[轉載]遠東國際軍事法庭判決書

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http://www.ruanyifeng.com/blog/2007/11/international_military_tribunal_
for_the_far_east_judgment.html  （http://0rz.tw/4b3eh）
遠東國際軍事法庭判決書

阮一峰 發表於 2007年11月 2日 | 分類﹕首頁 -> 檔案 -> 歷史

今天﹐我非常震驚地發現﹐1946年《遠東國際軍事法庭判決書》（International Military
 Tribunal for the Far East Judgment）網上居然有英語全文﹐那可是1500頁的文
件啊。

我從不知道﹐這麼重要的第二次世界大戰的文件﹐網上居然可以輕易找到﹗國內媒體
好像從來沒有宣傳過這件事。我查了國家圖書館的數據庫﹐發現這個文件很可能沒有
出版過中譯本。我不知道台灣是否出過中譯本﹐當年南京政府應該有中文版的。

我對這個事情很不理解。

這是第一手的歷史原件﹐歷史價值就不用說了﹐對於愛國主義教育和揭露日本軍國主
義的罪行﹐都有巨大的價值。可是﹐為什麼大家都不知道呢﹖這是公共領域的材料﹐
沒有版權﹐任何人都可以自由使用。可是﹐為什麼最應該用的人卻不用呢﹖我不知道
﹐這是有意的還是無意的﹐反正兩者都一樣可悲。

尤其令人感慨的是﹐最後它們是由一個美國人放到網上﹐供全世界瀏覽。謝謝你﹐Patrick
 Clancey先生。

我初步看了一下﹐《判決書》的第五章《日本侵略中國》（Japanese Aggression Against
 China）和第八章《戰爭罪行》（Conventional War Crimes）與中國直接相關﹐我
希望它們能夠被全部翻譯成中文。

下面是晚飯後我自己翻譯的關於《南京大屠殺》的那一節﹐讓我們看看原始材料是怎
麼說的。

當我翻譯完的時候﹐我不由想到了一本書中的一句話﹕“歷史的一頁是用鮮血寫成﹐
它可以被翻過去﹐但是不能夠被忘記。”

=======================

The Rape of Nanking

南京大屠殺

原載《遠東國際軍事法庭判決書》1011-1019 頁

阮一峰 譯

As the Central China Expeditionary Force under command of MATSUI approached
 the city of Nanking in early December 1937, over one-half of its one million
 inhabitants and all but a few neutrals who remained behind to organize an
 International Safety Zone, fled from the city. the Chinese Army retreated
, leaving approximately 50,000 troops behind to defend the city.

1937年12月初﹐根據鬆井石根的命令﹐日軍“華中方面軍”準備攻打南京。該城100
萬居民中﹐有一半以上的居民逃離。所有外國居民也撤出南京﹐隻剩下一些中立國家
的人士﹐他們組織了一個國際安全區。中國軍隊也撤退了﹐隻留下大約5萬人的部隊
進行防御。

As the Japanese forces stormed the South Gate on the night of 12 December
 1937, most of the remaining 50,000 troops escaped through the North and
West Gates of the city.

1937年12月12日夜﹐日軍進攻南門。留守的5萬中國軍隊中的大部分﹐都從北門和西
門逃出了這個城市。

Nearly all the Chinese soldiers had evacuated the city or had abandoned their
 arms and uniforms and sought refuge in the International Safety Zone, and
 all resistance had ceased as the Japanese Army entered the city on the morning
 of 13 December 1937.

幾乎所有的中國士兵都棄城而逃﹐或者丟棄了武器和軍裝﹐進入國際安全區去尋求庇
護。1937年12月13日晨﹐日軍進入南京的時候﹐一切抵抗活動都已經停止了。

The Japanese soldiers swarmed over the city and committed various atrocities
. According to one of the eyewitnesses, they were let loose like a barbarian
 horde to desecrate the city. It was said by eyewitnesses that the city appeared
 to have fallen into the hands of the Japanese as captured prey, that it
had not merely been taken in organized warfare, and that the members of the
 victorious Japanese Army had set upon the prize to committee unlimited violence
.

