Legal and Practical Aspects of Private Claims Against Japan

Author: Zhou Hongjun
Publisher:
Publish Date: 2005-01-01
Features: After World War II, the international community, through mechanisms such as the International Military Tribunal for the Far East (the Tokyo Trial), held Japan accountable to some extent for its aggression against China and its invasion of other countries in the Asia-Pacific region. The Tokyo Trial, along with the European Military Tribunal for the Trial of German War Criminals, became the first attempt in modern international law to hold individuals accountable for international criminal responsibility arising from acts that endangered the common interests of humanity. However, the pursuit of Japan's war crimes at that time was not comprehensive, becoming a major shortcoming of the Tokyo Trial. This incompleteness was primarily manifested in (1) the escape of the top war criminal, Emperor Hirohito; (2) the failure to identify and confirm the collective war crimes of the Japanese government and military authorities; (3) the trial only addressing Japan's invasion of the territory and massacre of people in countries in the Asia-Pacific region, failing to account for its extensive plunder of the property of victimized nations such as China, the use of biological and chemical weapons against the people and territory of victimized countries, the forced labor enslavement of civilian and prison populations, and the widespread and severe sexual violations against women in victimized nations. The international crimes constituting these activities and the resulting Japanese state responsibility, including the international criminal liability of the perpetrators, were not adequately addressed or pursued. This book provides a detailed introduction to the various trends of private claims against Japan, explores the international legal rules governing war reparations, analyzes legal disputes in private claims one by one, and compares horizontally the methods and approaches for private claims in various countries.