Re:◎各種條約全文之收集與瞭解
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Re:◎各種條約全文之收集與瞭解 | |
1945.09.02「麥克阿瑟第一號命令」英文 Supreme Commander for the Allied Powers 2 September 1945 Shortly after the signing of the Instrument of Surrender in Tokyo Bay, General of the Army Douglas MacArthur, Supreme Commander for the Allied Powers, issued his General Order no. 1, which was transmitted to Japanese forces by the Imperial General Headquarters. The enclosure is the final form approved by the President of the United States on 17 August 1945 and issued by the Imperial General Headquarters on 2 September 1945. Note by the Secretaries JOINT CHIEFS OF STAFF INSTRUMENTS FOR THE SURRENDER OF JAPAN GENERAL ORDER NO.1 General order No.1 The President approved it with the understanding that it is subject to change both by further instructions issued through the Joint Chiefs of Staff and by changes in matters of detail made by the Supreme Commander for the Allied Powers in the light of the operational situation as known by him. ENCLOSURE (GENERAL ORDER NO.1) SWNCC21/8 The Imperial General Headquarters by direction of the Emperor, and pursuant to the surrender to the Supreme Commander for the Allied Powers of all Japanese armed forces by the Emperor, hereby orders all of its commanders in Japan and abroad to cause the Japanese armed forces and Japanese-controlled forces under their command to cease hostilities at once, to lay down their arms, to remain in their present locations and to surrender unconditionally to commanders acting on behalf of the United States, the Republic of China, the United Kingdom and the British Empire, and the Union of Soviet Socialist Republics, as indicated hereafter or as may be further directed by the Supreme Commander for the Allied Powers. Immediate contact will be made with the indicated commanders, or their designated representatives, subject to any changes in detail prescribed by the Supreme Commander for the Allied Powers, and their instructions will be completely and immediately carried out. a. The senior Japanese commanders and all ground, sea, air and auxiliary forces within China (excluding Manchuria), Formosa and French Indo-China north of 16 north latitude shall surrender to Generalissimo Chiang Kai-shek. b. The senior Japanese commanders and all ground, sea, air and auxiliary forces within Manchuria, Korea north of 38 north latitude and Karafuto shall surrender to the Commander in Chief of Soviet Forces in the Far East. c. The senior Japanese commanders and all ground, sea, air and auxiliary forces within the Andamans, Nicobars, Burma, Thailand, French Indo-China south of 16 degrees north latitude, Malaya, Borneo, Netherlands Indies, New Guinea, Bismarcks and the Solomons, shall surrender to (the Supreme Allied Commander South East Asia Command or the Commanding General, Australian Forces--the exact breakdown between Mountbatten and the Australians to be arranged between them and the details of this paragraph then prepared by the Supreme Commander for the Allied Powers). d. The senior Japanese commanders and all ground, sea, air and auxiliary forces in the Japanese Mandated Islands, Ryukyus, Bonins, and other Pacific Islands shall surrender to the Commander in Chief U. S. Pacific Fleet. e. The Imperial General Headquarters, its senior commanders, and all ground, sea, air and auxiliary forces in the main islands of Japan, minor islands adjacent thereto, Korea south of 38 north latitude, and the Philippines shall surrender to the Commander in Chief, U. S. Army Forces in the Pacific. f. The above indicated commanders are the only representatives of the Allied Powers empowered to accept surrenders and all surrenders of Japanese Forces shall be made only to them or to their representatives. The Japanese Imperial General Headquarters further orders its commanders in Japan and abroad to disarm completely all forces of Japan or under Japanese control, wherever they may be situated and to deliver intact and in safe and good condition all weapons and equipment at such time and at such places as may be prescribed by the Allied Commanders indicated above. (Pending further instructions, the Japanese police force in the main islands of Japan will be exempt from this disarmament provision. The police force will remain at their posts and shall be held responsible for the preservation of law and order. The strength and arms of such a police force will be prescribed.) 2. The Japanese Imperial General Headquarters shall furnish to the Supreme Commander for the Allied Powers, within (time limit) of receipt of this order, complete information with respect to Japan and all areas under Japanese control as follows: (a) Lists of all land, air and anti-aircraft units showing locations and strengths in officers and men. (b) Lists of all aircraft, military, naval and civil giving complete information as to the number, type, location and condition of such aircraft. (c) Lists of all Japanese and Japanese-controlled naval vessels, surface and submarine and auxiliary naval craft in or out of commission and under construction giving their position, condition and movement. (d) Lists of all Japanese and Japanese-controlled merchant ships of over100 gross tons, in or out of commission and under construction, including merchant ships formerly belonging to any of the United Nations which are now in Japanese hands, giving their position con dition and movement. (e) Complete and detailed information, accompanied by maps, showing location and layouts of all mines, minefields and other obstacles to movement by land, sea or air and the safety lanes in connection therewith. (f) Locations and descriptions of all military installations and establishments, including airfields, seaplane bases, anti-aircraft defenses, ports and naval bases, storage depots, permanent and temporary land and coast fortifications, fortresses and other fortified areas. (g) Locations of all camps and other places of detention of United Nations prisoners of war and civilian internees. 