Statements and Biographic Information Concerning Ito

ITO, Shoshin (Major General in charge of Legal Section.)

Statement of Ito (420 - 6 Jan).

55 years of age.

Graduate of Kyoto Imperial University Law School.

Entire background civilian.

On graduation was attached to Army from 1921.

He was Chief, Legal Section of 13th Army (China)— In September 1939,where he appointed 1st Lieutenant Wako as judge in the Nanking trial of the Doolittle airmen, in which all seven were given the death penalty, but five were reprieved by Hirohito.

Ito is familiar with International Law and rules of land warfare.

In March 1944 he became Chief, Legal Section, Western Army in Fukuoka City.

Lt. General Isamu Yokoyama was Commanding General of Western Army from January to September 1945.

The duties of Ito were:

1. To give legal advice to Commanding General and various unit commanders mainly concerned with;

a. Procurement of property and supplies from civilians.

b. Court martials of Japanese soldiers,

c. Crime prevention measures.

d. Investigation and indictment of suspected criminals.

2. Ito had nothing to do with Prisoners of War. There was a staff officer, one, Lt. Colonel Katsuya Yakamaru, who was in charge of all matters relating to Prisoners of War. It was Yakamaru's duty to super­vise all Western Army Prisoner of War camps as to:

a. Treatment of Prisoners of War.

b. Use as laborers.

c. Housing, feeding and health of the Prisoners of War.

3. The Legal Section was not responsible for advice to Yakamaru for treatment of Prisoners of War. Any orders concerning Prisoners of War were received through Legal Section from higher echelons.

4. The PWIB (under Lt. Gen. Tamura) (at end of war) issued directives as to Prisoners of War. These orders were received by the Adjutant Section, under Lt. Colonel JIN, and then referred to Yakamaru, who would have them stamped by the Chief of Staff, and, if important, were then taken to the Commanding General. All such orders received were seen by the Commanding General or Chief of Staff.

5. The Legal Section was not responsible for familiarizing personnel regarding Prisoners of War treatment

6. Ito, in China, did study International Law, including treat­ment of Prisoners of War. However, all the officers there seemed to know about rules of land warfare, etc. No one came to Ito for information.

Major Kusumoto was in charge of Prisoners of War at Western Army Hqs. as far as quarters, feeding and guarding were concerned.

As to captured airmen, the kempetai made investigation as to whether violation of International Law. If so, records were sent to Military Commission, appointed by the Commanding General, and the Legal Section was responsible for prosecution.

Ito appointed judge for the trial Board from Legal Section, and the judge in turn selected two members, one a major or above, the other a Captain, or below. There were ten or more Officers in the 'pool' for such purpose. Ito did request certain persons to sit on the trial board. While the Commanding General selected the judge officially, actually Ito selected him.

“Measures Concerning Plane Crash Survivors” - was the Bible as to treatment of airmen (issued June 1942).

Section 1 - deals with procedure of captured airmen and states that oh capture, Kempetai or Staff Intelligence Officer could conduct investigation and if flyer suspected of violating International Law, tried by Military Commission and, if not, he would be treated as a Prisoner of War.

Section 2 - states that if the flyer Is suspected of violating International Law he should be tried under Japanese Army Wartime Laws for Military Commission, as published in 1922. There would be three judges. No defense would be permitted and no sentence appealed. Trials closed to all but those directly concerned.

Section 3 - dealt with an attached table of maximum punishments.

There was no provision for review of investigation report. If there was suspicion of violation of International Law, the case was forwarded to the Legal Section where it was reinvestigated and re­viewed by the Chief of the Legal Section, and if violations were found, charges preferred after order by the Commanding General. The Legal Section would be responsible for trying the accused, while preliminary investigation was by Kempetai staff intelligence officer. The flyer would be classified as an "enemy plane crash survivor” until the investigation, the Adjutant Section taking care of such survivors as to food, shelter, clothing, etc. The accused was tried by a Military Commission. The judge being appointed by the Chief of the Legal Section, who appointed the other two. It was the duty of the prosecutor from the Legal Section to see it was a fair trial, and the duty of the judge to see that there was presented accurate evidence.

