Tribunal 2000: Urteilsverkündung
Tribunal 2000 in Tokyo und
Urteilsverkündung 2001 in Den Haag
Betr.: Sexsklavinnen für Japans Soldaten im II. Weltkrieg
"… this Judgement bears the names of the survivors who took the stand to tell their stories, and thereby, for four days at least, put wrong on the scaffold and truth on the throne.''
(Paragraph 1094, Judgement)
The Tribunal's final Judgement issued at The Hague, the Netherlands, was huge in volume, consisting of eight parts, and 1094 paragraphs (265 pages). The Judgement provides integral historical and legal analyses from gender perspective of the crimes of Japan's military sexual slavery, which was not brought to justice by the post-war Tokyo Trial (International Military Tribunal for the Far East). It finds that the actions and inactions of the Japanese government, including the concealment of the related documents, the denials of the official involvement of the government and military, and the failure to provide meaningful apology and compensation, constitute continuous violations of its own obligations under international law. The Judgment finally elaborates a detailed list of recommendations, not only to the government of Japan but also to the former Allied countries.
Part 1 INTRODUCTION AND BACKGROUND OF THE PROCEEDINGS
Part 2 FACTUAL FINDINGS
Part 3 APPLICABLE LAW
Part 4 INDIVIDUAL CRIMINAL RESPONSIBILITY
Part 5 LEGAL FINDINGS AND VERDICTS
Part 6 STATE RESPONSIBILITY
Part 7 REPARATIONS (including recommendations)
Part 8 CONCLUISION
Am 4. Dezmber 2001 in Den Haag nach der Verkündigung des Urteils
1086 The Tribunal holds that in order to fulfill its responsibility, the government of Japan must provide each of the following remedial measures:
I. Acknowledge fully its responsibility and liability for the establishment of the "comfort system." and that this system was in violation of international law.
2. Issue a full and frank apology, taking legal responsibility and giving guarantees of non-repetition.
3. Compensate the victims and survivors and those entitled to recover as a result of the violations declared herein through the government and in amounts adequate to redress the harm and deter its future occurrence.
4. Establish a mechanism for the thorough investigation into the system of military sexual slavery, and allow for public access and historical preservation of the materials.
5. Consider, in consultation with the survivors, the establishment of a Truth and Reconciliation Commission that will create an historical record of the gender-based crimes committed during the war, transition, occupation, and colonisation.
6. Recognize and honor the victims and survivors through the creation of memorials, museums, and libraries dedicated to their memory and the promise of "never again."
7. Sponsor both formal and informal educational initiatives, including meaningful inclusion in textbooks at all levels and support for scholars and writers. Efforts should be made to educate the population and, particularly, the youth and future generations concerning the violations committed and the harm suffered: research should endeavour to examine the causes of the crimes, societies ignoring of the crimes, and ways to prevent reoccurrence.
8. Support training in the relationship between the military and gender inequality and the prerequisites for realizing gender equality and respect for the equality of all the people of the region.
9. Repatriate survivors who wish to be repatriated.
10. Disclose all documents or other material in its possession with regard to the "comfort stations."
11. Identify and punish principal perpetrators involved in the establishment and recruitment of the "comfort stations."
12. Locate and return the remains of the deceased upon the request of family members or close associates.
1087 The Tribunal further recommends that the former Allied nations:
1. Immediately declassify all military and governmental records concerning the establishment and operation of the "comfort system" and the reasons why it was not prosecuted before IMTFE International Military Tribunal for the Far East.
2. Immediately declassify all military and governmental records concerning the failure to prosecute the Emperor HIROHITO before the IMTFE.
3. Acknowledge their own failures to investigate and prosecute the crimes committed against the former "comfort women" initially in the post war trials and in the intervening 56 years, and take Measures to investigate, disclose and, in appropriate cases, prosecute surviving perpetrators.
1088 The Tribunal further recommends that the United Nations and all the states thereof:
I. Take all steps necessary to ensure that the government of Japan provides full reparations to the survivors and other victims and those entitled to recover on account of the violations committed against them.
2. Seek an advisory opinion of the International Court of Justice as to the illegality and concerning liability of the government of Japan in regards to the former "comfort women."
* Compare the quotation of James Russel Lowell, “Truth forever on the scaffold. Wrong forever on the throne.”