日軍士兵佔領了這座城市﹐犯下各種暴行。根據一個目擊者的証詞﹐日軍就像一個野
蠻人的部落﹐毫無節制地四處掠奪。目擊者說﹐南京就像落入日軍之手的獵物﹐不僅
經受了戰火﹐還經受了日軍士兵以取樂和收刮為目的犯下的無數罪行。

Individual soldiers and small groups of two of three roamed over the city
 murdering, raping, looting, and burning. there was no discipline whatever
. Many soldiers were drunk. Solders went through the streets indiscriminately
 killing Chinese men, women and children without apparent provocation or
excuse until in places the streets and alleys were littered with the bodies
 of their victims. According to another witness, Chinese were hunted like
 rabbits, everyone seen to move was shot. At least 12,000 non-combatant Chinese
 men, women and children met their deaths in these indiscriminate killings
 during the first two or three days of the Japanese occupation of the city
.

單個的和二三人一組的日軍士兵﹐在城市中出沒﹐到處殺人、強姦、掠奪和焚燒﹐為
所欲為。許多士兵都酩酊大醉。他們在大街上見到中國人就殺﹐不管是男人、女人或
兒童﹐不需要任何理由和借口。有幾條大街和弄堂﹐遍地都是中國人的屍體。根據另
一個目擊者的証詞﹐中國人像野兔一樣被日軍當作獵物射擊。隻要看見有活動的中國
人﹐他就會被打死。在日軍佔領南京後的頭兩三天中﹐至少有12000名非武裝人員的
中國男性、女性和兒童﹐死於日軍的屠殺中。

There were many cases of rape. Death was a frequently penalty for the slightest
 resistance on the part of a civtion [sic] or the members of her family who
 sought to protect her. Even girls of tender years and old women were raped
 in large numbers throughout the city, and many cases of abnormal and sadistic
 behaviour in connection with these rapings occurred. Many women were killed
 after the act and their bodies mutilated. Approximately 20,000 cases of
rape occurred within the city during the first month of the occupation.

同時﹐還發生了許多起強姦。中國女性或者試圖保護她的家人﹐隻要稍有反抗﹐就立
刻會被殺死。甚至城中大量未成年的女孩和老年婦女﹐都被強姦。在強姦過程中﹐還
發生了許多起變態和虐待行為。許多婦女在強姦後被殺﹐她們的屍體被燒毀。在佔領
後的第一個月中﹐大約共發生了20000起強姦。

Japanese soldiers took from the people everything they desired. Soldiers
were observed to stop unarmed civilians on the road, search them, and finding
 nothing of value then to shoot them. Very many residential and commercial
 properties were entered and looted. Looted stocks were carried away in trucks
. After looting shops and warehouses, the Japanese soldiers frequently set
 fire to them.

日軍士兵從南京居民手中﹐奪走任何他們看中的東西。有人看到﹐日軍士兵在路上攔
住手無寸鐵的平民﹐進行搜身﹐如果沒發現有價值的東西﹐日軍就會殺死他們。大量
的民居和商業用房﹐都被日軍闖入﹐洗劫一空。搶來的物品裝在卡車上運走。在搶劫
完畢之後﹐日軍經常會縱火﹐將房屋付之一炬。

Taiping Road, the most important shopping street, and block after block of
 the commercial section of the city were destroyed by fire. Soldiers burned
 the homes of civilians for no apparent reason. Such burning appeared to
follow a prescribed pattern after a few days and continued for six weeks.
 Approximately one-third of the city was thus destroyed.

南京最重要的商業街太平路﹐以及其他的商業區﹐都被焚毀。日軍士兵還無故燒毀平
民的住宅。這些縱火行為看上去是奉命行事﹐持續了6個星期。三分之一的南京因此
變成廢墟。

Organized and wholesale murder of male civilians was conducted with the apparent
 sanction of the commanders on the pretense that Chinese soldiers had removed
 their uniforms and were mingling with the population. Groups of Chinese
civilians were formed, bound with their hands behind their backs, and marched
 outside the walls of the city where they were killed in groups by machine
 gun fire and with bayonets. More than 20,000 Chinese men of military age
 are known to have died in this fashion.

