Batang Kali massacre

Last updated

The Batang Kali massacre was the killing of 24 unarmed villagers by British troops on 12 December 1948 during the Malayan Emergency. The incident occurred during counter-insurgency operations against Malay and Chinese communists in Malaya – then a colony of the British Crown. [1] It was described as "Britain's My Lai " in Christopher Hale's Massacre in Malaya: exposing Britain's My Lai. [2]

Batang Kali human settlement in Malaysia

Batang Kali is a town in Hulu Selangor District, Selangor, Malaysia.

British Army land warfare branch of the British Armed Forces of the United Kingdom

The British Army is the principal land warfare force of the United Kingdom, a part of British Armed Forces. As of 2018, the British Army comprises just over 81,500 trained regular (full-time) personnel and just over 27,000 trained reserve (part-time) personnel.

Malayan Emergency guerrilla war from 1948 to 1960

The Malayan Emergency was a guerrilla war fought in pre- and post-independence Federation of Malaya, from 1948 until 1960. The belligerents were the Commonwealth armed forces against the Malayan National Liberation Army (MNLA), the military arm of the Malayan Communist Party (MCP).

Contents

Despite several investigations by the British government since the 1950s, and a re-examination of the evidence by the Royal Malaysia Police between 1993 and 1997, no charges were brought against any of the alleged perpetrators. [3]

Royal Malaysia Police

The Royal Malaysia Police, is a (primarily) uniformed federal police force in Malaysia. The force is a centralised organisation. Its headquarters are located at Bukit Aman, Kuala Lumpur. The police force is led by an Inspector-General of Police (IGP) who, as of September 2017, is Tan Sri Dato' Sri Mohamad Fuzi Harun.

Background

After World War II, the British returned to Malaya to recover control from Japanese military forces. During the war the British government had supported the guerrillas who continued to fight against the Japanese forces. However, following VJ Day in August 1945, many resistance units did not completely disband. These groups instead became the foundation for the independence movement against British rule in Malaya. Some guerrillas turned from agitation to communism and began targeting British commercial interests in the colony by attacking rubber plantations and tin mines. By June 1948, escalating violence and the assassinations of several prominent British landowners led colonial authorities in Malaya to declare an "Emergency".

World War II 1939–1945 global war

World War II, also known as the Second World War, was a global war that lasted from 1939 to 1945. The vast majority of the world's countries—including all the great powers—eventually formed two opposing military alliances: the Allies and the Axis. A state of total war emerged, directly involving more than 100 million people from over 30 countries. The major participants threw their entire economic, industrial, and scientific capabilities behind the war effort, blurring the distinction between civilian and military resources. World War II was the deadliest conflict in human history, marked by 50 to 85 million fatalities, most of whom were civilians in the Soviet Union and China. It included massacres, the genocide of the Holocaust, strategic bombing, premeditated death from starvation and disease, and the only use of nuclear weapons in war.

Imperial Japanese Army Official ground-based armed force of the Empire of Japan, from 1868 to 1945

The Imperial Japanese Army was the official ground-based armed force of the Empire of Japan from 1868 to 1945. It was controlled by the Imperial Japanese Army General Staff Office and the Ministry of the Army, both of which were nominally subordinate to the Emperor of Japan as supreme commander of the army and the navy. Later an Inspectorate General of Aviation became the third agency with oversight of the army. During wartime or national emergencies, the nominal command functions of the emperor would be centralized in an Imperial General Headquarters (IGHQ), an ad-hoc body consisting of the chief and vice chief of the Army General Staff, the Minister of the Army, the chief and vice chief of the Naval General Staff, the Inspector General of Aviation, and the Inspector General of Military Training.

This gave the Malay police and government greater powers and flexibility in combating the insurgents. Although the British had extensive experience in jungle warfare, most recently in the Burma Campaign during World War II, military leaders had not formalized their experience into a specific jungle warfare curriculum. [4]

Jungle warfare is a term used to cover the special techniques needed for military units to survive and fight in jungle terrain.

