Debating Collaboration and Complicity in War Crimes Trials in Asia, 1945-1956 by Kerstin von Lingen

Author:Kerstin von Lingen
Language: eng
Format: epub
Publisher: Springer International Publishing, Cham

Amnesty Decree

Developments in the conflicts with the Republicans also affected the investigations and trials. Aside from the violent period of the Bersiap, armed confrontations with revolutionary bands hindered the Dutch East Indies authorities in their efforts to conduct investigations or establish courts in regions claimed by the Republicans. Investigators put their lives at risk in conflict areas to gather evidence of crimes outside the Dutch–British occupied territories, but even in certain occupied areas they were not always safe.69 Several incidents took place in which Dutch or Allied investigators were nearly or actually killed.70 Military and political tensions further increased as a result of difficult negotiations with the Republicans about the details of the Linggadjati Agreement, which was signed on 15 November 1946 but was not yet ratified because of disagreements over the interpretation of the treaty.

Another factor that affected policies was public opinion. Members of the judiciary emphasized repeatedly that they would take into account “the sense of justice” of the people when considering prosecution in certain cases.71 In the various regions of the archipelago, the local dynamics between the different population groups and their attitude towards the Dutch differed, as did, therefore, their call for juridical measures against alleged perpetrators. As time went by, the government claimed to notice a diminishing interest in war crimes and collaboration trials among the people, although some administrators argued that among Eurasians and Chinese calls for retribution remained strong.72

Above all, the practical difficulties associated with investigating and prosecuting large numbers of suspects became an even greater challenge. There was a shortage of qualified judiciary personnel and facilities to investigate and try cases. As time went by, it became more difficult to collect evidence and depose witnesses, especially because of repatriation and the large number of displaced persons. It was also considered a weakness that no appeal was possible.73

These circumstances shifted the attention of the government and strengthened the political support to reduce the number of trials. On 7 May 1947, the Indies government agreed to an Amnesty Decree. According to the decree, so-called minor cases, including economic and political collaboration, propaganda and expressions of sympathy for the enemy, would not be prosecuted, and sentences for such crimes would be remitted.74 The most severe crimes would be prosecuted. Among these were acts which directly contributed to the war effort of the enemy, acts by which someone else’s body, honour or personal freedom was assaulted and acts which resulted in ill-treatment of a person who was in the hands of the enemy. In practice, treason was thus considered the most severe form of collaboration. Especially in cases in which the defendant was said to have joined voluntarily, had enjoyed his work or had participated in serious abuse, the court seemed to hand down severe sentences.75

Yet the lieutenant-governor general was wary of the reactions “the magical force of the word amnesty” could cause among the people in the Netherlands as well as the Indies.76 It was suggested that the decree be published concurrently with the announcement of the birth of the new prince or princess of the royal family.

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