大批男性南京市民﹐被有組織的和大規模的殺害﹐這是日軍司令部的指令﹐借口他們
是脫下軍裝、混入平民的中國士兵。中國平民被分成一組一組﹐雙手綁在背後﹐押送
到城牆邊﹐然後被機關槍和刺刀成批殺害。大約有20000名處在服役年齡的中國男性
死於這種方式。

The German Government was informed by its representative about "atrocities
 and criminal acts not of an individual but of an entire Army, namely, the
 Japanese," which Army, later in the Report, was qualified as a "bestial
machinery."

德國駐中國大使在向德國政府遞交的報告中﹐寫道﹕“暴行和犯罪行為並非單個士兵
所為﹐而是整支軍隊都參與其中﹐也就是說﹐是所有的日本人。”這支軍隊在後文中
被形容為是一部“獸行機器”。

Those outside the city fared little better than those within. Practically
 the same situation existed in all the communities within 200 li (about 66
 miles) of Nanking. The population had fled into the country-side in an attempt
 to escape from the Japanese soldiers. In places they had grouped themselves
 into fugitive camps. The Japanese captured many of these camps and visited
 upon the fugitives treatment similar to that accorded the inhabitants of
 Nanking.

南京城外中國人的遭遇﹐跟城裡的一樣悲慘。實際上﹐這種狀況在南京周圍200裡（
約66英裡）的范圍內都存在。城裡居民湧向農村﹐試圖躲開日軍﹐有幾處自發形成了
難民營。日軍搜索到了這些難民營﹐將難民同城裡的居民一樣對待。

Of the civilians who had fled Nanking, over 57,000 were overtaken and interned
. These were starved and tortured in captivity until a large number died.
 Many of the survivors were killed by machine gun fire and by bayoneting.


在那些逃出南京的平民中﹐大約有57000人被追上和拘押。這些人中的大部分﹐最後
因為無法忍受饑餓和折磨而死亡。那些僥幸挺過來的人﹐則會被用機槍和刺刀殺害。


Large parties of Chinese soldiers laid down their arms and surrendered outside
 Nanking; within 72 hours after their surrender, they were killed in groups
 by machine gun fire along the bank of the Yangtze River.

大批的中國士兵放下武器﹐在南京城外投降。在投降的72小時以後﹐他們被用機關槍
在長江邊集體殺害。

Over 30,000 such prisoners of war were so killed. There was not even a pretence
 of trial of these prisoners so massacred.

大約有30000名戰俘這樣被殺。甚至都沒有進行形式上的審判﹐大屠殺就開始了。

Estimates made at a later date indicate that the total number of civilians
 and prisoners of war murdered in Nanking and its vicinity during the first
 six weeks of the Japanese occupation was over 200,000. That these estimates
 are not exaggerated is borne out by the fact that burial societies and other
 organizations counted more than 155,000 bodies which they buried. They also
 reported that most of those were bound with their hands tied behind their
 backs. These figures do not take into account those persons whose bodies
 were destroyed by burning, or by throwing them into the Yangtze River, or
 otherwise disposed of by Japanese.

根據事後的估計﹐在日軍佔領南京後的六周內﹐在南京及其附近地區﹐被殺害的平民
和戰俘總數大約有20萬人。這個數字並非出於夸張的想象﹐而是來自於殯葬行業和其
他一些掩埋屍體的組織提供的事實。他們一共埋葬了超過了15.5萬具屍體。他們還報
告說﹐大多數屍體的雙手都被綁在背後。這個數字還沒有包括那些被燒毀的屍體、被
投入長江的屍體﹐以及其他日軍自己處置的屍體。

Japanese Embassy officials entered the city of Nanking with the advance elements
 of the Army; and on 14 December, an official of the Embassy informed the
 International Committee for the Nanking Safety ?0?0one that the "Army was
 determined to make it bad for Nanking, but that Embassy officials were going
 to try to moderate the action." The Embassy officials also informed the
members of the Committee that at the time of the occupation of the city,
no more than 17 military policemen were provided by the Army commanders to
 maintain order within the city. When it transpired that complaints to the
 Army officials did not have any result, those Japanese embassy officials
 suggested to the foreign missionaries that the latter should try and get
 publicity in Japan, so that the Japanese Government would be forced by public
 opinion to curb the Army.

