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Mock trial forces Japan to confront wartime past

By Suvendrini Kakuchi
December 13, 2000

Tokyo - A mock trial in the Japanese capital, which looks into sexual slavery used by Japanese troops during World War II, is putting public pressure on the country to look once again into its wartime record.

From the first testimonies given on Friday, the start of the five- day tribunal, it is clear that the wounds of more than five decades old are no less painful for the 200,000 Asian women who were forced into Japan's system of using "comfort women" for its troops that occupied the region.

"We demand justice for the victims of this military system that abused and even murdered young women conscripted into the 'comfort women' system in the name of the Japanese Emperor," South Korean prosecutor Park Woon-soon told the court. "We are not seeking revenge but believe that by seeking a guilty verdict for the perpetrators we are laying the foundation for peace in the 21st century," Park added.

The tribunal is not legally binding, and the Japanese government has kept silent on the event. A ruling will be handed down on Tuesday with a full "judgement" to be released in March 2001.

But the team of experts and aging survivors from countries like the Philippines, China, Taiwan, Indonesia, Malaysia and East Timor aims to put pressure on the Japanese government to render full and complete restitution to the women victims, and end what it calls the cycle of impunity where perpetrators are glorified as war heroes.

Organizer Yayori Matsui pointed out that sexual violence committed by the Japanese Imperial Army was hardly touched by the 1945-1948 International Military Tribunal for the Far East in Tokyo set by the Allied Forces after the war. Thus, Matsui says, the women's tribunal (modeled after the 1967 International War Crime Tribunal on the Vietnam War by the British philiosopher Bertrand Russell) is expected to clarify the nature and extent of both individual and state responsibilities over the issue.

Details about the wartime "comfort women" system emerged only in the Nineties, and suits in court against the Japanese government have progressed slowly. Japanese officials have made verbal apologies for wartime atrocities. In 1995, Japan set up a fund for private money to be used as compensation for the victims, but this remains controversial as many former sex slaves, most of them in their elderly years, want an official apology.

The first day of the tribunal opened with a strong lobby by South and North Korean prosecutors and survivors to find responsible for the abuse of Korean women the Japanese state and six high officials including Emperor Hirohito, who was Japan's wartime divine head of state.

Ten Korean lawyers, history professors and other academics supported their statements with verbal, video and documentary evidence, such as memoirs kept by senior military officials and historical research. Koreans are estimated to make up 80 percent of the Asian women forced into sexual slavery.

More than 1,200 people filled the hall to hear the tribunal, and viewed shocking videos documenting injuries inflicted on the women by Japanese soldiers who reacted violently if the women disobeyed them. Likewise, survivors appeared before the tribunal issuing tearful statements and calling for justice to restore their dignity.

Seventy-eight-year-old Kang Jon-suk, dressed in Korean national costume, told the judges how she was taken away to Manchuria by the police when she was 15 years old. Her father was told his daughter was going away to work. "The soldiers kicked and beat me. I served more than a dozen men each day and they made me work even when I was menstruating. There were many rooms where girls like me were locked up," recounted Kang.

South Korean prosecutor Kang Jeong-sook added that the girls were abandoned by the Japanese army after Japan's defeat by Allied forces in 1945. Many of them, left penniless, had to find their way home where they were discriminated against and not accepted by their relatives. She said 1,988 survivors have come forward with their stories, with 65 going public. More than 90 percent continue to suffer both physically and psychologically from their experiences. They also live alone and depend on state support, Kang added.

Prosecutors also asked the judges in the mock tribunal to base their judgments on the fact current proceedings are hampered by lack of evidence, as most of the documentary evidence was destroyed by the Japanese government after their defeat in World War II. The four judges in the trial include Gabrielle Kirk McDonald, former president of the War Crimes Tribunal on the former Yugoslavia.

The organizer of the tribunal, Violence Against Women in War Network, had sent an invitation to the Japanese government requesting a defense team. But the group says it has received no answer.

Instead, lawyer Tsugio Imamaura, representing the Japanese government's argument, pointed out that all the accused are now dead. Imamaura added that as stated in the Japanese legal system, the statute of limitations state that survivors lose their right to file a suit 50 years after the incidents occurred.

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