Japan's wartime compensation: Forced labour

Asia Pacific Journal on Human Rights and the Law

Volumn 1, Issue 2, 2000, Pages 1-54

  Schmidt, Petra ^a  

^a UNIVERSITY OF SYDNEY   (Australia)

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EID: 34248096619     PISSN: 13881906     EISSN: 15718158     Source Type: Journal    
DOI: 10.1163/15718150020954796     Document Type: Article

References (133)

1. The National Mobilisation Law was passed by the Diet in 1938, providing it with a vast reserve of emergency authority. Among other things, it provided for the direction of labour and materials, as well as the regulation of wages and prices, the government operation of certain industries, and even for a compulsory savings scheme and a system of national registration. W.G. Beasly, The Modern History of Japan (New York, St. Martin's Press, 3rd. ed. 1991), p. 252.
2. At the time a surplus of labour existed in Korea, mostly caused by land reforms and economic measures taken by the Government General of Korea in Keijo (Seoul). There was no work to be found in not yet industrialised Korea, forcing the unemployed to search for employment elsewhere, mostly in developed Japan. Kang Man-Gil, "Shinryaku senso-ki ni Nihon e kyosei doin sareta Chosen-jin rodo-sha no teiko" (Resistance of Korean Labourers, Forcibly Brought to Japan During the Period of the War of Aggression), in Sabakareru Nippon, ICJ kokusai seminaa Tokyo iin-kai (ed) (ICJ kokusai seminaa Tokyo iin-kai, 1996), pp. 159, 161, et seq.
3. Chosen romu-sha naichi iju ni kansuru ken.
4. Kokka sodoinho, enforced 5 May 1938.
5. Romu doin jisshi keikaku.
6. Kan-assen, February 1942 until August 1944.
7. Choyo, February 1944 until August 1945.
8. Kokumin chdyo-rei.
9. Joshi teishin-tai. The Women Volunteer Service Corps were organised based upon the Ordinance on the Mobilisation of Women's Voluntary Labour (Joshi teishin kinro doin-rei) of 23 August 1944. Female volunteers, however, had been drafted and sent to Japan even before the enactment of this ordinance.
10. Romu doin jisshi keikaku.
11. There was a multitude of other methods and schemes to make Korean labour available for Japan, when and wherever needed. Every single Korean able to work was in some way or another included in either '"mediated emigration" (assen imin), the Patriotic Labour Leagues (Kinro hokoku-tai), and the Patriotic Students' Leagues (Gakuto hokoku-tai). Paek Bong-Gyu, Chosen hondo de kyoko sareta Nihon teikoku shugi ni yoru Chosen-jin kydsei rodo, (Korean Deportation and Forced Labou, Enforced by Japanese Imperialism in Korea), supra, note 2, p. 153. To carry out mobilisation as efficiently as possible, the Korean League for Total National Spiritual Mobilisation (Kokumin seishin sddo-in Chosen renmei) was founded in July 1938. The original organisation was the Korean Central Information Association (Chosen chud joho iin-kai), established in 1937. In practice it was controlled by the Korean Government-General and was made up of private institutions such as schools, factories, banks, companies, etc., thus being active and effective on a broad scale. Sub-units existed in prefectures, counties, and down to the smallest hamlet. At the bottom end, ten households were organised in "patriotic groups" (aikoku-ha). In June 1939, a total of 347,728 patriotic groups were counted throughout the country, meaning that the greater part of the Korean population was under the organisation's control. Chong Jin-Song, Nihon teikoku shugijiki no josei rodd no sakushu ("The Exploitation of Female Labour by Japanese Imperialism"), supra, note 2, pp. 173, 176, and 190. After the restructuring of the League into the Korean League for National Devotion (Kokumin soryoku Chosen renmei), by December 1940 the number of "patriotic groups" had increased to 380,000. In 1940 the Labour Introduction Offices came under the supervision of the Government, the Labour Office (Romu-kyoku) was separated from the social affairs wing of the Government-General, and a Labour Department (Romu-ka) was newly established. This again was dissolved in 1944 and divided into a Labour Commandeering Department (Kinro chosei-ka), a Labour Mobilisation Department (Kinro doin-ka) and a Labour Guidance Department (Kinro shidd-ka). In 1941 the Korean Labour Association (Chosen rodd kyokai) was founded, preparing the ground for mobilisation by the police. Onuma Yasuaki, Saharin Kimin ("The People of Sakhalin") 6 (1992).
