Statement of Senator Orrin G. Hatch
Senate Judiciary Committee
Hearing on Former U.S. World War II POWs
I am pleased today to welcome a distinguished group of witnesses to enlighten the Committee on a very important issue, namely, the struggle for compensation of American POWs once held and forced into labor for private Japanese companies.
On April 9, 1942, Allied forces in the Philippines surrendered Bataan to the Japanese. Ten to twelve thousand American soldiers were forced to march some 60 miles in broiling heat in a deadly trek known as the Bataan Death March. Following a lengthy internment under horrific conditions, thousands of POWs were shipped to Japan in the holds of freighters known as "Hell Ships." Once in Japan, many of these POWs were forced into slave labor for private Japanese steel mills and other private companies until the end of the war. During the war, over 27,465 Americans were captured and interned by the Japanese - only 16,000 made it home .
Let me say at the outset, that this is not a dispute with the Japanese people and these are not claims against the Japanese government. Rather, this is a hearing, the purpose of which is to determine whether those who profited from the slave labor of American POWs have an obligation to remedy their wrongs and whether the United States can help facilitate a resolution.
Let me also say to the veterans who are here today, on behalf of this Committee, the Congress, and the American people - Thank you. As has often been expressed, POWs experience a wide range of emotions concerning their captivity. I am here to tell you today that you are all heroes. You are heroes for your bravery on the battlefields and in the prison camps. Heroes for the innumerable displays of compassion and love for your fellow man. Heroes for your perseverance through circumstances most of us can barely imagine. You are living testaments to the indomitable human spirit that is the fabric of this great nation, the United States of America. Everyone here living in freedom owes you a tremendous debt of gratitude.
Unfortunately, global political and security needs of the time often overshadowed your legitimate claims for justice - and you were once again asked to sacrifice for your country. Following the end of the war, for example, our government allegedly instructed many of the POWs held by Japan not to discuss their experiences and treatment. Some were even asked to sign non-disclosure agreements. Consequently, many Americans remain unaware of the atrocities that took place and the suffering our POWs endured.
Through the years various efforts have been made to offer some compensation for POWs held in Japan. Under the War Claims Act, our government has made meager payments of a dollar a day for missed meals and $1.50 per day for lost wages. Clearly this is inadequate.
Following the passage of a California statute extending the statute of limitations for World War II claims until 2010 and the recent litigation involving victims of Holocaust, a new effort is underway by the former POWs in Japan to seek compensation from the private companies which profited from their labor. One issue for the Committee to examine is whether the POWs held in Japan are receiving an appropriate level of advocacy from the US government. In the Holocaust litigation, the US played a facilitating role in discussions between the German companies and the victims. The Justice Department also declined to file a statement of interest in the litigation - even when requested by the court. The efforts of the Administration were entirely appropriate and the settlement was an invaluable step towards moving forward from the past.
Here, in contrast, there has been no effort by our government, through the State Department or otherwise, to open a dialogue between the Japanese and the former POWs. Moreover, in response to a request from the court, the Justice Department did, in fact, file a statement of interest which was very damaging to the claims of the POWs - stating in essence that their claims were barred by the 1951 Peace Treaty with Japan and the War Claims Act.
This contrasting treatment raises the legitimate questions of whether this Administration has a consistent policy governing whether and how to weigh-in during these World War II era cases? What, if any, are the criteria used to decide whether to intervene? Have those criteria been fairly applied in this case? From a moral perspective, the claims of those forced into labor by private German companies and private Japanese companies appear to be of similar merit, yet they have spurred different responses from the administration. Why? There may be legitimate reasons for the differences, but we must ask the questions.
The Statement of Interest filed by the Justice Department in the lawsuits against Japanese companies, also raises a number of questions because of its silence concerning a number of important treaty provisions and concepts of international law. The Committee has a duty to ensure the thoroughness of the work the Justice Department submits to the court and we will explore some of those issues today.
Our first panel of witnesses will address these questions to the administration. We are pleased to have representatives from the Justice and State Departments.
We are then fortunate to have the benefit of hearing from a number of POWs themselves who can tell us of their experiences and their struggles for recognition and compensation from the private companies that held them.
In the end, I hope we can elevate the discussion concerning where we go from here. Iím not sure agreement on this issue will be easy. What can the United States of America - the country these men sacrificed for - do to resolve this matter in a fair and appropriate manner? Here in the Senate, we are doing what we can. With the help of Senator Feinstein, we have moved through the Judiciary Committee Senate bill 1902, the Japanese Records Disclosure Act, which would set up a commission to declassify thousands of Japanese Imperial Army records held by the US government after appropriate screening for sensitive national security information and the like.
The Senate is also doing what it can to fulfill our governmentís responsibility to these men by including a provision in the DOD authorization bill which would pay a $20,000 gratuity to POWs from Bataan and Corregidor who were forced into labor. Such payment would be in addition to any other payments these veterans may receive under law - and thus would not compromise any of the claims asserted in the litigation against the Japanese companies.
Ultimately, I do not know where we will come out on the precise meaning of the Treaty. Regardless of how the technical legal issues are resolved - which the courts will determine ñ in light of the moral imperative and interests of simple fairness, we must ask ourselves - can Congress do more? Can the executive branch do more? I am open to ideas and hope that this hearing begins a dialogue to discuss what can be done in light of all the moral, legal, national security, and foreign policy interests which are at play.