A punishment of death would be given if it were found that the accused bombed non-military or civilian installations, or if he bombed or staffed non-military personnel. The sentences could be changed by the Commanding General or higher.

In July 1942 there was a supplemental directive from the General Staff ordering trial records forwarded to Tokyo on the passing of sentence.

In October 1942, there was a supplementary order that all death sentences were to be reported to General Sugiyama, Chief of Staff, of General Staff Hqs. The sentences were top secret and were only to be cleared by the Propaganda Bureau of the Imperial Staff Hqs, and execution reported immediately.

Sato. Staff Officer in charge of Intelligence Section.

Lt. Murata. In charge of investigations for Legal Section.

Yokovama. Commanding General, Western Army, from January to September or October, 1945.

' Lt. General Yoshinaka. Chief of Staff until April or May 1945,

at Western Army.

Lt. General Inada. Chief of Staff of Western Army, succeeding Yoshinaka, until 30 November 1945.

Colonel Hiroshi Akita, finxnral Senior Staff Officer from March until 30 November 1945.

Lt. General Kazuo Isa. Acting Commander, We stern Army Hqs., from the middle of June 1945. When Yokoyama and members of his staff moved to Yamaie with the 16th Army, 25 June, he had no power to issue orders as Commanding General of Western Army, but only as Commanding Officer of Fukuoka Area. He held this position until about 20 August 1945.

Colonel Kiyohara Tomomori. In May or June Tomomori was one of two Assistant Chiefs of Staff; before that he was connected with the Tokyo Kempetai for duty of demobilizing reserves.

Lt. Col. Tokuji Enatsu. From January or February 1945, at Western Army Hqs. He was a member of the Fukuoka Kempetai, attached to Western Army for intelligence work until 30 November 1945.

Ito's duties at Western Army Hqs. from March 1944:

1. Legal adviser to Commanding General and lower Commanding Officers.

2. Investigation of accused and supervising courts martial.

3. Outlining a crime prevention program for Western Army.

After March 1945 (Okinawa) Ito felt the war was lost.

Sato, as staff officer in charge of Intelligence Section con­ducted investigation of flyers as to date, place of crash, type of plane and number of survivors. The flyers were imprisoned in the Western Army Hqs. compound, Fukuoka. Such an investigation did not include the possibility of violation of International Law.

Ito would know of flyers when brought to Fukuoka, but not through official channels. The prisoner would then be sent to Tokyo and responsibility of Western Army would cease.

Sato's section would first make investigation, then Kempetai and then referred to Legal Section for trial. If the Military Commission did not function "legally” , the Legal Section could complain. The prosecutor, under the Commanding General, would supervise functioning of Military Commission.

In January or February 1945, transportation to Tokyo became difficult and so the airmen were not sent up. The basis of trying airmen was as follows? If civilians were killed in a target area the plane survivors were treated as Prisoners of War. But if the civilians were not killed in a target area, the flyers would be tried.

The Kempetai did not function within the Western Army, but re­ceived orders from Tokyo. The Commanding General, Western Army, did have power, Ito believes, to issue the Kempetai orders only as to enforcement of military law .

There was a Kempetai Liaison officer within Western Army Hqs, Major Enatsu,and when a crime was committed the Legal Section requested investigation by the Kempetai.

After such a report had been reviewed by the Legal Section there was a reinvestigation by the Military Commission and the Kempetai .had power to punish criminals.

In April or May 1945, there was confusion as to procedure. Ito believes that Sato, in about May, received an order from PWIB that appropriate measures should be taken locally, which was reported to Yokoyama. Ito interpreted this to mean investigation and trial. Sato thought this meant prisoners were to be killed. There was disagree­ment between two others. Ito did not see the orders. General Yokoyama, according to Sato, interpreted the order to mean “kill the prisoners”. Enatsu told Ito, when the order was received, the high staff officers interpreted it to mean that the prisoners were to be killed. Sato told Ito that he had discussed the order with Yokoyama, but that "they” would interpret the order as Ito did. While there was no trial, the Prosecution prepared four cases for trial.