3. Japanese armed forces and civil aviation authorities will insure that all Japanese military, naval and civil aircraft remain on the ground on the water or abroad ship until further notification of the disposition to be made of them. 4. Japanese or Japanese-controlled naval or merchant vessels of all types will be maintained without damage and will undertake no movement pending instructions from the Supreme Commander for the Allied Powers. Vessels at sea will immediately render harmless and throw overbroad explosives of all types. Vessels not at sea will immediately remove explosives of all types to safe storage ashore. 5. Responsible Japanese or Japanese-controlled military and civil authorities will insure that: a. All Japanese mines, minefields and other obstacles to movement by land, sea and air, wherever located, be removed according to instructions of the Supreme Commander for the Allied Powers. b. All aids to navigation be reestablished at once. c. All safety lanes be kept open and clearly marked pending accomplishment of a. above. 6. Responsible Japanese and Japanese-controlled military and civil authorities will hold intact and in good condition pending further instructions from the Supreme Commander for the Allied Powers the following: a. All arms, ammunition, explosives, military equipment, stores and supplies and other implements of war of all kinds and all other war material (except as specifically prescribed in Section 4 of this order). b. All land, water and air transportation and communication facilities and equipment. c. All military installations and establishments, including airfields, seaplane bases, anti-aircraft defenses, ports and naval bases, storage depots, permanent and temporary land and coast fortifications, fortresses and other fortified areas, together with plans and drawings of all such fortifications, installations and establishments. d. All factories, plants, shops, research institutions, laboratories, testing stations, technical data, patents, plans, drawings and inventions designed or intended to produce or facilitate the production or use of all implements of war and other material and property used by or intended for use by any military or paramilitary organizations in connection with their operations. 7. The Japanese Imperial General Headquarters shall furnish to the Supreme Commander for the Allied Powers, within (time limit) of receipt of this order, complete lists of all the items specified in paragraph a, b and d of Section 6 above, indicating the numbers, types and locations of each. 8. The manufacture and distribution of all arms, ammunition and implements of war will cease forthwith. 9. With respect to United Nations prisoners of war and civilian internees in the hands of Japanese or Japanese-controlled authorities: a. The safety and well-being of all United Nations prisoners of war and civilian internees will be scrupulously preserved to include the administrative and supply services essential to provide adequate food shelter, clothing and medical care until such responsibility is undertaken by the Supreme Commander for the Allied Powers; b. Each camp or other place of detention of United Nations prisoners of war and civilian internees together with nits equipment, stores, records, arms and ammunition will be delivered immediately to the command of the senior officer or designated representative of the prisoner of war and civilian internees; c. As directed by the Supreme Commander for the Allied Powers, prisoners of war and civilian internees will be transported to places of safety where they can be accepted by allied authorities; d. The Japanese Imperial General Headquarters will furnish to the Supreme Commander for the Allied Powers ,within (time limit)of the receipt of this order, complete lists of all United Nations prisoners of war and civilian internees, indicating their location. 10. All Japanese and Japanese-controlled military and civil authorities shall aid and assist the occupation of Japan and Japanese-controlled areas by forces of the Allied Powers. 11. The Japanese Imperial General Headquarters and appropriate Japanese officials shall be prepared on instructions from Allied occupation commanders to collect and deliver all arms in the possession of the Japanese civilian population. 12. This and all subsequent instructions issued by the Supreme Commander for the Allied Powers or other allied military authorities will be scrupulously and promptly obeyed by Japanese and Japanese-controlled military and civil officials and private persons. Any delay or failure to comply with the provisions of this or subsequent orders and any action which the Supreme Commander for the Allied Powers determines to be detrimental to the Allied Powers, will incur drastic and summary punishment at the hands of allied military authorities and the Japanese Government. ----------- Source: Congressional Record, 6 September 1945.
