News-Info-Alerts

To: ALL

From: Andi Wolos & Bob Necci

(POW-MIA InterNetwork)

Re: The Treaty of San Francisco

Date: November 16, 2000

New York Governor, George "PaTAXi" Pataki vetoed a slave labor bill that would have waived the statute of limitations for claims by Ex-POWs, slave laborers and their heirs against Japan. Read on -

"The measure would have waived the statute of limitations in New York State for filing suits for the World War II-era human rights abuses in labor camps. Pataki said that while the bill had a laudable goal, recent problems with similar measures in other states showed that the bill would not accomplish its intended purpose.

Pataki said the limitations of a "virtually identical" bill enacted in California last year became apparent after a group of slave and forced labor victims filed lawsuits under the new law against several Japanese companies and their American subsidiaries.

A federal court in September dismissed those lawsuits, ruling that the litigation was barred under terms of a 1951 treaty between the Allied Powers and Japan. The governor said postwar treaties barred similar lawsuits filed in New Jersey against German companies."

AII COMMENT: The 1951 San Francisco Treaty contains a clause which has not been addressed by all the judges and politicians ruling, out-of-hand, against former POWs and slave laborers. Article 26 states that: "Should Japan make a peace settlement with any state, granting greater advantage than those provided by the San Francisco Treaty, those same advantages shall be extended to the parties of the San Francisco Treaty."

With that said, it should be noted that Japan Treated with Burma in 1955 and with Switzerland shortly afterward. Burma was awarded greater advantages as far as reparations (greater than the 1951 Treaty) and Switzerland was provided with compensation for maltreatment, and personal injury and loss arising from illegal acts under the rules of war.

Former POWs, if committed to pursuing their claims against Japan, should consider invoking Article 26.