There were 11 Prisoners investigated by the Kempetai and four of them were suspected of violating the International Law. Four were turned over to Lt. Murata for investigation. Ito wrote a review and sent it to Lt. General Kiichi Fuji, Chief of the War Dept., Legal Section, between 1-10 June 1945. He received no answer and had Murata send a telegram on 14 June under Ito* s name, but received no answer send there was no trial.

Ito “heard rumor" from a subordinate in the Legal Section, about two or three days after the war was over, that airmen were sent to the KIU autopsy section prior to the 20 June execution. This rumor was given by either Wako or Murata, who believes these prisoners were killed.

The Kempetai Investigation and the Legal Section Investigation disclosed these four men investigated were guilty of indiscriminate bombing by their own admission, but no reports substantiated what they had bombed or who they had killed, so the Chief of the Legal Section opinion was asked as to what should be done. According to Murata they bombed the Tokyo Metropolitan Area. But Ito and Murata were not sure whether or not additional evidence was needed on the four executed within the Western Army compound by beheading.

Ito witnessed the decaptitation of the last three men but he did not attempt to protest. These victims were given no trial, despite Japanese International Law. Ito could have ordered the execution stopped, but doubted the order would be obeyed since the Lieutenant executioneer was in a “mental rage".

Ito heard the executioneer lad asked permission to do the job which was evidently granted by Sato who directed the execution (but outranked by Ito), although Sato was not under Ito's command.

The execution was not carried out in a military manner, but like a “mob". Murata or Wako told Ito that Toji had asked permission to parti­cipate, which permission was granted by Sato.

During Ito's regime at Western Army, there were SO or 30 Japanese court martialed for disobedience of orders and because of bad discipline; the maximum punishment therefor being one year.

After 1500 on SO June 1945, Ito returned to the office, after having left it at 0800, at which time he saw Captain Wako who was in a hurry. A guard told Ito "everyone" was observing execution of Americans. Yokoyama never asked Ito^ opinion regarding the executions, or anyone else, and Ito was entirely ignorant of it.

The executions were In the rear pf the Hqs. compound. Sato, Murata, and Wako were there. He doesn*t remember what Wako did at the time, but afterwards heard that Wako beheaded some of the flyers that day. He heard that Sato told Wako to be at the execution; Murata just went along. While Ito had said an officer from one section could not give orders to an officer in another section, he here states that Sato did do so. He heard from Wako or Murata that Lt. General Yokoyama gave permission for the execution; this tantamount to an order, and that this was told to Ito 5 or 10 minutes after the execution. Wako and Murata further told Ito that the Staff Section was in charge of the execution, with Sato as its head. The Staff Section was composed of Inada, Fukushima, Tomomori, Akita, Sato and Yakamaru, plus about 30 others.

8 Or 9 prisoners were executed, including the four men to be tried. Wako or Murata told Ito that the Staff Section intended to report to Tokyo that these Prisoners of War had been killed in a fire during the 19 June air raid. Ito saw a copy of this report, composed by Sato under the Commanding General's name. Inada, Akita, Fukushima, Yakamaru and Yokoyama would have seen the report. Ito sent a copy to the War Department, Legal Section knowing it was false. Sato told Murata that the Staff Section was sending the report to PWIB under the name of the Commanding General, and that the Legal Section should send the report to the Tokyo Legal Section stating four men to be tried were on the list. Lt. General Yokoyama ordered Sato to send in the report through Sato who gave the order. Ito sent in the report about January 1945. The list contained 16 names. Murata said, that the Staff Section had killed about 6 or 7 prisoners prior and that this had been kept secret. After the war Murata told Ito that he had heard a rumor that 6 or 7 prisoners of war were sent to Kyushu University Hospital.

On the evening of 20 June Ito talked to Yokoyama who stated the fact it was a false report. Yokoyama said "all right”. Lt. General Isa was also there and said "all right”. Ito told Isa-about the execution, Isa suggesting he didn't know about it, and he commented “is that so”? Yokoyama had already known of the execution - the meeting in Yokoyama's room lasted about a minute.

After the war Ito heard about another execution in early August, the prisoners were taken from Western Army Hqs and executed at Aburayama. He also heard at that time that there was a third execution near the end of the war.

Ito says there was no mistake that Sato carried out the "execution", and then states "he believes" this because Sato was in charge of the sur­vivors. He heard from Murata that after the war Tomomori, Fukushima and Sato were very excited over the remains of the 16 prisoners of war reported killed in the 19 June bombing. Sato was in charge of the plane crash sur­vivors and Assistant in charge of the Prisoners of War tinder Lt. G̶e̶n̶e̶r̶ Colonel Yakamaru (*). The Commanding General, Chief of Staff and Asst. Chief of Staff knew the exact number of prisoners. Sato had to file a report to his superiors of disposition.

Fukushima, after the war, told Sato that aside from the 16 Prisoners of War reported killed during the air raid, 9 or 10 were sent to Hiroshima, in late July, and killed by the atomic bomb. He also stated that the remainder were turned over to a member of a special attack group of Jap Air Force, who came from Tokyo after the Prisoners. Fukushima said they were going to report that to Tokyo to cover up the execution of these men. He further said they were trying to cover up the atrocities of the Western Army. Inada stated that the atomic bomb phase might not be accepted, but that he objected to the part about turning over the prisoners to a member of the Special Attack Corps. Because Sato, Fukushima, Inada and possibly Akita agreed on the story that some of the prisoners were killed by the atomic bomb, Sato went to the Second Central Army Hqs in Hiroshima and told them the story. Inada later/sent Fukushima there for the same purpose. As to the other phase, Inada and possibly Akita disagreed.with Fukushima and Sato. Finally, it was decided to say that the prisoners were "unavoidably killed". Ito was told by Inada to write a report that the men were killed unavoidably at Western Army Hqs, which Ito never wrote because of difference of opinion of Fukushima, Sato, Tomomori and Inada, (if he had it would have been written under the Commanding General's name - Yakamaru would make reports of killings of Prisoners of War since he was in charge of the prisoners).

* * * * *

A Japanese Court Martial has jurisdiction over crimes by Japanese civilians or soldiers. A Military Commission is set up solely to try plane crash survivors for violations of International Law.

* * * * *

Ito then says that the Commanding General could kill American flyers under the Supreme Chief of Staff, but not according to Military Law - but under the power to carry out tactical strategy under his responsibility by General Order of the Japanese Constitution of 40 or 50 years ago giving the Emperor Supreme Command, who in turn passes it to the Supreme Chief of Staff, then to Commanding Generals. This is not specifically stated, but implied. Ito then states that while Japan was not a signatory to the Geneva International Rules of land Warfare,«he decided to follow them.

After the war Murata or Wako told Ito that Sato went to the War Dept, of Tokyo and brought back the report stating that 16 prisoners were killed in the Fukuoka air raid and made a new report that 16 prisoners were sent to Hiroshima and killed by the atom bomb. Then Sato went to the Second

(*) Check this.

Central Army Hq in Hiroshima to tell them of the new report. Sato was told that 16 was too many to accept and they compromised on 9 or 10. Later Inada sent Fukushima to Hiroshima to make the agreement definite. After that Fukushima was to make a report stating that the remaining prisoners were sent to Tokyo by air in a plane piloted by a member of the Special Attack Corps. Inada disagreed with the story and wanted to report that the remaining prisoners of war were killed in two or three valid executions.

In December 1945, Ito was relieved by Colonel Oki as Chief of the Legal Section, at which time Inada and Oki then conferred; Oki wrote a false investigation report, sent it to the CIC by Inada and Mishihara. Ito heard it was also sent to the Tokyo War Department. Lt. General Suzuki, a Legal Officer, was sent by the Demobilization to investigate. Suzuki contacted Ito as to the 20 June 1945 execution.