12. Nihon no senso hosho ("Japan's Wartime Compensation") (Nihon bengoshi rengo-kai 1994), p.72;
13. The overall figures also vary widely. Yamada (supra, note 12, p. 169) gives the following as minimum figures: - Koreans mobilised to Japan: between 738,061 to 870,377; - Koreans mobilised in Korea: about 3,327,630; - In Karafuto, the Pacific Region, Manchuria and China: about 63,166; - Total number: between 4,128,857 and 4,261,173. See also Lee Chong-Sik, Japan and Korea: The Political Dimension (Stanford: Hoover Institution Press, 1985), p.19.
14. citing Tsuboe Senji, Zai-nihon chosen-jin no gaikyo ("The Situation of Koreans in Japan") (1965), pp. 20 et seq., speaks of 551,674 Korean labourers entering Japan in 1944, and 604,429 in 1945, among them 148,807 and 148,549 freely mobilised labourers. The figures do not include workers conscripted by the military.
15. Hong Sang-Jin, "Korean Forced Laborers" in War Victimization and Japan, Executive Committee International Public Hearing (ed), (Tokyo: Toho Shuppan, 1993), pp. 98-100, cites a report by the Health and Welfare Ministry, dated 26 September 1941. In total, presumably around 60% of all Koreans who had been sent to Japan as labourers had to work in mines. Also, large numbers worked in civil engineering and construction, stevedoring and transportation as well as in factories - all physically extremely demanding work.
16. Lee, supra, note 18, p. 15; also see Michael Weiner, "The Representation of Absence and the Absence of Representation: Korean Victims of the Atomic Bomb", in Michael Weiner (ed), Japan's Minorities: The Illusion of Homogeneity (New York: Routledge, 1997), pp. 79-85.
17. As of August 1944, 2,142 Korean labourers were reported killed and 735 missing in the South Pacific. Pak Kuong-Sik, Chosen-jin kyosei renkdno kiroku ("Records of the Forced Mobilisation of Koreans") (1965), pp. 20 and 90.
18. Kinro hokoku-tai.
19. Ustinia Dolgopol and Snehal Paranjape, Comfort Women: An Unfinished Business (Geneva: International Commisssion of Jurists, 1994), p. 24. Although these corps had existed already for several years, the first "official" corps was formed in Heijo (Pyongyang) in April 1944
20. Joshi teishin-tai kinrd-rei.
21. Students were also mobilised under the "Outline of the Execution of Students' Patriotic Labour Corps" (Gakuto kinro hokoku-tai jisshi yoko) of June 1938. Twice during the war students were requisitioned: in July 1943 under the "Outline on the Quotas of Wartime Students' Mobilisation" (Gakuto senji doin taisei kakuritsu yoko), and in February 1944 under the "Outline on Extraordinary Measures for the Decisive Battle" (Kessen hijo sochi yoko). See supra, note 17, pp. 72 and 289.
22. In the war with Russia, Japan had gained the Manchurian Railway, and set out to develop the resource-rich territory. Japanese enterprises flooded the area; their labour demand was satisfied by bringing in Chinese from Northeastern China. But rarely did they come voluntarily. In April 1941, the Guandong Army and the North China Army resolved to secure for that year a total of 1.1 million Chinese labourers. In July, the North China Labour Association (Kahoku roku kyokai) was established as a labour control organisation. More Hakushi, "Kakyo shukusei, romusha doin - mareeshia no baai" ("Purge of Overseas Chinese Merchants, Transfer of romu-sha - The Malayan Case") in Sengo Hosho ("Wartime Compensation") (1994), pp. 145-149, with further references.
23. Despite considerable increases in the total workforce between 1937 and 1940, the number of workers in the mining industries had increased under-proportionally and even decreased thereafter. It was especially this industry which had urged the government to employ Chinese labourers. For details see N.N., "Chugoku-jin kyosei renko no nikki" (Diary of Chinese Deportation), (1960) 173 Sekai, pp. 131-141.
24. Kahoku roko kyokai.
25. Uchida Masatoshi, "Hanaoka jiken" (The Hanaoka Incident), (1992) 452 Hogaku Seminaa, p. 68.
26. Kajin rodo-sha inyu no ken.
27. Fuduka Shoten, ("The Hanaoka Incident"), in Utsumi Aiko et al. (eds) Sengo hoshd ("Wartime Compensation") (1994), pp. 114-116.
28. A concise study can be found in Nozoe Kenji, Hanaoka jiken o ou ("In Pursuit of the Hanaoka Incident") (1996).
29. Martin Kaneko, "Chinesische Zwangsarbeiter und ihr Wiederstand: Der Aufstand von Hanaoka und die Verweigerte Wiedergutmachung" ("Chinese Forced Labourers and their Resistance: The Hanaoka Uprising and Refused Compensation"), in Eva Bachmeyer, Wolfgang Herbert, Sepp Linhardt (eds), Referate des Achten Japanologentages vom 26. Bis 28 September 1990 in Wien (Wien: Institut fur Japanologie, 1992), pp. 344-348, with further references.
30. Ian Buruma, Wages of Guilt, (London: Jonathan Cape, 1995), p. 277;
31. 80 men died as a direct result from torture, many others later from the after-effects: about 100 during July, 49 in August, 68 in September, 51 in October, and nine in November. Compared to the average death rate of forced labourers of 17,5%, this death rate is extremely high. See Japan Times, 30 October 1994, p. 2.
32. The total population of Java in 1944 was 50,420,000, with a labour force of 24,985,630, and a mobile (recruitable) population of 12.497,815. A survey by the Japanese military in November 1944, classified romusha in six categories, namely heiho, giyugun (volunteer defense army), jobi tomusha (permanent romusha), rinji romusha (temporary romusha), ginosha (technicians), and kinroshi (labour service). The total figure was given as 2,623,691. Strictly speaking, categories three and four are true romusha- But the experience of some heiho was almost the same as romusha. Herbert Feith, "Indonesia", in Governments and Politics in Southeast Asia, George McTurnan Kahin (ed). (Ithaca: Cornell University Press, 1964), p. 198, gives their number as 300,000.
33. " Joyce C. Lebra, Japanese Trained Armies in Southeast Asia, (Hong Kong: Heinemann Educational Books (Asia), 1977), p. 147.
34. A report by the Kanchanaburi prefectural police office dated 5 September 1943 and the Governor of Kanchanaburi prefecture speak of 40,000 to 70,000 romusha in late 1943. The nationality of the labourers included Chinese, Malay, Mon, Burmese, Indonesian, and Thai. Hiroike Toshio, Taimen tetsudo - senjo ni nokoru hashi ("The Burma-Thailand Railway: The Bridge Remaining on the Battlefield") (1971), p. 237.
35. Ota Tsunezo, Biruma ni okeru nihon gunsei-shi no kenkyu ("A Study on the History of Japanese Military Administration in Burma"), (1968). The Burmese Government speaks of 177,000.
36. Hugh V. Clarke, A Life for Every Sleeper: A Pictorial Record of the Burma-Thailand Railway (Sydney: Allen and Unwin, 1986);
37. Hiroike, supra, note 58, pp. 357 et seq. Malayan survivors tell that they had been promised by Japanese soldiers that the contracts would be for only one to four months. Most, however, were not released until the end of the war. Out of 780 men who were mobilised from one single Malayan village called Senonban, only 49 survived the war to return home. Mori Hakushi, "Nihon wa nam o shita ka, nani o uttaerarete iru ka, Mareeshia Shingapooru" ("What has Japan Done, What is Demanded? Malaysia, Singapore") (1994) 501 Sekai, pp. 158 and 159.
38. Lord Russell of Liverpool, The Knights of Bushido (London: Chivers Press, 1958), p. 108, speaks of 60,000 dead romusha.
39. Others speak of more than 100,000. Asahi shinbun sengo hosho mondai shuzan-kai, Sengo hosho to wa nani ka ("What is Wartime Compensation?") (1994), p. 91. Southeast Asian women, too, were mobilised. Not only did they frequently follow their husbands to the sites, but in Malaysia, women were recruited to work in volunteer armies or units (giyu-gun, giyu-dan) from August 1943. From 1944, women's organisations were set up in cities, towns and districts. Details in Bamadhaj Asiah Bt. Abu Samah, The Emancipation of Malay Women, (Kuala Lumpur: University of Malaya Department of History, 1960), pp. 39 et seq.
40. Matsui Yayori, Romusha o otte ("In Pursuit of romusha"), in Asahi Shinbun, 2 May 1991.
41. Gunji kaisha-ho.
42. In the meantime, it had been confirmed that the Health and Welfare Ministry holds lists with the names of 240,000 Koreans, who had been forcibly mobilised as soldiers or civilian military personnel. During a visit by the South Korean President in May 1990, the Japanese Government promised to search for such lists, and on 7 August 1990 published a report "On a Study on Name Lists of So-Called Requisitioned Koreans" (Iwayuru chosen-Jin chdyd-sha-td ni kanstmi meiran chdsa ni tsuite) with 67,609 names, which had been found in the archives of the Labour Ministry and the Defense Agency. Names of a further 3,854 Koreans were discovered in regional archives. Later on additional lists were publicised. It was only in 1997 that for the first time a former Korean forced labourer was notified by the Japanese Government that his name had been found on a list. Supra, note 21, p. 106; Tobida Hiroo, "Nihon kakuchi no kyosei renko" ("Deportation Throughout Japan"), in Utsumi Aiko et al. (eds), Sengo hoshd ("'Wartime Compensation") (1994), pp. 91-93; Daily Yomiuri, 12May 1997, p. 2.
43. Some of these companies are today's Sumitomo, Mitsubishi, Mitsui, Kajima Kensetsu, Obayashi-gumi, Kumagai-gumi and other construction companies, carmakers such as Toyota, Nissan, Mazda, etc. The conglomerate of giant construction companies, which had already existed during the war, in November 1945 was reorganised under the name of the Association of the Construction Industry of Japan (Nihon kensetsu kdgyd-kai). Within this association, a Committee for Measures for Chinese and Korean Labourers (Kasen rdmu taisaku iin-kai) was established, which in July 1947 drafted a "top secret" document, the "Activity Report of the Committee for Measures for Chinese and Korean Labourers" (Kasen rdmu taisaku iin-kai katsudo kiroku). This Activity Report, among others, included the committee's diary, which stated for 16 August 1945: "The War Ministry ordered the burning of statistics, edicts and other important documents on Chinese and Koreans during the war. All documents, including private ones, except for the documents of the accountance, were burnt. This took three days." Martin Kaneko, "Verweigerte Wiedergutmachung an die Chinesischen Zwangsarbeiter" ("Refused Compensation for Chinese Forced Labourers"), in Wissenschaftliche Jahrestagung: Harmonie als Zentrale Wertvorstellung der Japanischen Gesellschaft - Erklarung oder Verklarung? 28-30.11.1990 (Japanisch-Deutsches Zentrum, 1990), pp. 123-126. with further references. Even today, most companies hesitate to talk about forced labour in their histories. If mentioned at all, it is often done very superficially and one-sided. Responsibility is principally denied. One of the few exceptions is Shin-Nippon Steel, which openly reports this part of its predecessor's, Nippon Iron and Steel, history. When the war ended on 15 August 1945, a total of 5,555 Korean labourers had been employed at the company's six plants. The company history reads: "Between 3942 and 1943, Nippon Steel secured labour with various methods. In Hachiman and Hakodate as well as other sites requisition was applied and. also Korean workers had been brought in groups as special workers besides students and female volunteer groups as well as patriotic labour troops. According to the company history of Mitsubishi Mining (today's Mitsubishi Material), 17,000 out of 50,000 miners were Chinese or Korean. The company history of Zenidaka-gumi indicates: "Almost all of our workers were drafted during the war. Therefore at the time of the end of the war, over 90% of the workers at the Japanese site were of Korean or Taiwanese origin." Chizaki kogyo, one of the central construction companies at the time, reports in its history: "Foreign workers came to Japan through an organisation called Chuo kyowa-kai. Since almost all energy-consuming industries such as construction, mining, etc. worked for the munitions industry, foreign labourers became indispensable." Almost none of the histories, however, include examples of the companies themselves mobilising. The Aida-gumi hyakunen-shi (Hundred Years History of Aida Gumi), however, is one of the few examples. For the construction of a power plant "those who had been mobilised had been deported Koreans and Chinese. As for the Koreans, the personnel department of the company repeatedly had recruited in Korea. The number of mobilised Koreans was about 1,000."
44. Kankoku genbaku higai-sha kyokai.
45. Kankoku no genbaku higai-sha o kyuen sum shimin no kai, "Mitsubishi choyo-ko hibaku-sha mondai" ("The Issue of kibakusha Commandeered by Mitsubisho"), in Utsumi Aiko et al. (eds), Sengo hosho ("Wartime Compensation") (1994), pp. 66-67.
46. cites Chosenjin no hibakusha et seq. (1989).
47. Choe Bong-nyon had been taken to Japan in 1943 at the age of 14, and Lee Jong-suk in 1944 at the age of 12. They were forced to work at the factory until the end of the war. The two were told they would be able to study while they worked and would receive diplomas from a girls school. They were never given a diploma and both were forced to put their wages into savings that they never received. In addition, Choe lost her right index finger while working in the factory. Ko Dok-hwan was brought to the factory in 1944 and never received any wages. Asahi Shinbun (evening edition), 24 July 1996, p. 1.
48. See eg Mainichi Daily, 25 July 1996, p. 10.
49. Asahi Shinbun (evening edition) 24 July 1996, pp. 1 and 13. Even though the Fujikoshi case was dismissed on the grounds of time bars having set in, it was said that the period of limitation had only started on 28 August 1991. Thus it is possible that claims such as unpaid wages, etc. have not expired and can be confirmed. Principally, the statute of limitation in the Japanese Civil Code is set at ten years, but for wage claims at one year. In environmental pollution trials, for example, the period of limitation does not simply start with the knowledge of damage, but with knowledge of the fact that it is possible to sue for damage compensation. The decision shows that this principle is also applied in wartime compensation cases. This is understandable when one considers that the three plaintiffs have lived in a country with a different legal system, and that in Japan wartime responsibility has not been pursued and facts studied sufficiently.
50. While agreeing that the action was illegal, Judge Arimitsu pointed out that under the previous constitution, replaced in 1947, the Government could not be sued for compensation even if it committed unlawful acts. Mainichi Daily News, 8 December 1997, p. 12.
51. Daily Yomiuri Online, 2 October 1998, http://www3.yomiuri.co.jp.
52. htip://www.interlog.com/-yiian/japan.html.
53. Asahi Shinbun Online, 8 April 1999, Asahi Shinbun Online.
54. Repatriation to North Korea was made possible by a 18 December agreement, Repatriation of Japanese Prisoners and Japanese Nationals from the Soviet Union or Soviet-ruled Territories and of Korean Nationals in Japan to North Korea, North of the 38th Parallel (Soren to soren shihai-ka ni aru rydchi kara no niho). The South Korean side in 1947 and 1948 repeatedly requested GHQ assistance. The latter complied only half-heartedly in light of the economic situation in South Korea, which could not have coped with the influx of another 40,000-plus people. Onuma, supra, note 15, p. 29; Takagi Ken'ichi, "Saharin zanryu Kankoku Chosen-jin" ("Korean Left Behind on Sakhalin), in Utsumi Aiko et al. (eds), Sengo hosho ("Wartime Compensation") (1994), p. 46.
55. Joint Communique of October 16, 1956, 1 jail 129 (1957). A detailed study can be found in Takano Yuichi, "Nisso kyodo sengen" ("Joint Japan-Soviet Communique"), (1956) 119 Jurisuto, p. 2
56. and Me Keishiro "Nisso kyodo sengen" ("Joint Japan-Soviet Communique"), (1956) 28-12 Horitsu Jiho, pp. 58 et seq.
57. 92 Karafuto yokuryu kikan-sha domei, founded by Sakhalin returnees in Tokyo on 6 February 1958; 1,410 families with 5,348 members desired to go to South Korea, and 334 families with 1,576 members to Japan.
58. Takagi Ken'ichi, "Saharin sanryu Kankoku-jin Chosen-jin hosho seikyu sosho" (Lawsuit Concerning Compensation Claims by Koreans Left Behind on Sakhalin), (1992) 452 Hogaku Seminaa, pp. 52 et seq.
59. Zai-saharin kankoku-jin shijo kyodo jigyd-kai
60. Lucy Jones, "Sakhalin's Koreans seek cash from Japan to return home", in Daily Yomiuri, 16 April 1997, p. 8;
61. also see Mainichi Daily, 29 October 1994, p. 12.
62. Takagi, supra, note 85, p. 58. Also see Kim-Gibson, Dai-sil, A Forgotten People: The Sakhalin Korean, (Video documentary, 1996).
63. cites R.J. Lifton and E. Markusen, The Genocidal Mentality, (New York: Basic Books, 1990), p. 23.
64. Weiner, supra, note 25, p. 88 cites Hibaku Chosen-jin mondai to (Chohikyo) (1979), pp. 251 et seq.
65. Japan Times, 6 August 1996, p. 3.
66. "Hiroshima Nagasaki chosen-jin hibaku-sha jittai chosa-dan, chosen-jin hibaku-sha no jittai hokoku-sho" ("Report on the Facts about Korean Hibakusha") (1979);
67. also see http://www.nando.net/newsroom/nt/804hirosh.htm.
68. 111 Senji saigai hogo-hd; Law No. 71/1942.
69. Genbaku iryo taisaku kyogi-kai.
70. Matasaka Tsuneto, "Genbaku tokubetsu sochi-ho no seitei" ("Enactment of the Law on Special Measures for the Victims of the Atomic Bombs") (1988) 900 Juristo, p. 162.
71. Genshi bakudan higaisha iryo-toni kansuru horitsu; Law No. 41 of 1957.
72. Genshi bakudan hibakusha ni taisuru tokubetsu sochi ni kansuru horitsu; Law No.53/1968. On the process leading to the enactment of the law see Matasaka, supra, note 113. Under this law, hibakusha with valid techo are entitled to healthcare, nursing, and medical treatment allowances, as well as allowance limiting tax liability.
73. In 1967, Korean hibakusha founded the "South Korean Atom Bomb Victims Association" (Kankoku genbaku higai-sha kyokai), demanding assistance and compensation from the Japanese government. For additional details on Korean hibakusha and movements see Yoshioka Osamu, "Kankoku no hibakusha wa uttaeru" ("Korean hibakusha Sue"), (1969) 279 Sekai, pp. 170 et seq.
74. Sun had been apprehended on two earlier occasions (1951, 1964), when he had sought medical treatment in Japan. Sun's sister, also a hibakusha, almost immediately after her entering Japan in 1968, was sent back to Korea for violations of the immigration laws. Araki Seishi, "Kankokujin hibakusha to genbaku iryo" ("South Korean hibakusha and Medical Treatment") (1975) 598 Jurisuto, pp. 64-66.
75. 25-3 Gyosei jiken saiban reishu 209.
76. 32-3 Minshu 435.
77. and Araki Seishi, "Hibaku iryoho no seikaku to juyo yoken" ("Character and Prerequisites of the hibakusha Treatment Law"), (1978) 667 Jurisuto, pp. 64 et seq.
78. See Weiner, supra, note 25, p. 97 and Tanaka Hiroshi, Zainichi gaikoku-jin ("Aliens in Japan"), (1993), pp. 40 et seq.
79. Supra, note 25, p. 98; Chosenjin no hibakusha 254 (1989)
80. Based on the fact that in 1984 a total of 368,259 Japanese hibakusha received ¥ 268,297, totalling ¥ 99-2 billion. For the Korean hibakusha numbering about 23,000, the sum of ¥ 2.37 billion was demanded, to be paid as compensation to surviving families, support, etc. Kankoju no genbaku higai-sha o kyuen suru shimin no kai, "Zaikan hibakusha" (Hibakusha in Korea), in Utsumi Aiko et al. (eds), Sengo hosho ("Wartime Compensation") (1994), pp. 60-64.
81. Asahi Shinbun, 18 May 1988.
82. Asahi Shinbun, 7 July 1992, p. 1;
83. A. Sato and T. Yamada, Zainichi Chosenjin - rekishi to genjo ("Koreans in Japan - History and Current Situation"), (1986), p. 11.
84. Japan Times, 6 August 1996, p. 3.
85. The two hibakusha laws had only the physical condition of the hibakusha as its object, and therefore the Japanese hibakusha associations in 1973 started to demand the enactment of an assistance law. By 1984 they demanded compensation, damages and pension for bereaved families, payment of all costs for examination and treatment by the government, and hibakusha pension for all. After the change of power in the Upper House in 1989, the bill was introduced twice in 1989 and 1992, both times passed by the Upper House, but failed because of the LDP's opposition in the Lower House. The law was enacted in 1995. A long movement preceded the enactment of the law. See on this point Yamada Shigeru, "Hibakusha engo-ho wa naze hitsuyo ka" ("Why a hibakusha Assistance Law is Necessary"), (1967) 257 Sekai, pp. 186 et seq.
86. Daily Yomiuri Online, 13 August 1998, http://www3.yomiuri.co.jp.
87. Representatives of 986 former forced labourers in Hanaoka demanded ¥ 5 million in compensation for each former labourer or bereaved family, construction of memorials in Beijing and Odate, and a public apology for the forced deportation and abuse of Chinese labourers. See Kaneko, supra, note 69, p. 126 who quotes a letter by Lin Po-yao, member of the Chugoku-jin kyosei renko o kangaeru kai ("Meeting to Think about the Deportation of Chinese"), dated 18 June 1989;
88. also see Japan Times, 27 October 1994, p. 2.
89. Japan Times, 27 October 1994, p. 2.
90. Daily Yomiuru, 15 June 1995, p. 3.
91. Asahi Shinbun (evening edition), 10 December 1997, p. 1.
92. Japan Times, 22 May 1998, http://www.japantimes.co.jp.
93. Sivaranam Satyanarayan, "History ignores Asians killed on 'River Kwai' railway", in Daily Yomiuri, 15 June 1995, p. 11.
94. See also Convention No. 105 Concerning the Abolition of Forced Labour of 25 June 1957 (in force 17 January 1959).
95. A view shared by the International Labour Organiation: "CEACR: Individual Observation concerning Convention No. 29, Forced Labour, 1930 Japan (ratification: 1932) (1997)", http://victim.peacenet.or.kr/ilo/ilodocul. html;
96. see also "Abolition of Forced Labour: General Survey by the Committee of Experts on Application of Conventions and Recommendations" (1979) paragraph 36.
97. CEACR: Individual Observation concerning Convention No. 29, Forced Labour, 1930 Japan (ratification: 1932)" (1997), http://victirn.peacenet. or.kr/ilo/ilodocul.html ;
98. see also "Abolition of Forced Labour: General Survey by the Committee of Experts on Application of Conventions and Recommendations (1979)", paragraph 36.
99. See, for example, http://www.corpwatch.org/trac/japan/domestic/humanrts.
100. International Labour Conference, 12 Session, Geneva, 1929, Forced Labour. Report and Draft Questionnaire 190, 289 (Geneva: ILO, (1929).
101. International Labour Office, Report of the Ad Hoc Committee on Forced Labour 144 (Geneva: HO, 1953).
102. Cherif M. Bassiouni, Crimes Against Humanity in International Law, 2nd. ed., (Dordrecht: Martinus Nijhof, 1999), p. 294, note 11.
103. Cherif M. Bassiouni, International Crimes: Digest/Index of International Instruments, Vol. 1, (New York: Oceana, 1986), pp. 1815-1985.
104. Guy McDougall, "UN Special Rapporteur's Report on Japan's Sexual Slavery Issue", http://www.korea-np.co.jp/pk/PK%2056%20issue/98082008.htm, (1998).
