Evening star., 1947-03-09
Guide for
eterians
By Moi. Thomos IA. Mol


A question came in from AL G.,
veteran, who saw all he wanted Of
the Japanese during q 40-month
stretch In q Japanese prison camp.
That's rough duty in anybody's
book, and AIS tour was no exception.
He was lucky to come out alive.
Here's part of what he said in his
letter.
II always figured the Japs owed
me something for the unnecessary
going-over got at that prison
camp. Now I'm wondering If I can
file claim for damages.
This reason I ask is this. re-
ceived from a lawyer I'd never heard
of. He offered to act as my counsel
in lawsuit against the japanese
government.
Can you tell me If I have case?
II so, how would I go about suing q
foreign country?"
/, II I had to give Eyes" or "no"
answer to AIS first question I'd say
"no"-but add a quick maybe" It's
that kind of a question. Here's what
the State Department is telling
veterans who make similar inquiries.
When q civilian joins the armed
forces he becomes candidate for
death. He has potential date with
what are called the normal hazards
Of war" He may be shot at, wounded
and perhaps killed. Undergoing
cruel and inhuman punishment as a
prisoner Of war seems to be one Of
these normal hazards" cat any
rate no one I've talked to knows any
precedent for awarding damages to
servicemen and veterans who faced
that particular hazard)
That's not to say nothing's been
done about war crimes. What hap
pened at Nuernburg, Germany, is no
secret. Criminal action is still being
brought by the Allies against every
known war criminal. Written and
unwritten international laws pro-
vided for criminal action against
people who mistreat POWs. These
laws were laid down at the 1928
Geneva Convention.
But there's no procedure for
handling civil habilities-for claims
by individual POWs against the
foreign power which mistreated
them.
Which comes to AIS second ques-
ton, what to do If he does have
case. The answer Is, AL can't sue
the Japanese government. First,
because there is no legal peg on
which to hang his suit, and second
and this Is sort of interesting-be-
cause no government can be sued
without its permission.
So, assuming AL has a case, which
hasn't been proved, he's loaded with
a lawsuit with nothing to shoot
at. It's just possible the United
States Government could set up a
target. Congressman Van zandt OF
Pennsylvania introduced q bill some
time ago to set up q special COM
mission to settle claims like AIS.
If the bill should become law,
this commission would be empow-
cred to make cash amends to former
IPOWs who rate them.
The meat of this bill is.that "cruel
and inhuman punishment" does not
constitute normal hazard" of war,
but rather an abnormal hazard for
which damages are payable. ....
Maybe you're thinking, what about
the guys who. didn't come back
at all.
There's only one thing Al can do
today. He should write to the De-
partment of State, Legal Division,
Washington Is. D. c., and present
a claim. He should explain exactly
what happened to him, where it
happened, when and how. Then the
State Department will have his
claim on file if and when Congress
does take action.
Maj. Nial and his stat are
equipped to ens,oer any questions
from World War II Deteran.
Send your questions to him in
care OF this newspaper and in
close a sell addressed, stamped
enDeIODe