files of the Mutankiang J.M.M. 

Translated from the Japanese  

S t r i c t l y  C o n f i d e n t i a l 

Seal: “MUTANKIANG J. M. M.
Received June 14, 1945
Inc. No. 9”

Page 90 

MILITARY INVESTIGATION DIVISION
OF GENERAL HEADQUARTERS 

Copied by Unit
No. 471-MANSHU 

SECRET WAR SERVICE GUIDE 

Page 112  

I n c l o s u re 

Fundamental Rules for Interrogating War Prisoners 

Page 113 

G e n e r a l  R u l e s 

1. The present rules relate to cases of interrogation with the view to obtaining information, but do not relate to the interrogation of criminals. 

2. Persons who have surrendered, deserters, captured enemy spies, those who illegally cross the frontier, crews of aircraft compelled to make a forced landing or of vessels compelled to come to our shores, escaped war prisoners who had formerly served in our army, the inhabitants of districts we have newly occupied, and also civilian refugees from the sphere of enemy influence, except on special matters, are interrogated in conformity with the methods of investigating and interrogating war prisoners.

Page 124 

62. Sometimes, depending on circumstances, it is advantageous to resort to torture, but often this may lead to harmful consequences, and therefore, before resorting to it, it is necessary to carefully consider whether this should be done or not. Furthermore, torture must be applied in such a way as not to lead to bad consequences for us. 

Page 125 

63. Torture, the infliction of physical suffering, must be sustained and continued in such a way that there shall be no other way of relief from suffering except by giving truthful information. 

Torture is advantageous because of the speed with which it is possible with relative ease to compel persons of weak will to give truthful testimony, but there is the danger that, in order to relieve himself from suffering, or in order to please the interrogator, the person interrogated will, on the contrary, distort the truth. 

In the case of persons of strong will, torture may strengthen their will to resist and leave ill-feeling against the empire after the interrogation. 

64. In relation to persons of weak will, torture is usually applied in those cases when the person interrogated does not speak the truth in the face of evidence, but there is full reason to suppose that this person will speak frankly if torture is applied. 

65. It is necessary to bear in mind that the methods of torture must be such as can be easily applied, as will sustain suffering without rousing feelings of pity, and as will not leave either wounds or scars. However, in those cases when it is necessary to create apprehension of death, the harm caused the person interrogated can be ignored, but this must be done in such a way as not to make it impossible to continue the interrogation. 

The following examples of torture may be given: 

1. Compelling the person to sit up straight and motionless. 

2. Putting pencils between the fingers not far from their bases and tying the tops of the fingers with string and moving them. 

3. Putting the person interrogated on his back (it is advisable to raise the feet a little) and dripping water into the nose and mouth simultaneously. 

4. Putting the interrogated person on his side and stamping on his ankle. 

5. Compelling the interrogated person to stand under a shelf that is too low to enable him to stand straight. 

66. In a case when a wound is accidentally inflicted on the person interrogated, it is necessary, taking into account the general situation and the interests of our country, to take resolute measures, taking full responsibility for same. 

67. On receiving testimony as a result of applying torture, it must be ascertained whether this testimony is the result of a desire to avoid further suffering and to please the interrogator; in such cases, some corroboration of the truth of the testimony is necessary. 

Page 126 

68. After the application of torture, it is necessary to convince the person who had undergone torture that the torture applied to him was quite a natural measure, or to take such measures as will induce him out of a sense of pride, sense of honor, etc, not to speak of it afterwards. In the case of persons from whom this cannot be expected, measures must be taken as in the case of those upon whom accidental wounds have been inflicted. 

69. Nobody must know about the application of torture except the persons concerned with this. Under no circumstances must other prisoners know about it. It is very important to take measures to prevent shrieks from being heard.* 

Translated by Senior Interpreter, Master of Historical Sciences
Signed: (PODPALOVA) 

*The rest is omitted. – Trans.