U.S. Prisoners of War and Civilian American Citizens Captured and Interned by Japan in World War II: The Issue of Compensation by Japan

Publication Date: December 2002

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Military and defense

Type:

Coverage: Japan

Abstract:

Of the approximately 130,000 American prisoners of war (POWs) in World War II (WWII), 27,000 or more were held by Japan. Of the approximately 19,000 American civilian internees held in WWII, close to 14,000 were captured and interned by Japan. After the conclusion of WWII, Congress passed the War Claims Act of 1948, which created a War Claims Commission (WCC) to adjudicate claims and pay out small lump-sum compensation payments from a War Claims Fund consisting of seized Japanese, German, and other Axis assets. Payments to POWs held by either Germany or Japan were at the rate of $1 to $2.50 per day of imprisonment. The WCC also paid civilian internees of Japan $60 for each month of internment, and civilians were also eligible for compensation for disability or death. The War Claims Act of 1948 did not authorize compensation for civilian internees held by Germany.

Since payments were already being made to U.S. POWs out of Japanese assets via the War Claims Act, POWs of other Allied countries were given first claim on payments from Japanese assets situated in neutral countries or countries with which the Allied Powers were at war, as specified in the Multilateral Peace Treaty with Japan of 1951. In the decades since this initial compensation, POW and internee groups have tried several routes to obtain more compensation for their internment by Japan. Groups have tried and failed to get legislation passed, to have the U.S. Court of Claims hear their claims, to get Japan to pay reparations of about $20,000 to each legitimate claimant, or to have the United States compensate them.

In 1995 POW and civilian internee groups from several countries filed suits in the Japanese court system, seeking a net payment of $20,000 for each POW/internee. However, Japanese courts ruled out compensation, pointing to Article 14 of the Multilateral Peace Treaty, in which the United States waived any further claims by U.S. citizens against Japan. In late 1999, in a new tactic, POWs/internees who claim to have been used as forced laborers filed suit in California courts against several major Japanese companies seeking reparations: so far all suits have been dismissed. On June 28, 2000, the Senate Judiciary Committee held a hearing on POW survivors of the Bataan Death March and their claims against Japanese companies they allege used them as slave laborers. Although attempts to give POWs additional U.S. compensation failed in the 106th Congress, legislation was passed to find, declassify, and release any Japanese records that the United States might have relating to Japanese WWII war crimes. A sense of Congress resolution also passed that asked the Administration to facilitate discussions between POWs and Japanese companies over POW slave labor claims. In the 107th Congress, several pieces of legislation were introduced, including one to give a tax-free gratuity of $20,000 to Armed Forces personnel and civilian employees of the federal government who were forced to perform slave labor by Japan in WWII; none became law. As the number of living POWs and civilian internees dwindles, those that survive continue to press the issue. This report will be updated as events warrant.