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Special Report |
LAST UPDATE November 22, 2005
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| August 24, 2005 |
Overcoming the Past by Recognizing History – Managi Izutaro |
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| Izutaro Managi (center) and a Korean interpreter leading the workshop |
In an onboard workshop entitled “Overcoming the Past by Recognizing History,” Sapporo Gakuin University lecturer Managi Izutaro shared with about 40 Korean and Japanese participants the legal struggle for recognition and justice undertaken by victims of Japan’s military in WWII. |
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According to his research, there have been over 80 lawsuits filed by plaintiffs from China, Korea, Taiwan, the Philippines, the Netherlands, and other countries. They are victims of a wide range of atrocities, including sexual slavery, the Rape of Nanjing, biological and chemical experimentation carried out on live humans by the infamous Japanese Medical Unit 731, forced labor, and chemical weapons. Yet in only five cases has recognition and compensation been awarded. The Japanese government has relied on three main strategies for defeating the plaintiffs. The first simply relies on the fact that almost all victims are very old, and by stalling and dragging out court cases, the victims cannot carry on. Second, the position of the ruling LDP in the Japanese government is that the government cannot be held responsible for what happened to individuals. Third, in Japanese civil law, there is a 20 year limit from the time of the incident for the victim to bring the case to court. In the few victories, judges recognized that the Japanese government should have made compensation yet did nothing. Yet the victories are rare; the dominant approach is to fight against the claims of the victims, until the victims cannot fight anymore.
At the government level, up to 70 legislators have attempted to enact laws for the official recognition and compensation of victims, yet none has been successful of yet. The ruling LDP views the war as a just and unavoidable war, and will not accept the idea that the war was one of aggression. On the other hand, the example of Germany provides stark contrast. Since the end of WWII, various legislation has been enacted to recognize the crimes committed during the war, provide compensation to the victims, and take steps towards reconciliation with its neighbors.
Finally, Professor Managi emphasized the importance of the process of carrying on the legal battles for recognition and justice as a concrete way of overcoming the past. After WWII, Japan promised that it would remain de-militarized and never again undertake a war of aggression. Inter-linked with these goals was the transition from an Emperor-led state to a democracy by and for the people. So how Japan faces the issue of war responsibility is directly connected to the question of what kind of country has modern Japan become. And for this reason, we should not only focus on the text in the constitution, but keep alive the struggles to recognize and correct past wrongs. |
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