Verdicts

Abstract

In February 2006, the Tokyo District Court gave a verdict for the lawsuit filed by the three Japanese “women left behind in China,” after four years of deliberation. It rejected the plaintiffs’ claim. The verdict recognized that the damages inflicted upon the plaintiffs were unique and different from those of other war victims. Nevertheless, it stopped short of determining whether the damages exceeded the threshold of the war damages that must be equally endured by all Japanese (which did not warrant government compensation), as rendered at the Japanese Supreme Court of Justice. In addition, the verdict acknowledged that the government had neglected its political responsibilities to facilitate their early repatriation and to assist their self-sufficiency. Nonetheless, it stated that the validity of policymaking and its implementation essentially rested within the discretionary judgment on the part of the executive government. It opined that the “hurdle was high” for recognizing the illegality envisaged in the National Compensation Law on the part of the government. It “fell short of one step” to acknowledge the illegality, because the plaintiffs had returned to Japan by 1988.¹⁺