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During WWII, numerous grave crimes had been committed by several parties. One of the less known crimes relates to the Japanese army’s “comfort system”, an allegedly state-sanctioned system of mass sexual slavery and sexual violence/torture of hundreds of thousands of women and girls captured in occupied territories. Although the Japanese government has for a long time refused to acknowledge its responsibility – arguing that the “comfort women” were voluntary prostitutes – many surviving victims and supportive Non-Governmental Organisations (NGOs) sought relief. The current judgment is a result of their efforts: the Women's International War Crimes Tribunal for the Trial of Japan's Military Sexual Slavery, in a 300+-page judgment, concluded that the “comfort system” was indeed a crime against humanity and found all ten accused, then-Emperor Hirohito and nine high-ranking military commanders and Ministers (all deceased at the time the judgment was issued), by way of their superior positions and power to end the widespread rapes, as well because of their involvement in the establishment of the system, guilty.

It should be noted that the Tribunal is not an international tribunal in the common sense, like the International Criminal Tribunals for Rwanda and the former Yugoslavia which were created on authority of the United Nations Security Council, or like the International Criminal Court which was established by a treaty between sovereign states. Instead, the Tribunal’s authority is based on a higher moral ground, being premised on the understanding that ‘“law is an instrument of civil society” that does not belong exclusively to governments whether acting alone or in conjunction with the states. Accordingly, where states fail to exercise their obligations to ensure justice, civil society can and should step in’ (para. 65).

The petitioners were members of the non-governmental organisation Malaya Lolas, acting on behalf of the so-called ‘comfort women’ who during World War II, in December 1937, were kidnapped from their homes by Japanese soldiers. They were brought to barracks-like buildings where they had to live, and where they were repeatedly beaten, raped and abused. During that time, the young women were forced to have sex with as many as 30 Japanese soldiers per day.

The petitioners filed a case asking for support from the Philippine government in their action against Japan, who had previously rejected claims for compensation. The Supreme Court of the Philippines, however, refused to oblige the government to provide that support.

Several villagers from Aceh, Indonesia, filed a civil suit against oil and gas company Exxon Mobil. They argued that the company carried responsibility for human rights violations committed by Indonesian security forces by hiring these forces and because Exxon Mobil knew or should have known that human rights violations were being committed. The Court allowed the case to proceed in part. The plaintiffs had attempted to bring the suit under federal statutes which allow aliens to sue for violations of human rights. The Court dismissed these claims for several reasons, including that these claims could not be assessed without passing judgment on another country, Indonesia, which the Court refused to do. Also, claims were dismissed because they had not been pled adequately.

Claims based on state laws were allowed to proceed, although claims against a corporation in which Indonesia owned a majority interests were dismissed because ruling on this company would mean passing judgment on Indonesia. The Court also cautioned the parties to be careful not to intrude into Indonesian sovereignty during further proceedings.  

Between 1931 and 1945, some 200,000 women were forced into sexual slaverty by the Japenese Army. These women, referred to as “comfort women” were recruited through forcible abductions, deception and coercion. Once captured, they were taken by the Japanese military to “comfort stations”, that is, facilities seized or built by the military near the front lines for express purpose of housing these women. Once there, the women would be repeatedly raped, tortured, beaten, mutilated and sometimes murdered. They were denied proper medical attention, shelter and nutrition.

The present lawsuit was brought by fifteen former “comfort women” against Japan on the basis of the Foreign Sovereign Immunities Act (FSIA). The United States District Court for the District of Columbia dismissed the action on the grounds that Japan enjoyed immunity from proceedings as a sovereign State and the action did not fall within any of the exceptions to immunity enumerated in the FSIA.

Between 1931 and 1945, some 200,000 women were forced into sexual slaverty by the Japenese Army. These women, referred to as “comfort women” were recruited through forcible abductions, deception and coercion. Once captured, they were taken by the Japanese military to “comfort stations”, that is, facilities seized or built by the military near the front lines for express purpose of housing these women. Once there, the women would be repeatedly raped, tortured, beaten, mutilated and sometimes murdered. They were denied proper medical attention, shelter and nutrition.

The present lawsuit was brought by fifteen former “comfort women” against Japan on the basis of the Foreign Sovereign Immunities Act (FSIA). The United States District Court for the District of Columbia dismissed the action on the grounds that Japan enjoyed immunity from proceedings as a sovereign State and the action did not fall within any of the exceptions to immunity enumerated in the FSIA. On appeal, the present decision of the United States Court of Appeals for the District of Columbia Circuit affirmed the decision of the District Court.