Burma Campaign series of battles fought in the British colony of Burma, South-East Asian theatre of World War II

The Burma Campaign was a series of battles fought in the British colony of Burma, South-East Asian theatre of World War II, primarily involving the forces of the British Empire and China, with support from the United States, against the invading forces of Imperial Japan, Thailand, and the Indian National Army. British Empire forces peaked at around 1,000,000 land and air forces, and were drawn primarily from British India, with British Army forces, 100,000 East and West African colonial troops, and smaller numbers of land and air forces from several other Dominions and Colonies. The Burma Independence Army was trained by the Japanese and spearheaded the initial attacks against British Empire forces.

As the Malayan conflict continued, the British Army refined its military tactics in jungle conditions. But although training, especially in the early days of the Emergency, exposed many British soldiers to the harshness of combat in tropical environments, they received almost no training about observing the laws of war. [ citation needed ] The Basic Military Training curriculum in Malaya focused on 'drill, weapons training, gas training, physical training, education, health and religious training'. The newly founded United Nations was mentioned but no discussion of international protocols on the treatment of non-combatants. Even in documents about officer training there is no mention given to civilians.[ citation needed ]

United Nations Intergovernmental organization

The United Nations (UN) is an intergovernmental organization that was tasked to maintain international peace and security, develop friendly relations among nations, achieve international co-operation and be a centre for harmonizing the actions of nations. The headquarters of the UN is in Manhattan, New York City, and is subject to extraterritoriality. Further main offices are situated in Geneva, Nairobi, and Vienna. The organization is financed by assessed and voluntary contributions from its member states. Its objectives include maintaining international peace and security, protecting human rights, delivering humanitarian aid, promoting sustainable development and upholding international law. The UN is the largest, most familiar, most internationally represented and most powerful intergovernmental organization in the world. In 24 October 1945, at the end of World War II, the organization was established with the aim of preventing future wars. At its founding, the UN had 51 member states; there are now 193. The UN is the successor of the ineffective League of Nations.

Michael Gilbert, a member of the Suffolk Regiment, said his training "[was] teaching you how to march, how to handle a rifle, and how to behave in a soldierly manner." Raymond Burdett, another member of the Suffolk Regiment, reflected on his experience; he said the trainers sought "to get us to follow instructions, not to question commands." Basic training for these troops focused on infantry skills, not their ability to judge the appropriateness of orders in the context of international law. [4]

Suffolk Regiment military unit

The Suffolk Regiment was an infantry regiment of the line in the British Army with a history dating back to 1685. It saw service for three centuries, participating in many wars and conflicts, including the First and Second World Wars, before being amalgamated with the Royal Norfolk Regiment to form the 1st East Anglian Regiment in 1959 which, in 1964, was further amalgamated with the 2nd East Anglian Regiment, the 3rd East Anglian Regiment and the Royal Leicestershire Regiment to create the present Royal Anglian Regiment.

Killings

In December 1948, 7th Platoon, G Company, 2nd Scots Guards surrounded a rubber plantation at Sungai Rimoh near Batang Kali in Selangor. The civilians were then rounded up by the British soldiers. The men were separated from the women and children for interrogation. A total 24 unarmed men from the village were killed by automatic weapons fire before the villagers' homes were set on fire. The only adult male survivor was a man named Chong Hong, who was in his 20s at the time. He fainted and was presumed dead. Other eyewitnesses included the victims' spouses and children, such as Tham Yong, age 17, and Loh Ah Choy, who was about seven at the time.

Subsequent developments

In the 1960s, Denis Healey, the British Defence Secretary instructed Scotland Yard to set up a special task force (led by Frank Williams) to investigate the matter. An alleged lack of evidence gave the incoming Conservative government an excuse to drop the investigation in 1970.

On 9 September 1992, a BBC documentary, an investigative report into the massacre titled "In Cold Blood", was aired in the United Kingdom and revealed fresh evidence. The documentary included accounts from witnesses and survivors, including confessions of an ex-Scots Guards soldier and interviews with the Scotland Yard police officers who had investigated the case in 1970.

