National Case Law - X et al. v. The State of Japan, Tokyo High Court, 7 August 1996

Japan

Title: X et al. v. The State of Japan, Tokyo High Court, 7 August 1996

Date: 07.08.1996

Source: Horitsu Shinbun, vol. 1244, p. 6; translated in The Japanese Annual of International Law, vol. 40, 1997, p. 116.

Summary:

Full text in pdf:

This decision was rendered on appeal of a judgment delivered by the Tokyo District Court on July 27th, 1995

. It was the first decision by the High Court concerning compensation for unlawful acts committed during the Second World War. The court upheld the decision of the District Court but amended the latter's finding which rejected the existence of a right to individual compensation under international customary law by confining the non-existence of such right to the time when the incidents took place.

Text:

Held: '1. The appeal of the appellants X et al. shall be dismissed.
2. The cost of litigation shall be borne by the appellants X et al.'

Upon the grounds stated below:

1. 'This court also judges that the complaint of the appellants cannot be sustained. The reason is the same as that of the lower court except for the amendments stated below.'
2. 'Regarding the existence of international customary law that the appellants allege, the reason that the Hague Convention cannot be the basis for the claim is as has been explained by the lower court. When the incident occurred, there was no evidence of any general practice, nor the existence of opinio juris that when a state acts in violation of the obligation of international human rights law or international humanitarian law, that state has the responsibility of compensating for the damages any individual who was a victim. Therefore, international customary law against which the appellants claim did not exist at the time of the incident, and there are no grounds for the allegation of the appellants based upon international law.'

Judge Kikuo Kamo (presiding)
Judge Motoaki Kitayama
Judge Micharu Hayashi

References: International Treaties and Documents
Hague Convention IV 1907: Art. 3

Fourth Geneva Convention 1949: Art. 154

Additional Protocol I 1977: Art. 91