Klagen auf Wiedergutmachung und die staatliche Verantwortung für Menschenrechtsverletzungen: Fragen und Aufgaben für Japan

Abstract

The article starts with a short overview over the policy changes of the Japanese government with respect to reparations over the past 50 years. Recently, the government has started to react to public accusations of not doing enough with respect to the compensation of victims of World War II as well as to the increasing number of personal claims against the State of Japan. The author analyzes the different types of claims that various groups of victims have filed against the State of Japan and/or Japanese enterprises. Japanese courts used to dismiss these assuming that they are barred by limitation or because of a missing statutory basis. Additionally, courts have held that because of the Peace Treaty with the Allied Nations there is no room for private actions against the State of Japan. However, recently, some courts have changed their attitude and have ruled in favour of the claimants in some of the cases.

(The Editors)