This case was filed by a number of Korean victim-survivors of the Japanese military’s “comfort women” during World War II in the Seoul Central District Court in December 2016 as a forum of last resort. The high court found Japan liable for tortious acts of military sexual slavery and ordered Japan to compensate the group of 16 women, rejecting the Seoul Central District Court’s holding that Japan qualified for sovereign immunity.
The High Court and South Korean officials consider this to be a final decision for the victim-survivors. All appeals must be filed within two weeks after a court’s written judgment, which was December 8, 2023. The Japanese Foreign Minister, Yoko Kamikawa, stated that they had no intention of appealing against the court ruling because “Japan is not subject to South Korea’s jurisdiction under international law.” At time of writing, there is not yet any indication on whether or not the state of Japan will obey the court’s order to pay both the Claimed Amount from the plaintiffs and the damages for delay.
This judgment represents a significant victory for victims of wartime sexual slavery, and confirms the legal responsibility of the state of Japan in regards to binding norms of international law. This case is the second such decision, the first being from the Seoul Central District Court in January 2021, where they recognized the tort liability of Japan in a lawsuit filed by another group of victim-survivors of the comfort women system.
The court’s unique analysis of both public international law and domestic law presents a roadmap for advocates working in similar spaces throughout the world, whether for victims of wartime sexual violence or other crimes against humanity. In particular, the court’s holding that sovereign immunity did not apply in this case could be utilized by other groups of victims seeking reparations and apologies from state actors.
For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.
The Korean Council for Justice and Remembrance for the Issues of Military Sexual Slavery by Japan, info@womenandwar.net.
MINBYUN – Lawyers for a Democratic Society, admin@minbyun.or.kr.
