Defendant: Ishige, Michiharu, 1st Lieutenant, Branch Prisoner of War
Camp Commander, P.O.W. Camp No. 5, Kawasaki, Japan
Docket No./ Date: 27/April 11 - 24, 1946, Yokohama, Japan
Charge: 1. Committed cruel and brutal atrocities against Allied POWs
2.failed to discharge his duties as camp commandant to control members
of his command, permitting them to commit crual and brutal atrocities
and other offenses against POWs
Specifications:
Verdict: 25 years confinement at hard labor/Sentence Upheld
Reviewing Authority's Recommendations: 1. Based on Ishige's immediate
superior's testimony, all that is needed to show superior responsibility
is that the acts took place in the camp (strict liability). But, the reviewer
finds that "enough offenses were proved to establish constructive
notice to Ishige." Furthermore, as an officer, it does not matter
whether the crimes were of omission or commission. He also did nothing
to enforce his order - "it is a basic military principle that an
officer...should not give an order the enforcement of which he cannot
insure. 2. Reviewer states that the defense amounts to mere a denial of
all charges. 3. Reviewer and those above believed sentences to be too
light. Paul E. Spurlock, Reviewer, Judge Advocate Section 1. Gave warnings
to the guards not to punish prisoners. Told guards to treat prisoners
kindly. 2. Made announcement to the company that prisoners were not to
be mistreated. 3. Only several instances of beating was reported to him.
4. Certain POWs were punished but not struck for offenses committed. As
to Spec. 1, it is an interesting issue brought up. The accused stated
that he "could no nothing because the prisoner had been transferred
to Nippon Steel Mill" when it was asked that a POW named McEwen be
given medical treatment. Spec. 3f and Spec. 7 for Kondo involve incidents
at the Nippon Kokan Steel Company. Kondo is said to be one of the beaters.
Is this why the accused is deemed responsible?
Reviewing Authority: G. R. Dougherty, Major, A.C., Acting Asst. Staff
Judge Advocate
Prosecution Arguments:
Defense Arguments: 1. Superior Orders 2. False identification 3. Denied
abuse and mistreatment of POWs.
Judge Advocate's Recommendations:
