Litigation and compensation

Litigation against Japan—Taiwanese “comfort women” demand damages from the Japanese government

Litigation against Japan.

Taiwan's "comfort women" sue Japanese government for damages.

On August 17, 1999, hundreds of Taiwanese and Japanese supporters and nine Taiwanese "comfort women" grandmas went to the Tokyo District Court in Japan to file a petition in person, proposing that "Taiwanese comfort women demand compensation for damages from the Japanese government." The lawsuit requires the Japanese government to formally apologize to the victims and compensate each person NT$3 million. On October 15, 2002, the Tokyo District Court ruled that the first instance of the case had failed, on the grounds that "individuals are not eligible subjects of claims under international law" and "the state had no liability to compensate individuals for damages before the implementation of the State Compensation Law (the state has no responsibility)". The request was rejected because "the right to claim was outside the statute of limitations". Later, in 2004, the Tokyo High Court ruled that the second trial had failed, and in 2005, the Tokyo Supreme Court ruled that the third trial had failed.

(In December 1991, four surviving "comfort women" from South Korea filed a lawsuit with the Tokyo District Court in Japan, becoming the first victim country in Asia to file a lawsuit against Japan.)

In 2002, the Tokyo District Court ruled against the case, and one of the plaintiffs, Grandma Daimo, had to go to Tokyo to protest in a wheelchair. Grandma Li Yuchuan, who passed away, was paraded on the streets for two hours with her granddaughter Yang Shuru and support groups.

Women's International War Tribunal 2000.

The Japanese government's evasion of war responsibility has aroused the grievances of civil rights activists, who want to fight for justice and seek justice for the surviving victims. The Japanese civil society organization "Protection Organization for Women Violated in War" launched the "2000 Women's International War Tribunal" (referred to as the 2000 Tokyo Tribunal) in 2000. It was held in Tokyo, Japan from December 7th to 12th (the anniversary of the Japanese attack on Pearl Harbor), inviting comfort women victims and support groups from Taiwan, China, South Korea, North Korea, the Philippines, Indonesia, East Timor, the Netherlands and other countries. Thousands of people participated in this event.

The establishment of this women's trial court was a result of public demand and was a unique and high-profile historic judgment in the history of international law. It is organized as a private trial court and uses the same doctrine as a formal international court. Participants in the court trial include a panel of four judges, two prosecutors general, a number of historians, experts, and 75 victims ( comfort women), and two Japanese soldiers participating in the Pacific War.

The verdict was based on the testimony of victims from various countries who appeared in court to state that they were inhumanely treated and abused by the Japanese army, as well as the testimony of two Japanese soldiers who confessed to participating in the atrocities committed by the Japanese army. The outcome of the trial was that Emperor Hirohito, several military generals, and the Japanese government that established and developed the comfort women system were found guilty of violating international humanitarian law.

The trial court recommended that the Japanese government should bear legal responsibility, not moral responsibility; the country needs to bear national liability for compensation because it is unable to fulfill its obligations under international law, and should apologize frankly and promise not to commit the crime again. The Japanese government should also conduct sexual slavery by the Japanese military. Investigate and publish all documents related to the comfort stations to make this information available to the public, and subsidize schools at all levels to preserve historical materials so that history textbooks can mention this matter. In addition, we should also pay tribute to the victims and establish memorial halls, museums, libraries, etc. to commemorate and learn lessons.

Above: After the Tokyo trial, representatives from various countries took photos with "comfort women" survivors. This is a moment in history and a moment of justice.
The above is from "Scars of Silence - Historical Image Book of Japanese Military Comfort Women"​

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