On 8 June 1993, with the help of the MCA Legal Bureau, a petition was presented to Queen Elizabeth II asking that justice be done. On 14 July 1993 a police report was lodged by three survivors, accompanied by the MCA Public Service and Complaints Bureau Chief Michael Chong. On 18 September 1993, however, Gavin Hewitt (Head of South East Asia Department of the Foreign Office, UK) stated that "No new evidence has been uncovered by the British authorities to warrant the setting up of another official inquiry into the alleged massacre of 24 villagers in Batang Kali…"[ citation needed ]

On 30 December 1997, an investigation report was submitted to the Royal Malaysian Police Jabatan Siasatan Jenayah Bukit Aman. The case was closed on the grounds of insufficient evidence for prosecution. On 13 July 2004, the DAP, a Malaysian political party, raised the Batang Kali massacre in the Malaysian Parliament.[ citation needed ]

On 25 March 2008, the family members of the massacre victims and several NGOs formed an 'Action Committee Condemning the Batang Kali Massacre' and submitted a petition to the British High Commission in Malaysia. The petition seeks official apology, compensation for the family members of the 24 massacre victims and financial contribution towards the educational and cultural development of the Ulu Yam community.[ citation needed ]

On 30 January 2009, the Foreign Office in Britain rejected a call for an inquiry into the massacre of villagers. [5] On 24 April 2009, the British government announced that it was reconsidering this decision. [6]

On 30 April 2009, The Independent reported that the British government had agreed to reinvestigate the massacre. [7]

In January 2012, lawyers for the victims and their families were given Foreign Office correspondence and Cabinet Office guidance relating to the incident. [8]

Secret papers uncovered by Mrs. Tham's [ who? ] solicitors, Bindmans, reportedly disclose that the colonial Attorney General who exonerated the British troops of any wrongdoing at the time privately believed that mass public executions might deter other insurgents. A second document reveals that officials at the British High Commission in Kuala Lumpur had briefed ministers that there was little point in Scotland Yard officers interviewing eyewitnesses in the 1970s because Malaysian villagers were untrustworthy, motivated by compensation and it was "doubtful" they could recall events 22 years earlier. On 2 April 2010, Tham Yong, 78, the last Malaysian adult witness to the alleged massacre of 24 unarmed villagers by British troops in 1948, died, leaving the campaign for an official investigation uncertain.[ citation needed ]

Judicial review

Malaysian victims unsuccessfully petitioned Queen Elizabeth II personally - to re-open an inquiry into the massacre in 1993 and in 2004. They tried again in 2008 and didn't receive a reply from the British government until 2011 when the High Court agreed to review the case. [9]

In May 2012 the judicial review on the British government's position was held at the High Court in London. [10] On 4 September 2012, the High Court's judges in London upheld a government decision not to hold a public hearing into the killing. [3] The Court also ruled that Britain was responsible for the killing in Batang Kali. In its written judgement, it said, "There is evidence that supports a deliberate execution of the 24 civilians at Batang Kali." [11]

In March 2014, the UK's Court of Appeal announced it would make a ruling on whether a public enquiry will be held into the killings. The move was welcomed by families of the plantation workers who had died at Batang Kali. The British government had earlier rejected calls for a public hearing, a decision that was upheld by the High Court in September 2012. [12]

In November 2015 the United Kingdom Supreme Court ruled that the United Kingdom government was not obliged to hold a public inquiry into the 1940s killing of 24 Malayan villagers by a British army patrol, even though it may have been a war crime, because the atrocity occurred too long ago. [13] . An appeal to the European Court of Human Rights failed when the case was ruled inadmissible on essentially the same grounds in October 2018. [14] With that, the legal avenues for a fuller investigation into this 70-year-old tragedy came to an end.

See also

Related Research Articles

My Lai Massacre massacre of civilians by American soldiers during the Vietnam War

The Mỹ Lai Massacre was the Vietnam War mass murder of unarmed South Vietnamese civilians by U.S. troops in Sơn Tịnh District, South Vietnam, on 16 March 1968. Between 347 and 504 unarmed people were killed by the U.S. Army soldiers from Company C, 1st Battalion, 20th Infantry Regiment, 11th Brigade, 23rd (Americal) Infantry Division. Victims included men, women, children, and infants. Some of the women were gang-raped and their bodies mutilated as were children as young as 12. Twenty-six soldiers were charged with criminal offenses, but only Lieutenant William Calley Jr., a platoon leader in C Company, was convicted. Found guilty of killing 22 villagers, he was originally given a life sentence, but served only three and a half years under house arrest.

