The Oral Judgement delivered by the Judges of the 
Women´s International War Crimes Tribunal on 
Japan´s Military Sexual Slavery 
Dec 4, 2001 The Hague


Comfort women survivors receive copy of final judgment
Click

A. Introduction and Background of the Proceedings 

Click

    • Breaking the history of silence
    • The proceedings
    • The common indictment and the application regarding state responsibility
    • Notice to Japan and process for consideration of defense
    • The Tokyo Tribunal as a continuation of the International Criminal Tribunal for the Far East  (1946-1948)
    • The accused
Tribunal judges and advisors
Tribunal prosecutors

B. Factual Findings

Click

    • Description of the evidence received
    • Development and operation of the "Comfort Women" System
    • Institutionalization of the sexual slavery system
    • Rape of Mapanique
    • Characterization of the  military sexual slavery system
    • Who the "Comfort Women" were
Comfort women survivors listen to final judgment

C.  Applicable law

Click

    Preliminary Legal Issues

    • The principle of legality
    • Due process
    • Statute of limitations
    • Head of state immunity
    The substantive crimes charged: Rape and sexual slavery as crimes against humanity
    • Precedents for the concept of crimes against humanity
    • Application of the threshold conditions of crimes against humanity
    • Rape as a war crime
    • Sexual slavery
    • Essential elements of sexual slavery and the "Comfort System"
    • Rape in the context of the Mapanique 
    • Slavery vs. Forced Prostitution: correcting the legal (mis)characterization
D. Individual Criminal Responsibility

Click

E. State Responsibility

Click

    • Elements of state responsibility
    • Japan´s initial violations of Treaty and Costumary Law
    • Attributability of internationally wrongful acts to the State of Japan
    • Continuing concealment of documents
    • Continuing failure to make a full and genuine apology
    • Continuing failure to prosecute and punish those criminally responsible
    • Continuing failure to make official and fair compensation
    • Continuing opposition to formal claims for reparations initiatied by survivors
    • Failure to take measures to protect the integrity, well-being and dignity of the human persons
    • Defenses to State responsibility
    • Conclusion
F. Reparations and Recommendations

Click
 


 
 
 

 


 
 Final Press Conference:

Click