WOMENS INTERNATIONAL TRIBUNAL ON JAPANESE MILITARY SEXUAL SLAVERY

CHRISTINE CHINKIN
Background of t! Wo"!n# Int!rnat$ona% War &r$"! Tr$'una% ()))
It was a people's tribunal established to consider the criminal liability of leading highran!ing
"apanese military and political officials# and the separate responsibility of the state of "apan for rape and
se$ual sla%ery as crimes against humanity arising out of "apanese military acti%ity in the &sia 'acific
region in the ()*+s and (),+s#
Series of events that resulted in the establishment of the tribunal
Cases for damages and compensation were filed in "apan by a number of sur%i%ors but none was
acted on fa%orably-
.rustrated by the lac! of effecti%e response and aware that time is running out for them#
sur%i%ors loo!ed to other a%enues for redress
The tribunal arose out of the wor! of %arious women/s N01s across &sia-
Japans Response
2enials from the "apanese go%ernment that there was official in%ol%ement by "apan
Continued to deny legal responsibility- It argued that the women were prostitutes3 that the
peace treaties had terminated all claims3 that indi%iduals ha%e no rights under international law
to claim reparations-
T! Tr$'una%
The tribunal was established to redress the historic tendency to tri%iali4e# e$cuse# marginali4e and
obfuscate crimes against women# particularly se$ual crimes# and e%en more so when they are committed
against nonwhite women-
The Proceedings
Prosecution argument:
- trials at the end of the 55II with respect to the "apanese conduct of war were incomplete in that
they had inade6uately considered rape and se$ual ensla%ement and had failed to bring charges arising
out of the detention of women for se$ual ser%ices
the present tribunal could be seen as an addendum to those earlier proceedings and the named
indicted persons were those who had been tried earlier
'resented sur%i%ors from the comfort stations# %ideos of inter%iews and affida%its to
show7recruitment8 of women through force# !idnapping# coercion and deception- It also presented
documentary and e$pert e%idence that lin!ed those atrocities to "apanese state and Emperor Hitrohito
Defense- Japan:
The "apanese go%ernment was notified by the tribunal but it did not respond to the in%itation
In the spirit of &rticle 9* of the Statute of the IC" on nonappearance# the tribunal sought to
engage with the arguments of "apan for its denial of responsibility
Recei%ed brief and e%idence from a "apanese firm appointed as amicus curiae# "apanese lawyer
Preliminary Judgment by the Panel
.ound Hirohito guilty of the charges on the basis of command responsibility# that he !new or
should ha%e !nown of the offenses
Comfort stations had been systematically instituted and operated as a matter of military policy#
that they constituted crimes against humanity
"apan responsible under international law for %iolation of its treaty obligations and principles of
customary international law relating to sla%ery# traffic!ing# forced labor# and rape# amounting to crimes
against humanity-
Recommended a range of reparations and made other recommendations
Autor# E*a%uat$on+
What is the value of this? ac!ing legal authority" #as the tribunal no more than a moc! trial? $%&
- It is a stri!ing e$ample of the de%eloping role of ci%il society as an international actor
: 'eople/s tribunals are premised on the understating that 7law is an instrument of ci%il
society8 that does not belong to go%ernments# whether acting alone or in institutional arenas
: 5hen states fail in their duty to ensure ;ustice# ci%il society should step in
: & people/s tribunal cannot impose sentences or order reparations# but it can ma!e
recommendations bac!ed by the weight of its legal findings and its moral force
: <ni%ersal condemnation of illegal acts should be recogni4ed whether made under the aegis
of member states of the <N or that of the 7peoples of the <N8
: Such a forum constitutes a public ac!nowledgment to the sur%i%ors that serious crimes were
committed against them- Such ac!nowledgment has been recogni4ed as essential to redressing
feelings of shame and guilt
: & people/s tribunal can thus combine in a single process elements of both war crimes trials
and truth commissions
'haracteristics #hich distinguish the present tribunal and the earlier types of peoples tribunals
Sat in "apan# the country against which the indictment were brought
This is a women/s tribunal
Established by grassroots organi4ers from within the %ictimi4ed countries rather than by
distinguished persons from outside
%ther points to note about the tribunal
Their freedom from the restraints of state mechanisms for international ad;udication enabled the
organi4ers to design the tribunal uni6uely to gi%e effect to the dual ob;ecti%es of assigning indi%idual
criminal culpability and state responsibility from wrongful acts under international law and the duty to
accord reparation for those wrongful acts-
The women/s tribunal collected and compiled historical record- The record as regards the use of
women for se$ual ser%ices by the "apanese military# was supplemented with historical and e$pert e%idence#
which pro%ided a more complete picture of the e$tent and institutionali4ation of the comfort women system
as integral to the "apanese war machine-
The tribunal allowed consideration of the effect of militarism and military ob;ecti%es on gender
relations- Its analysis showed the impact of subordination of the will and personality of the indi%idual
=male> solider to complete obedience and loyalty to the "apanese military machine =lin!ages between
militarism and se$ist attitudes that contribute to se$ual abuse>
The testimony demonstrated throughout the proceedings that the pain of women who were the
sur%i%ors of se$ual %iolence was e$acerbated by their re;ection when they returned to their own
communities- They were forced to suffer in shame and silence because of the pre%ailing se$ist attitudes that
saw them as somehow responsible for their own tragedies- It is hoped that the tribunal will contribute to the
appropriate attribution of responsibility and assist in changing the worldwide pattern of se$ual stereotyping-