Homicide is the act of one human killing another. A homicide requires only a volitional act by another person that results in death, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no intent to cause harm. Homicides can be divided into many overlapping legal categories, including murder, manslaughter, justifiable homicide, killing in war, euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human societies; some are considered crimes, while others are permitted or even ordered by the legal system.

Federation of Malaya former country

The Federation of Malaya was a federation of what previously had been British Malaya comprising eleven states that existed from 1 February 1948 until 16 September 1963. The Federation became independent on 31 August 1957, and in 1963 Malaysia was formed when the federation united with the Singapore, North Borneo, and Sarawak Crown Colonies.

Chin Peng Malaysian politician

Chin Peng, former OBE, born Ong Boon Hua was a Malayan communist politician who was a long-time leader of the Malayan Communist Party (MCP). A determined anti-colonialist, he led the party's guerrilla insurgency in the Malayan Emergency, fighting against British and Commonwealth forces in an attempt to establish an independent communist state. After the MCP's defeat and subsequent Malayan independence, Chin waged a second campaign against Malaya and, after 1963, the new state of Malaysia in an attempt to replace its government with a communist one from exile, until signing the Peace Agreement of Hat Yai 1989 with the Malaysian government in 1989.

Malayan Communist Party

The Malayan Communist Party (MCP), officially known as the Communist Party of Malaya (CPM), was a political party in the Federation of Malaya and Malaysia. It was founded in 1930 and laid down its arms in 1989. It is most known for its role in the Malayan Emergency.

Ronald L. Haeberle American photographer

Ronald L. Haeberle is a former United States Army photographer best known for the photographs he took of the My Lai Massacre on March 16, 1968.

Haditha massacre incident in which 24 unarmed Iraqi men, women and children were killed by a group of US Marines

The Haditha killings were a series of killings on November 19, 2005, in which a group of United States Marines murdered 24 unarmed Iraqi civilians. The killings occurred in Haditha, a city in Iraq's western province of Al Anbar. Among the dead were men, women, children and elderly people, who were shot multiple times at close range while unarmed. It was alleged that the killings were a retribution for the attack on a convoy of Marines with an improvised explosive device that killed Lance Corporal Miguel Terrazas.

This article lists important figures and events in Malayan public affairs during the year 1948, together with births and deaths of significant Malayans. Malaya left the British colonial Malayan Union; the Federation of Malaya took place on 1 February.

Malayan Races Liberation Army

The Malayan National Liberation Army (MNLA), often mistranslated as the Malayan Races Liberation Army or MRLA, was a guerrilla army based in the Malayan peninsula and Singapore. It originally fought the Japanese during the second world war as the Malayan People's Anti-Japanese Army (MPAJA), from 1948-1960 it fought British and Commonwealth forces for an independent Malaya. In 1968 the MNLA resurged operating from Southern Thailand it fought against the Malaysian government in various areas of the Malayan jungle mainly in the North. In 1989 the Malayan Communist Party signed a peace treaty with the Malaysian state and the MNLA and the Party settled in villages in southern Thailand.

British Military Administration (Malaya) Postwar administration of Malaya before its independence

The British Military Administration (BMA) was the interim administrator of British Malaya from August 1945, the end of World War II, to the establishment of the Malayan Union in April 1946. The BMA was under the direct command of the Supreme Allied Commander South East Asia, Lord Louis Mountbatten. The administration had the dual function of maintaining basic subsistence during the period of reoccupation, and also of imposing the state structure upon which post-war imperial power would rest.

Communist insurgency in Malaysia (1968–89) armed conflict in Malaysia from 1968 to 1989

The Communist insurgency in Malaysia, also known as the Second Malayan Emergency, (Malay: Perang Insurgensi Melawan Pengganas Komunis or Perang Insurgensi Komunis and Darurat Kedua) was an armed conflict which occurred in Malaysia from 1968 to 1989, involving the Malayan Communist Party (MCP) and Malaysian federal security forces.

Malaysia's armed forces, which encompasses three major branches, originate from the formation of local military forces in the first half of the 20th century, during British colonial rule of Malaya and Singapore prior to Malaya's independence in 1957. The branches have undergone several restructuring, but fundamentally includes the army, navy and air force.