105. See also International Fellowship of Reconciliation, " Recommendations to Japan on 'sexual slavery'", 7 February 1994 (Communication to the Government of Japan).
106. League of Nations Official Journal 3 (1920).
107. League of Nations Document A. 19-1925. VI.
108. International Labour Office Note 145, p. 133.
109. League ofNations Document A. 19.1925 VI, paragraphs 112-114.
110. League of Nations Document A.104.1926.VI, p. 2.
111. League of Nations Document A. 123.1926.VI.
112. http://www.corpwatch.org/trac/japan/domestic/humanrts.
113. see also John Appleman, Military Tribunals and International Crimes, (Indianapolis: Bobbs-Merrill Company Publishers, 1954), p. 298.
114. The 1919 "Report of the Commission on the Responsibilities of the Authors of the War and on the Enforcement of Penalties", included deportation as a prosecutable crime. The list of war crimes and crimes against the "laws of humanity" prepared by the Commission included "deportation of civilians" and "internment of civilians under inhuman conditions." "Report Presented to the Preliminary Peace Conference by the Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties, Versailles (1919)", reprinted in 14 AJIL 95 (1920) (Supp.), Annex I No. 7;
115. see also H. Lauterpacht, 2 L. Oppenheim's International Law, (7th. ed. 1952), p. 441 for further references;
116. and C.M.O. van Nispen Tot Sevenaer, L'occupation allemande pendant la derniere Guerre Mondiale (1946).
117. Hong Sang-Jin, "Kyosei renko kyosei rodo wa senso hanzai" ("Deportation and Forced Labour are War Crimes"), in ICJ kokusai seminaa Tokyo iin-kai (ed.), Sabakareru Nippon ("Japan on Trial") (1996), pp. 197, 200 et seq;
118. see also, for example E. Zuroff, Occupation: Nazi Hunter - The Continuing Search for the Perpetrators of the Holocaust (Hoboken, NJ: KTAV, 1994);
119. and A. Ruckerl, The Investigation of Nazi Crimes: A Documentation (Heidelberg: Muller Books, 1979).
120. See Nottebohm Case, ICJ Reports 4, 1955.
121. Carl Jessup, "Responsibility of States for Injuries to Individuals", (1946) 46 Columbia Law Review, pp. 903, 905 et seq.
122. Frits Kalshoven, http://www.interlog.com/~yuan/japan.htm.
123. Karen Parker, http//www.webcom.com/hrin/parker/j-cw-af2.htm;
124. 10 Japanese Annual of International Law 284 (1966).
125. 1505 HanreiJihd 50, 52 (1995).
126. Hsu Yvonne Park, '"Comfort Women' from Korea: Japan's World War U Sex Slaves and the Legitimacy of their Claims for Reparations", (1993) 2 Pacific Rim Law and Policy Journal, pp. 97, 102;
127. Yu Tong, "Reparations for former Comfort Women of World War JX", (1995) 36 Harvard Internationa! Law Journal, pp. 528-535.
128. 1 Japanese Annual of International Law 132, p. 133 (1955).
129. Japanese suggestions had been incorporated, for example, in the 1929 Harvard Draft. 1/Association de Droit International du Japon, "Draft Rules Prepared by the Kokusaiho-Gakkwai", reprinted in 23 American Journal of International Law (Special No. 1929), which went as far as providing liability for negligent as well as intentional acts. See also Parker, supra, note 178, p. 3;
130. Karen Parker and Jennifer Chew, "Compensation for Japan's World War U War-Rape Victims", (1994) 17 Hastings International and Comparative Law Review, pp. 497-524.
131. Yearbook of the ILC, Volume II, 1963, p. 198;
132. UN Doc. E/CN.4/SR.A/1963 Add.l. Also see eg Verdross, "Jus Dispositivum and Jus Cogens in International Law", (196) 60 American Journal of International Law, pp. 55, 58;
133. UN Doc. E/CN.4/Sub.2/1990/10 (1990); also see supra, note 33, pp. 168 et seq; Karen 1Parker and Lyn Beth Nelson, "Jus Cogens: Compelling the Law of Human Rights", (1980) 12 Hastings International Law and Comparative Law Review, p. 411.