全文如下: 盟國統帥總司令部指令第一號 依據1945年9月2日日本國天皇及日本帝國政府之代表,暨日本帝國大本營所簽署之投降文件,應對日本國軍隊與日本國管制下之一切部隊,以及相關非軍事性機構,毫無延遲地發佈本指令添附書「一般命令第一號陸、海軍」與擴充命令所必要之訓令,並充分且完全地予以遵守。 添附書 一、帝國大本營茲奉敕命及天皇御旨,下令所有日本國軍隊向盟軍統帥投降,並要求所有現在日本國內及國外之指揮官,立即終止其在位置,且依前述指示或盟軍最高統帥之追加指示,向以合眾國、中華民國、聯合王國暨大英帝國及蘇維埃社會主義共和國聯邦名義行動之各指揮官進行無條件投降,並應立即聯終前述指示之指揮官及其指定之代表者。但相關細目得依盟軍統帥之指示而變更,且應完全且即時實行前述指揮官及其代表者之命令。 a.位於中國(滿洲除外)、台灣及北緯十六度以北法屬印度支那之前日本國指揮官,以及該地駐屯之所有陸、海、空和後備部隊,向蔣介石委員長投降。 日本帝國大本營更須下令日本國國內及國外之指揮官,無論其處於任何位置,應完全解除日本國軍隊及受日本國指揮之軍隊武裝,且依前記盟國司令官指定之時間和地點,以現狀並儘量維持安全與良好狀態,繳交自己兵器及裝備。在接獲追加指示之前,位於日本國本土之日本國警察機關得免於適用本解除武裝之規定。警察機關應駐留於其部署地區,負責維持法律及秩序。前記警察機關之人員及武器須服膺指示。 二、日本帝國大本營在接獲盟國統帥之本指令後,塵毫無遲延地完整提供關於日本國及日本國統治下所有地域之下列諸項資料。 a.所有陸、海、空及防空部隊之位置和官兵數目覽表。 三、在接獲進一步通告之前,日本軍及民間航空所部當局之一切日本國陸、海軍非軍用航空機,須確實停留於其所在之陸上、海上及艦上之定點。 四、在接獲盟國統帥指示之前,日本國或日本國控制下久所有型式海軍艦艇商船,須毫無損傷地加以保存且不得企圖加以移動。至於航海中之船舶則須立即將所有種類之爆炸物無害地拋入海中,而非航海中之船舶則須立即將所有種類之爆炸物移至沿岸安全貯藏處所。 五、日本國及日本國控制下負有責任之軍部及行政當局,須確實執行下列事項: a.所有日本國內埋藏地雷、水雷及其他對陸、海、空行動之障礙物,無其位於任何地點,均須依盟國統帥之指示予以去除。 六、日本國及日本國控制下負有責任之軍部及行政當局,在接獲盟國統帥前一切指示之前,應將下列事物保持原狀且儘量維持良好狀態。 a.所有兵器、彈藥、爆炸物、軍用裝備、貯藏品及軍需品等所有種類之軍用器材及一切軍用資材(除本指令第四項之特別規定外) 八、所有兵器、彈藥及軍用器材之製造及分配應立即終止。 九、關於日本國或日本國統治下官憲權限內之盟國俘虜及被拘留者: a.須細心注意維持所有盟國俘虜及被拘留者之安全及福祉,至前記盟國統帥接替其責任為止,須提供包括適切糧食、居住、被服及醫療在內之管理及補給業務。 日本帝國大本營於接受本命令之後,應毫無延遲地將表示所有盟國俘虜及被拘留者所在地點之資料表,提供給盟國統帥。 十、所有日本國及日本國統治下之軍部及行當局,應協助盟國軍隊占領日本國及日本國統治地域。 十一、日本帝國大本營及日本國該當官憲應做成準備,在盟國占領軍指揮官有所指示之際,收集且移交一般日本國國民所有之一切武器。 十二、日本國及日本國統治下之軍部、行政官憲及私人,應嚴格且迅速服從本命令及爾後盟國統帥或其他盟國軍部官憲所發出之一切指示,若有遲延或不遵守本命和爾後任何命令之規定者,以及被盟國統帥認定為係對盟國有害之行為時,得由盟國軍部官憲及日本國政府加以嚴重且迅速之處罰。 十三、對於應提供給盟國統帥之前記第二項、第七項及第九項所需之資訊,日本國大本營立即於最短時間內進行通報。 (全文資料參考自:Nisuke Ando(安藤仁介)著 李明峻譯 國立編譯館出版 《國際法上的佔領、投降與私有財產》p.193) |
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