History of the Royal Malaysia Police

The Royal Malaysia Police trace their existence to the Malacca Sultanate in the 1400s and developed through administration by the Portuguese, the Dutch, modernization by the British beginning in the early 1800s, and the era of Malaysian independence.

British war crimes are acts by the armed forces of the United Kingdom which have violated the laws and customs of war since the Hague Conventions of 1899 and 1907. Such acts have included the summary executions of prisoners of war and unarmed shipwreck survivors, the use of excessive force during the interrogation of POWs and enemy combatants, and the use of violence against civilian non-combatants and their property.‌

Counter-terrorism in Malaysia is a series of measures implemented in Malaysia to detect and prevent terrorism as well as to minimise damages from such terrorist acts should they occur. These measures involve all levels of security services including military, police, border and infrastructure security, civil defence, medical readiness and psychological preparedness. Malaysia also participates actively in international counter-terrorism efforts. Malaysia has experienced sustained terrorism threats from 1948 until 1989, particularly from the Malayan Communist Party. The Internal Security Act 1960 (repealed 2012, replaced with Security Offences Act 2012 was enacted to prevent terrorism in Malaysia.

Binh Tai Massacre

The Bình Tai Massacre was a massacre purportedly perpetrated by South Korean Forces on 9 October 1966 of 168 citizens in Binh Tai village of Bình Định Province in South Vietnam.

The Malayan Emergency was a guerrilla war fought between Commonwealth armed forces and the Malayan National Liberation Army (MNLA), the military arm of the Malayan Communist Party, from 1948 to 1960 in Malaya. Australia's commitment to the emergency lasted 13 years, between 1950 and 1963, with army, air force and naval units serving. The Malayan Emergency was the longest continuous military commitment in Australia's history. Thirty-nine Australians were killed and 27 wounded.

Kandahar massacre

The Kandahar massacre, more precisely identified as the Panjwai massacre, occurred in the early hours of 11 March 2012, when United States Army Staff Sergeant Robert Bales murdered sixteen civilians and wounded six others in the Panjwayi District of Kandahar Province, Afghanistan. Nine of his victims were children, and eleven of the dead were from the same family. Some of the corpses were partially burned. Bales was taken into custody later that morning when he told authorities, "I did it". On 23 August 2013, a jury at Joint Base Lewis-McChord in Fort Lewis, Washington sentenced him to life in prison without parole.

References

  1. Townsend, Mark (9 April 2011). "New documents reveal cover-up of 1948 British 'massacre' of villagers in Malaya". London: The Guardian .
  2. Hale, Christopher (1 October 2013). Massacre in Malaya: exposing Britain's My Lai. Stroud: The History Press. ISBN   978-0752487014.
  3. 1 2 "Malaysian lose fight for 1948 'massacre' inquiry". BBC News. 4 September 2012. Retrieved 4 September 2012.
  4. 1 2 The Other Forgotten War: Understanding atrocities during the Malayan Emergency, digitalcommons.csbsju.edu; accessed 18 November 2015.
  5. UK rejects massacre inquiry call, UK: BBC News, 30 January 2009.
  6. Malay massacre evidence to be reviewed by the UK government, UK: BBC News, 28 April 2009.
  7. Verkaik, Robert (30 April 2009), 60 years on, Malaya massacre by British troops to be investigated, Home news, London, UK: The Independent.
  8. Bowcott, Owen (26 January 2012). "Batang Kali relatives edge closer to the truth about 'Britain's My Lai massacre'". The Guardian. London. Retrieved 27 January 2012.
  9. Engelhart, Katie (December 2012). "Rule Britannia: Empire on Trial", World Policy Journal.
  10. "Malayan 'massacre' families seek UK inquiry". BBC NEWS. 7 May 2012. Retrieved May 2012.Check date values in: |accessdate= (help)
  11. "High Court ruling". Reuters. 4 September 2012.
  12. "Court of Appeal judges to rule on 1948 Malaya 'massacre'". BBC NEWS. 19 March 2014.
  13. "Relatives lose fight for inquiry into 1948 Batang Kali 'massacre'". The Guardian. London. 25 November 2015.
  14. "Chong and Others v. the United Kingdom". Strasbourg: Press release of the European Court of Human Rights. 4 October 2018.

Further reading