{"id":10418,"date":"2023-09-29T06:00:00","date_gmt":"2023-12-04T17:09:49","guid":{"rendered":"https:\/\/fightforjustice.info\/?p=10418"},"modified":"2023-12-05T08:37:35","modified_gmt":"2023-12-04T23:37:35","slug":"1-9-what-kind-of-problems-are-there-grave-human-rights-abuses-and-crimes-against-humanity","status":"publish","type":"post","link":"https:\/\/fightforjustice.info\/?p=10418&lang=en","title":{"rendered":"1-9 What Kind of Problems Are There? Grave Human Rights Abuses and Crimes against Humanity"},"content":{"rendered":"\n\"\"The Japanese military \u201ccomfort women\u201d system is, as the Japanese Government itself recognizes as \u201can act, with the involvement of the military authorities of the day, that severely injured the honor and dignity of many women\u201d (\u201cKono Statement\u201d in 1993), a grave human rights abuse against women. In addition, sexual slavery in the name of \u201ccomfort women\u201d system is judged as a \u201ccrime against humanity\u201d in the international society. Let\u2019s look at this point at issue.<\/span>\n

Crimes against Humanity and Sexual Violence<\/b><\/h2>\nThe concept of \u201ccrimes against humanity\u201d was born in the 19th<\/sup>\u00a0<\/span>century and established as that of international law in the process of Nuremberg Trials punishing Nazi crimes against Jews and Tokyo Trials judging the former Japanese military and Government leaders. \u201cCrimes against humanity\u201d is the concept of war crimes referring to mass murder of civilian population, extermination, persecution on political, racial or religious grounds, enslavement, deportation, and other inhumane acts when committed as part of a \u201cwidespread or systematic\u201d attack pursuant to or in furtherance of a State or organizational policy to commit such attack. This concept is applied to not only the wartime problems but also the peacetime ones.\n\nRape and sexual enslavement in the war or armed conflict wasn\u2019t punished enough as a war crime in the Tokyo Trials and Class B and Class C War Crimes Trials. However, collective and systematic rape in the former Yugoslavia in the 1990s (part of ethnic cleansing) was independently punished as a \u201ccrime against humanity\u201d for the first time in history in the International Criminal Tribunal for the former Yugoslavia.\n

\"1-8<\/a><\/b><\/strong><\/h2>\n

\u201cComfort Women\u201d System Punished by the Women\u2019s International War Crimes Tribunal<\/b><\/strong><\/h2>\nThe McDougall Report of the United Nations Sub-commission on the Promotion and Protection of Human Rights (1998 and 2000), which made a detailed review of Japanese military \u201ccomfort women\u201d system based on international law, states clearly that because it was a widespread crime and the Japanese military was involved in the establishment, supervision and management of the comfort stations, individual Japanese soldiers must be held individually responsible for \u201ccrimes against humanity\u201d and the postwar Japanese Government remains liable to pay compensation. This report had a big impact on the Women\u2019s International War Crimes Tribunal described below and a resolution on \u201ccomfort women\u201d adopted by European Parliament (27 member states) in 2007.\n\nIn the \u201cWomen\u2019s International War Crimes Tribunal on Japan\u2019s Military Sexual Slavery\u201d held in Tokyo in 2000, which was headed by renowned international legal experts who were the former president or legal adviser of the International War Crimes Tribunal on the Former Yugoslavia, based on enormous materials such as official documents and testimonies of victims and soldiers committing violence about \u201ccomfort women\u201d system, the system was punished by international law at the time of the crimes. In the final judgment (The Hague, the Netherlands, 2001), detailed factual and legal findings of \u201ccomfort women\u201d system were made and rape and \u201ccomfort women\u201d system were judged as \u201ccrimes against humanity\u201d.\n

Why Does \u201cComfort Women\u201d System Constitute a \u201cCrime against Humanity\u201d?<\/b><\/h2>\nIn what sense does the system constitute a \u201ccrime against humanity\u201d?<\/span>\n
\n
\"1-8-2<\/a>

