Although Japan and the United States have concurred on Japan's jurisdiction over crimes committed by U.S. military personnel and others stationed in Japan, there exists a document implying that the two countries actually had concluded a secret pact under which Japan waives its jurisdiction over crimes with the exception of major incidents, Shoji Niihara, a researcher of international affairs, announced yesterday. The government has denied that there has been such a deal.

According to Niihara, the document was found at the U.S. National Archives. On Oct. 28, 1953, when the Japanese and U.S. governments negotiated to revise an administrative agreement preceding the Japan-U.S. Status of Forces Agreement (SOFA), which stipulates the status of U.S. forces stationed in Japan, the document was left in the form of keeping private records from the proceedings of an intergovernmental joint committee meeting, Niihara said. The records of discussions from the joint committee meeting are written in English, quoting a Japanese government representative as stating that Japan will not exercise its jurisdiction over incidents other than those considered "extremely important."

According to the Foreign Ministry and other sources, the former administrative agreement, which was concluded in 1952, allowed U.S. jurisdiction over all crimes committed by U.S. soldiers stationed in Japan. In 1953, however, Japan and the United States negotiated to revise the administrative agreement and concurred on transferring jurisdiction to Japan over off-duty crimes.

In addition, Niihara has also obtained documentation of records filed by the American Embassy in Japan under the date of Aug. 25, 1953. The records, according to Niihara, specify that the United States proposed leaving the bilateral concurrence on Japan's waiver of jurisdiction in such forms as exchanging notes but Japan sought to take the form of secret records. A U.S. Army report, entitled "Statistics on the Exercise of Criminal Jurisdiction on U.S. Military Personnel," describes that Japan waived its jurisdiction over an annual total of 2,300-4,600 cases or 89% to 97% among crimes committed by U.S. military personnel between 1954 and 1963.

No Secret Deal: Kawamura

Concerning the revelation of a document that shows the existence of a secret deal between the Japanese and U.S. governments, Chief Cabinet Secretary Kawamura told the press yesterday: "There's no difference between judgments over whether or not to indict [suspects] among incidents caused by Japanese nationals and those caused by U.S. military personnel. The rate of indictments last year also shows that the rate for U.S. military personnel is higher. There's no secret deal—this is evident from the outcome, I think." Meanwhile, the Foreign Ministry commented: "It's not true that Japan made a secret agreement with the United States to waive jurisdiction in certain cases."

Asahi Newspaper, Page 34, October 24, 2008