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
A.
Introduction and Background of the Proceedings
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Breaking
the history of silence
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The proceedings
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The common
indictment and the application regarding state responsibility
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Notice
to Japan and process for consideration of defense
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The Tokyo
Tribunal as a continuation of the International Criminal Tribunal for the
Far East (1946-1948)
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The accused
Tribunal judges and advisors
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Tribunal prosecutors
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B.
Factual Findings
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Description
of the evidence received
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Development
and operation of the "Comfort Women" System
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Institutionalization
of the sexual slavery system
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Rape
of Mapanique
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Characterization
of the military sexual slavery system
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Who the
"Comfort Women" were
Comfort
women survivors listen to final judgment
C.
Applicable law
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Preliminary Legal Issues
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The principle
of legality
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Due process
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Statute
of limitations
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Head
of state immunity
The substantive crimes charged: Rape and sexual slavery as crimes against
humanity
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Precedents
for the concept of crimes against humanity
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Application
of the threshold conditions of crimes against humanity
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Rape
as a war crime
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Sexual
slavery
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Essential
elements of sexual slavery and the "Comfort System"
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Rape
in the context of the Mapanique
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Slavery
vs. Forced Prostitution: correcting the legal (mis)characterization
D. Individual
Criminal Responsibility
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E.
State Responsibility
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Elements
of state responsibility
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Japan´s
initial violations of Treaty and Costumary Law
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Attributability
of internationally wrongful acts to the State of Japan
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Continuing
concealment of documents
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Continuing
failure to make a full and genuine apology
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Continuing
failure to prosecute and punish those criminally responsible
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Continuing
failure to make official and fair compensation
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Continuing
opposition to formal claims for reparations initiatied by survivors
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Failure
to take measures to protect the integrity, well-being and dignity of the
human persons
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Defenses
to State responsibility
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Conclusion
F. Reparations
and Recommendations
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