\u5973\u6027\u56fd\u969b\u6226\u72af\u6cd5\u5ef7\u306e\u5224\u4e8b\u56e3\u3002<\/p><\/div><\/div>\nIn the final judgment, \u201cfactual findings\u201d were made that the Japanese military established, supervised and managed facilities for sexual slavery (=comfort stations) for the use of soldiers with the highest level of approval by the Japanese Government, girls and women in the Asia-Pacific region were taken by means of abduction, coercion or deception and forcibly integrated into sexual slavery, and they were continuously raped and imprisoned once they were enslaved.\n\n \n\nDoes it constitute a \u201ccrime against humanity\u201d? The acts from 1937 to 1945 constitute \u201ccrimes against humanity\u201d only if they are \u2460committed before or during the war, \u2461part of a widespread or systematic attack directed against any civilian population and \u2462committed in relation to war crimes of crimes against peace. As shown in \u201cfactual findings\u201d, \u201cwidespread and systematic\u201d rape of \u201ccomfort women\u201d and sexual slavery fulfills the conditions.\n\n \n\nEven in World War \u2161, \u201crape\u201d in battlefield was prohibited by Hague Convention of 1907 and violations of the Convention should be prosecuted as war crimes. Moreover, in those days, there were laws concerning \u201csystematic rape, or sexual slavery\u201d as follows: \u2460Prohibition of slavery by Slavery Convention of 1926 became customary international law until 1937, \u2461Enslavement of the residents in the occupied areas was prohibited by Hague Convention of 1907 (ratified by Japan), \u2462Forced labour was prohibited by Forced Labour Convention of 1930 (ratified by Japan), \u2463International Convention for the Suppression of the Traffic in Women and Children of 1904, 1910 and 1921 were ratified by Japan, and \u2464Forced prostitution was prohibited by customary law and Japanese defendants were found guilty in the postwar Netherlands Court Martial (Class B and Class C War Crimes Trials).\n

Rape and \u201cComfort Women\u201d System as a \u201cCrime against Humanity\u201d<\/b><\/h2>\nFurthermore, the final judgment states that \u201ca crime of \u2018sexual slavery\u2019 was a form of enslavement and forced labour, and even the term \u2018sexual slavery\u2019 wasn\u2019t used from 1937 to 1945, it is recognized as a crime against international law in those days\u201d.\n\nAs a conclusion, the final judgment clearly acknowledged that \u201cDuring World War \u2161, the Japanese military and Government authority committed rape and sexual slavery as a crime against humanity against tens of thousands of women forced to be sexually subordinate to the Japanese military as part of \u2018comfort women\u2019 system\u201d.\n\nLike this, \u201ccrimes against humanity\u201d are constituted by \u201cwidespread or systematic\u201d murder, extermination, enslavement, deportation, and other inhumane acts. In that sense, it should be noted that \u201ccomfort women\u201d system is rape and sexual slavery as a \u201ccrime against humanity\u201d and a grave human rights abuse against women committed by the Japanese military and Government.\n\n\"\"\n\n\u3008References\u3009\n\n\u30fbWritten by Gay McDougall, translated by VAWW-NET Japan, \u201cHow to Punish Sexual Violence\u2015Complete Translation of the UN McDougall Report<\/i>\u00a0<\/span>(newly enlarged edition, 2000)\u201d, Gaifusha, 2000.\n\n\u30fbEdited by VAWW-NET Japan, \u201cThe Entire Record of the Women\u2019s International War Crimes Tribunal\u00a0<\/span><\/i>\u2161<\/i>\u2015Women\u2019s International War Crimes Tribunal\u00a0<\/span><\/i>on Japan\u2019s Military Sexual Slavery Vol.6<\/i>\u201d, Ryokufushuppan, 2002.\n","protected":false},"excerpt":{"rendered":"

The Japanese military \u201ccomfort women\u201d system is, as the Japanese Government itself recognizes as \u201can act, with […]<\/p>\n","protected":false},"author":9,"featured_media":9625,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"swell_btn_cv_data":"","footnotes":"","_links_to":"","_links_to_target":""},"categories":[216],"tags":[],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/fightforjustice.info\/index.php?rest_route=\/wp\/v2\/posts\/10418"}],"collection":[{"href":"https:\/\/fightforjustice.info\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fightforjustice.info\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fightforjustice.info\/index.php?rest_route=\/wp\/v2\/users\/9"}],"replies":[{"embeddable":true,"href":"https:\/\/fightforjustice.info\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10418"}],"version-history":[{"count":3,"href":"https:\/\/fightforjustice.info\/index.php?rest_route=\/wp\/v2\/posts\/10418\/revisions"}],"predecessor-version":[{"id":10425,"href":"https:\/\/fightforjustice.info\/index.php?rest_route=\/wp\/v2\/posts\/10418\/revisions\/10425"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fightforjustice.info\/index.php?rest_route=\/wp\/v2\/media\/9625"}],"wp:attachment":[{"href":"https:\/\/fightforjustice.info\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10418"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fightforjustice.info\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10418"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fightforjustice.info\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10418"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}