12月14日﹐日本駐中國大使館的官員跟隨軍隊進入南京。一個大使館的官員﹐對國際
安全區的外國人說﹕“陸軍決心懲罰南京﹐但是大使館正在設法緩和事態。”這個官
員還說﹐在佔領期間﹐日軍會提供最多17名軍事警察來維持城市秩序。稍後﹐國際安
全區的外國居民發現﹐對日軍提出的抗議根本不起作用﹐日本大使館的官員又建議這
些外國人﹐直接向日本的媒體進行曝光﹐這樣日本政府會被迫根據輿論遏制軍隊的行
為。

Dr. Bates testified that the terror was intense for two and one-half to three
 weeks, and was serious six to seven weeks following the fall of the city
.

Bates博士作証﹐在南京攻陷後的二至三周內﹐恐怖行為極其嚴重﹐在六至七周內非
常嚴重。

Smythe, the Secretary of the Int. Committee for the Safety Zone, filed two
 protests a day for the first six weeks.

國際安全區的秘書長Smythe﹐在頭六個星期中﹐每天都會提出兩份抗議書。

MATSUI, who had remained in a rear area until 17 December, made a triumphal
 entry into the city on that day, and on 18 December held a religious service
 for the dead, after which he issued a statement in the course of which he
 said: "I extend much sympathy to millions of innocent people in the Kiangpei
 and Chekiang districts, who suffered the evils of war. Now the flag of the
 rising sun is floating high over Nanking, and the Imperial Way is shining
 in the southern parts of the Yangtze-Kiang. The dawn of the renaissance
of the East is on the verge of offering itself. On this occasion, I hope
for reconsideration of the situation by the 400 million people of China."
 MATSUI remained in the city for nearly a week.

鬆井石根一直留在後方﹐直到12月17日才以勝利者的姿態進入南京。12月18日﹐他主
持了一個悼念死者的宗教儀式。隨後﹐他發表了一個聲明﹐他在其中說到﹕“我對江
北和江浙一帶的幾百萬無辜人民﹐表示極大的同情﹐他們是戰爭惡魔的受害者。現在
﹐太陽旗已經飄揚在南京上方﹐天皇的光輝照耀在長江以南。東亞復興的黎明即將來
到。在此﹐我希望4億中國人民對形勢能夠重新認識。”他在南京停留了將近一個星
期。

MUTO, then a colonel, had joined MATSUI's staff on 10 November 1937, and
was with MATSUI during the drive on Nanking and participated in the triumphal
 entry and occupation of the city. Both he and MATSUI admit that they heard
 of the atrocities being committed in the city during their stay at rear
headquarters after the fall of the city. MATSUI admits that he heard that
 foreign governments were protesting against the commission of these atrocities
. No effective action was taken to remedy the situation. Evidence was given
 before the Tribunal by an eye witness, that while MATSUI was in Nanking
on the 19th of December, the business section of the city was in flames.
On that day, the witness counted fourteen fires in the principal business
 street zone. After the entry of MATSUI and MUTO into the city, the situation
 did not improve for weeks.

日軍上校武籐章在1937年11月10月﹐加入鬆井石根的幕僚﹐稍後跟隨鬆井一起進入南
京。他們兩人都承認﹐在南京攻陷後﹐他們在後方司令部﹐都聽說了城中發生的暴行
。鬆井承認﹐他知道外國政府對這些暴行的抗議。但是﹐沒有采取有效行動去緩和形
勢。根據目擊証人提供的証據﹐12月19日鬆井在南京時﹐城市的商業區正是火光熊熊
。當天﹐目擊者一共報告了主要商業區中發生的14起火災。鬆井和武籐進入南京後﹐
形勢連續幾個星期沒有任何好轉。

Members of the Diplomatic Corps and Press and the Japanese Embassy in Nanking
 sent out reports detailing the atrocities being committed in and around
Nanking. The Japanese Minister-at-Large to China, Ito, Nobofumi, was in Shanghai
 from September 1937 to February 1938. He received reports from the Japanese
 Embassy in Nanking and from members of the Diplomatic Corps and Press regarding
 the conduct of the Japanese troops and sent a resume of the reports to the
 Japanese Foreign Minister, HIROTA. These reports, as well as many others
 giving information of the atrocities committed at Nanking, which were forwarded
 by members of the Japanese diplomatic officials in China, were forwarded
 by HIROTA to the War Ministry of which UMEZU was Vice-Minister. They were
 discussed at Liaison Conferences, which were normally attended by the Prime
 Minister, War and Navy Ministers, Foreign Minister HIROTA, Finance Minister
 KAYA, and the Chiefs of the Army and Navy General Staffs.

