Paper short abstract:

This paper aims to contribute to the understanding of Japanese military practice in regard to the pacification of civilians by examining the judicial powers of the kenpeitai in occupied China.

Paper long abstract:

In the opening months of war with China in 1937, Japanese forces imposed martial law (gunritsu), enforced by the kenpeitai, and created field military commissions (gunritsu kaigi) to punish civilians who violated its provisions in all occupied areas. This justice system was an important instrument of military power which played a significant role in the maintenance of public order through both the control and pacification of civilian populations during the Asia-Pacific War (1937-1945). This paper examines one vital component of this system. Namely, the infamous kenpeitai who, in their capacity as a gendarmerie, were the first point of contact and an important intermediary between civilians and the military justice system in occupied territories. Entrusted with both law enforcement duties and judicial powers, the role of the kenpeitai in the pacification of civilians was extremely important. In fact, according to the Field Kenpei Handbook (Yasen Kenpei Hikkei), their authority in the maintenance of public order was vast and, both in name and reality, these officers wielded power over life and death. While analysis of this role can offer crucial insights into Japanese military policy and practice as it pertained to the handling of civilians under wartime occupation, it has largely been overlooked in existing studies which have tended to focus more on describing the war crimes committed by this unit or on detailing the repressive policing practices adopted in Japan and its colonies. Using official documents, including regulations, orders and instructions issued by senior commanders, as well as handbooks, reference collections and training manuals, complemented where possible by kenpeitai memoirs and collective accounts, this paper gives a detailed overview of this unit’s judicial functions as related to the control and pacification of civilians in occupied areas of China between 1937 and 1945. By exploring a relatively overlooked facet of the kenpeitai’s duties in occupied China, this paper aims to provide critical contextualisation of this unit’s infamous wartime conduct and, thereby, contribute to a more nuanced understanding of their role in the (mis)treatment of civilians during the Asia-Pacific War.