Paper short abstract:

This paper examines the process of imposing punishment on Jules Brunet, a member of the French military mission to Japan. It explores how the Meiji government understood foreign consuls' jurisdiction in international law in the mid-19th century and the importance of transnational military networks.

Paper long abstract:

This paper focuses on Jules Brunet, military officer, in the transnational military networks and in the field of early modern international law. As a vice-captain of the first French military mission to Japan, Brunet reached Yokohama on January 1867, about one year before the Boshin Civil War broke out. After being fired by the Tokugawa regime as an official foreign military teacher, he participated in the army of ENOMOTO Takeaki. It was during the time when France was to observe strict neutrality along with other Western countries. According to international law in the mid-19th century, any-one who committed any violation of the Law of Nations relating to neutral rights, was liable to penalties and forfeited all claims to the protection of his government, as well as the rights and privileges granted by the treaty.

Brunet, getting on a French battleship, escaped from Hakodate just before the beginning of an all-out attack on Goryo-kaku by the new government army. He was sentenced to the penalty "non-activity" at the French army's meeting in Paris. Japanese officials of foreign affairs negotiated with the French Minister again and again because they considered this punishment was very mild, compared to the sentence the French Minister had demanded of Japan over the Kobe and the Sakai incidents. They also claimed heavy compensation for the Japanese military damage and many casualties at the series of Hakodate battles, getting information about the Alabama Claims in 1869.

On September 1870, Japan and France reached agreement by Japan formally admitting the "non-activity" penalty. As a matter of fact, though, Brunet had already backed regular service, participated in the Franco-Prussian War, and been taken prisoner at the battle of Metz in August 1870. When freed, he fought with the Paris Commune and got in touch with SAMESHIMA Naonobu, the first Japanese ambassador, on the subject of the second French military mission in January 1872.

Brunet's military experience taught the new Japan the concepts of international law, particularly the practical meaning of foreign consuls' jurisdiction and the importance of transnational military network.