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Materials on the Trial of Former Servicemen of the Japanese Army Charged with Manufacturing and Employing Bacteriological Weapons, 1950

This book documents the legal proceedings of the December 1949 Khabarovsk trial in which twelve members of the Japanese Army's covert biological warfare Unit 731 were prosecuted for their war crimes. The trial sought to hold key leaders in Japan's bio-weapons program accountable for atrocities after WWII.

Paul K. Von Bergen Papers, 1946-1949

This collection contains over 2,000 pages of research and case files compiled by chief prosecutor Paul K. von Bergen for Class B and C war crimes trials held in Yokohama, Japan from 1946-1949, focusing on the mistreatment and unlawful execution of American POWs by lower-ranking military and civilian personnel. Operating under U.S. authority concurrent to the IMTFE in Tokyo, the materials include typed notes, accused statements, witness testimony, diagrams, and photographs related to the abuse and killing of prisoners in Fukuoka by personnel at Western Army Headquarters and Kyushu Imperial University medical school.
Collections

Paul K. Von Bergen Papers, 1946-1949

About

The Von Bergen Papers

This collection contains approximately 2,000 pages of typed notes and preparatory materials that Paul K. von Bergen compiled as chief prosecutor for several cases at the Yokohama War Crimes Trials (1946-1949). Concurrent to the larger International Military Tribunal for the Far East in Tokyo, the Yokohama Trials operated under U.S., rather than international, authority and focused on lower-level military personnel and civilians accused of Class "B" and "C" war crimes (conventional war crimes and crimes against humanity). The documents in this collection represent von Bergen’s research as chief prosecutor for U.S. v. Kajuro Aihara et al., U.S. v. Kiyoharu Tomomori et al., and a few other cases related to the mistreatment of American Prisoners of War in the Japanese city of Fukuoka. The cases revolved around the extra-judicial execution of POWs at Japan's Western Army Headquarters and medical experiments conducted at the nearby Kyushu Imperial University. Owing to the size of these cases (Aihara et al. had 30 defendants, Tomomori et al. 25), and the nature of the crimes, they received considerable attention from the U.S. press at the time.

The collection was donated to the UVA Law Library by von Bergen's sons Paul and Mark A. von Bergen in 2016 and consists of 2 archival boxes and one carton (2 linear ft.). The papers were transferred from eight original binders (labeled A-G, I, J-Ko, Ku-Miz, Mo-Nu, O-Sa, Se-Tan, U-Z) to 22 folders preserving the original alphabetical organization. The documents consist of von Bergen's research and notes, including: full and excerpted segments of accused and witness statements, short biographies of the accused, petitions to the SCAP Legal Section for the apprehension of suspected war criminals, diagrams, sketches, and captioned photographs of the locations of the incidents, and other notes. Pages are typewritten with occasional handwritten marginalia and corrections.

Biography

Paul Von Bergen

Paul K. von Bergen was born in Niles, Ohio in 1915. After receiving his A.B. at the University of Michigan in 1937 he went on to earn an LL.B. at the University of Virginia in 1940. Upon graduation he moved to Michigan, he entered general practice and served in state and federal courts before joining the army in 1943. After initially working on court-martial cases he began prosecuting Japanese war criminals as a U.S. military lawyer from October 1945 until his discharge in July 1946. He continued working for the military as a civilian lawyer, serving as chief prosecutor for the above-mentioned cases at the Yokohama War Crimes Trials. He remained in the government's employ until July 1949, when he returned to the U.S. and resumed general practice in Michigan. He passed away in 1990.

View the Materials

With over 2,000 pages of materials related to war crimes trials prosecuted in Yokohama after WWII, this collection centers on cases concerning the mistreatment of American POWs by Japanese military. Keyword search enables looking up specifics within the typewritten notes and documents. An alphabetical organization system allows browsing content by defendant surnames and subjects to uncover contextual relationships. Focused case examples combined with flexible access through search and browsing provide multiple pathways to explore these rich archives.

Confronting War Crimes

Use of these materials

This collection contains primary historical documents regarding war crimes and the treatment of prisoners of war. Users should be advised that these records graphically depict acts of violence, cruelty, torture and other behaviors that may profoundly upset some readers. This collection  presents such difficult material in its full and unabridged form so as to accurately and responsibly illuminate aspects of the war criminality. Consequently, user discretion is strongly advised due to the graphic nature of certain accounts and descriptions which some may find emotionally challenging or disturbing to witness. Researchers, educators and interested members of the public are asked to carefully consider personal tolerances and needs for emotional preparation or aftercare when accessing portions of this archive. The curatorial intent is to inform and promote transparent scholarship. We invite users requiring assistance to please contact Law Special Collections for guidance regarding specific documents or to discuss optimal approaches to interpreting and processing this content.

David Nelson Sutton Papers, 1919-1965

David Nelson Sutton served as associate counsel to the International Prosecution Section (IPS) of the IMTFE. This collection contains briefs, correspondence, affidavits, photographs, newspaper clippings, and other court documents relevant to Sutton’s IPS service and the IMTFE. Sutton's papers include documents from his travels through China in 1946 to investigate the Nanking Massacre.

C. W. J. Phelps War Crimes and the "Tojo Trial" Scrapbook Collection

Calhoun W. J. Phelps served as the assistant chief of the documents division for the International Prosecution Section (IPS) of the IMFTE. This collection, bound in two scrapbooks, consists of official IPS documents, newspaper clippings regarding the trial, photographs and ephemera collected by Phelps during his tenure on the IPS team, and documents on the formation and structure of the trial teams and the tribunal itself.

George Carrington Williams Papers and Official Records from the IMTFE, 1945-1948

The George Carrington Williams Papers document his work on the International Defense Section (IDS) of the IMTFE from 1945 to 1948. A 1942 graduate of the University of Virginia School of Law, Williams was assigned to the defense of Naoki Hoshino, who was the chief civilian official in the Japanese government for Manchuria. Hoshino also served as President of the Planning Board from 1940-1941 and Chief Cabinet Secretary from 1941-1944.

Papers of Roy L. Morgan, 1941-1966

International Military Tribunal for the Far East: This collection contains prosecution documents, investigative reports, trial records, and newspapers related to John H. Morgan's role as Chief Interrogator preparing cases against Japanese leaders tried for war crimes in the International Military Tribunal for the Far East. The Greenbrier Hotel Mission: These papers document Morgan's work as an FBI agent overseeing the confinement of Axis diplomats from North and South America detained at resorts in West Virginia and Virginia in exchange for American prisoners abroad during World War II.
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