March 17, 2016
The Naha District Court on March 16 ruled out state liability to compensate plaintiffs who survived the Battle of Okinawa in the late stages of the Pacific War. The plaintiffs are planning to appeal this decision to a higher court.
They are 79 survivors and family members of those who were killed in air raids and naval gunfire by the U.S. military or committed mass suicide ordered by the Japanese Army.
They sought state compensation of 11 million yen each, demanding that the government compensate common residents as well without differentiating between soldiers and civilian employees of the Army. They said that the former Japanese military’s aggressive acts during the war had caused a lot of civilian casualties which constitutes a breach of the state obligation to protect its citizens.
However, the court rejected their claims due to the absence of laws stipulating state responsibility for compensation under the wartime Meiji Constitution.
After the ruling, the head of the plaintiffs criticized the court decision for releasing the legal responsibility of the government which has neglected to give relief to the victims for more than 70 years. She said, “Still today, many people suffer from the memory of the horrors and hardships they experienced during the war.”
Zukeyama Shigeru, chief counsel for the plaintiffs, said, “All their stories are so sad that you cannot listen without tears, but the judgement is as if it was entirely copied from what the government stated in court. I must say this is the worst ruling in history.”
In the last phase of the Pacific War, the land battle which lasted for three months took place in Okinawa. About 94,000 local residents were killed.
Past related article:
> Ex-South Pacific island residents from Okinawa sue gov’t for war damages [August 16, 2013]
> Civilians who survived Battle of Okinawa sue gov’t for apology and compensation [August 16, 2012]
They are 79 survivors and family members of those who were killed in air raids and naval gunfire by the U.S. military or committed mass suicide ordered by the Japanese Army.
They sought state compensation of 11 million yen each, demanding that the government compensate common residents as well without differentiating between soldiers and civilian employees of the Army. They said that the former Japanese military’s aggressive acts during the war had caused a lot of civilian casualties which constitutes a breach of the state obligation to protect its citizens.
However, the court rejected their claims due to the absence of laws stipulating state responsibility for compensation under the wartime Meiji Constitution.
After the ruling, the head of the plaintiffs criticized the court decision for releasing the legal responsibility of the government which has neglected to give relief to the victims for more than 70 years. She said, “Still today, many people suffer from the memory of the horrors and hardships they experienced during the war.”
Zukeyama Shigeru, chief counsel for the plaintiffs, said, “All their stories are so sad that you cannot listen without tears, but the judgement is as if it was entirely copied from what the government stated in court. I must say this is the worst ruling in history.”
In the last phase of the Pacific War, the land battle which lasted for three months took place in Okinawa. About 94,000 local residents were killed.
Past related article:
> Ex-South Pacific island residents from Okinawa sue gov’t for war damages [August 16, 2013]
> Civilians who survived Battle of Okinawa sue gov’t for apology and compensation [August 16, 2012]
