What Is Criminal and What Is Not: Prosecuting Wartime Japanese Sex Crimes in the People's Republic of China

Abstract

AbstractThe Chinese Communist Party (CCP) prosecuted Japanese military servicemen for war crimes committed during and after the Sino-Japanese War. This paper examines written confessions left by those Japanese war crimes suspects and considers to what extent they were used by the CCP to prosecute sexual violence during the trials. The historical analysis is contextualized by an examination of the representation of the CCP's legal approach to sexual violence in articles from thePeople's Daily. This paper finds that although accounts of sexual violence are found in the confessions written by suspected Japanese war criminals, the courts did not make rape a focal point of the prosecutions and did not pursue the so-called “comfort women” issue. Furthermore, no victim of rape was called to testify before the court. The CCP's approach to the issue of sexual violence in the 1956 trials closely corresponded to the discourse and propaganda in thePeople's Daily.