外國外交官和新聞記者﹐以及在南京的日本大使館人員﹐送出了許多報告﹐詳細描述
了南京及其周邊地區發生的暴行。日本內閣部長Nobofumi Ito從1937年9月到1938年
2月在上海。他收到了這些關於日軍行為的報告﹐並向外交大臣廣田弘毅發出了一份
概要。這些報告﹐以及其他由日本駐中國的外交官收集的關於日軍在南京罪行的信息
﹐都由廣田弘毅送到了梅津美治郎任副大臣的戰爭部。它們在內閣會議上得到了討論
﹐首相、戰爭大臣和海軍大臣、外交大臣、財政大臣、陸軍和海軍的總司令都應該參
加了這個會議。

News reports of the atrocities were widespread. MInAMI, who was serving as
 Governor-General of Korea at the time, admits that he read these reports
 in the Press. Following these unfavorable reports and the pressure of public
 opinion aroused in nations all over the world, the Japanese GOvernment recalled
 MATSUI and approximately 80 of his officers, but took no action to punish
 any of them. MATSUI, after his return to Japan on 5 March 1938, was appointed
 a Cabinet Councillor and 0n 29 April 1940, was decorated by the Japanese
 Government for "meritorious services" in the China War. MATSUI, in explaining
 his recall, says that he was not replaced by HATA because of the atrocities
 committed by his troops at Nanking, but because he considered his work ended
 at Nanking and wished to retire from the Army. He was never punished.

關於南京的新聞報告被廣泛傳播。當時擔任朝鮮總督的MInAMI﹐承認他從報紙上讀到
過這些報道。由於這些不利的報道﹐以及國際社會中公眾輿論的壓力﹐日本政府召回
了鬆井石根﹐以及大約80個他的部下﹐但是對他們沒有采取任何懲罰措施。1938年3
月5日﹐鬆井回到了日本。1940年4月29日﹐被任命為內閣成員﹐日本政府稱讚他在對
華戰爭中“戰功卓著”。鬆井自己解釋他被召回的原因﹐並非因為他的部隊在南京犯
下的罪行﹐而是因為他考慮在南京的工作已經結束了﹐他自己希望從陸軍退休。他從
沒有因此受到過懲罰。

The barbarous behaviour of the Japanese Army cannot be excused as the acts
 of a soldiery which had temporarily gotten out of hand when at last a stubbornly
 defended position had capitulated -- rape, arson and murder continued to
 be committed on a large scale for at least six weeks after the city had
been taken and for at least four weeks after MATSUI and MUTO had entered
the city.

日軍的野獸行為不能被掩飾成﹐在遭到頑強抵抗後﹐軍人暫時失去控制的行為。因為
﹐在南京被佔領後﹐大量的強姦、縱火和殺戮﹐持續了至少六周﹐其中有四周是在鬆
井石根和武籐章進入南京後。

The new Japanese garrison Commander at Nanking, General Amaya, on 5 February
 1938, at the Japanese Embassy in Nanking, made a statement to the Foreign
 diplomatic corps criticizing the attitude of the foreigners who had been
 sending abroad reports of Japanese atrocities at Nanking and upbraiding
them for encouraging anti-Japanese feeling. This statement by Amaya reflected
 the attitude of the Japanese Military toward foreigners in China, who were
 hostile to the Japanese policy of waging an unrestrained punitive war against
 the people of China.

1938年2月5日﹐新任的衛戍司令Amaya將軍進入南京﹐他在南京的日本大使館向各國
外交使團發表演說﹐批評了那些向國外發出日軍罪行報告的外交官﹐譴責他們這樣做
會助長反日情緒。Amaya的演說反映了日軍對在華外國人的態度。外國人士普遍對日
本針對中國人的毫無限制的、懲罰性的戰爭懷有敵意。

（完）


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