(Ito claims that he will submit paper on the relationship of the Commanding General and the Military Commission).

(Wako and Murata, after the first execution, told Ito that the Commanding General gave permission for him).

Statement of Murata - 6 January 1947 (420).

Ito, Chief of the Legal Section, Western Army, from about 1944, was appointed investigation officer after preliminary investigation of Kempetai - a violation of Military Law. Ito appointed an officer from the Legal Section as Trial Chief.

Ito wanted the War Department Legal Section's opinion as to the trials of' four flyers, as against the recommendation of Murata for trial, but no answer came from the War Department. Wako told Murata before the 22 June execution that Ito did not know of it. Murata searched for Ito until 1440 (first heard of execution at 1400) then went to the execution grounds).

The Staff Section, on the advise of the accused (Ito) took care of the four flyers. Such prisoners were seldom imprisoned in the detention barracks since they were not official prisoners. The Staff Section retained the responsibility of these prisoners at the request of the Adjutant Section since they were difficult to guard.

Before going to the scene of the 20 June execution, Murata went back and told Ito of the execution. Ito asked if the Commanding General knew of it and Murata said "yes”. Murata then went to the scene of the execution alone later.

Later in a statement, Murata states he told Ito Wako had the Commanding General's approval after the execution.

Murata didn't notice Ito at the 20 June execution until after Toji executed his first prisoner (Toji executed the last four).

After the execution Ito asked Wako if there was any mistake as to the approval of the Commanding General. Wako said "no". Ito then asked if the four prisoners up for trial were e ecuted. Wako said "they were”.. Ito then said they would have to send a report of the trial to the War Department Legal Section and requested that the Legal Section get a copy of the false report so that it could be sent to the War Department Legal Section. Ito then said he would report the execution to the Commanding Greneral and a report was obtained and sent to the War Department Legal Section with Ito's Legal Section report which he attached to the Sato report.

Murata heard Sato tell Ito, Fukushima and Tomomori that he had at Tokyo recovered the War Department report that 16 prisoners were killed in an air raid about 20 August.

On 8 September Ito told Murata to say that after transportation became difficult the flyers were sent to Hiroshima and killed by the atomic bomb and that prior prisoners had been sent to Tokyo.

In October, Murata ordered to report to Ito, who told him to change the story, that only 7 or 8 prisoners were killed by the atom bomb and that the remaining were sent to Tokyo in special planes of the Special Attack Corps.

Statement of Itezona - 6 January 1947 (420)

Ito was at the 16 August conference of the Western Army relating to the execution.

Suzuki Report - 26 April 1947 (420)

Ito, of the Army Judicial Department of Western Army, arrived at his post 20 June just before the first execution was completed and he had no prior connection. About the middle of May, in answer to Sato's inquiry as to whether it was okay to dispose of the airmen without a trial, Ito said it was impossible and placed the four flyers under military tribunal.

Interrogation of Oki - May 1947

Oki relieved Ito on 17 December 1945 by order of Demobilization Authority. His duties were;

1. To investigate American flyer incidents; and

2. To try Japanese Prisoners.

He denies Ito's story as to his participation in false reports.

Statement of Ito - 6 Jan (420)

8 or 9 prisoners were executed, including the four men to be tried. Wako or Murata told Ito that the Staff Section intended to report to Tokyo that these Prisonerr had been killed in a fire during the 19 June air raid. Ito saw a copy of this report, composed by Sato under the Commanding Greneral's name. Inada, Akita, Fukushima, Yakamaru and Yokoyama would have seen the report. Ito sent a copy to the War Department, Legal Section knowing it was false. Sato told Murata that the Staff Section was sending the report to PWIB under the name of the Commanding General, and that the Legal Section should send the report to the Tokyo Legal Section stating four men to be tried were on the list. Lt. General Yokoyama ordered Sato to send in the report through Sato who gave the order. Ito sent in the report about 23 January 1945. The list contained 16 names. Murata said that the Staff Section had killed about 6 or 7 prisoners prior and that his had been kept secret.