Women's International WarCrimes Tribunal Success Brought by the Power of Women'sTransnational Solidarity "Emperor Hirohito Found Guiltyy Japanese Government's State Responsibility Recognized Regarding the 'Comfort Women' System " by Yayori MATSUI Womens International WarCrimes Tribunal on Japan 's Military Sexual Slavery which was held in the last month of the 20th century, also remembered as a 'century of wars', yielded exclaiming messages fromthroughout the world expressing 'what a historic event', 'how moving', 'womenare the hope of the 21st century'. The historic judgment, which found Emperor Hirohito guilty and recognized the state responsibility of the Japanese government concerning the unprecedented scale of systematic sexual violence committed against womencommitted in war, was a product of two-and-a-half years of difficult preparation effort. This is a severe judgment delivered by the international civil society upon Japan for continuing to deny its wartime responsibility. As womenbuilt their solidarity beyond national borders and made this Tribunal happen, I feel that I was able to serve the responsibility as a memberofthe organizers. WomenVictims Happiness Over the perpetrators were convicted and happiness Judgment filled the women victims and the entire The judgment was delivered on the fifth audience that marks the momentof highlight of day of the Tribunal at Nihon Seinen Kaikan the Womens International War Crimes after three days of proceedings followed by Tribunal and when I felt that the Tribunal is a another day at Kudan Kaikan. The four historic success. judges took turns as they read the summaryof What came to my mind at this moment findings over two hours. The presentation was the painting Punish the Responsible made culminated in the conclusions when the by Kang Dok-kyong, a Korean former Comfort Presiding Judge Gabrielle Kirk McDonald Wpmanwho passed away in 1997. In the delivered that the Tribunal finds Emperor 19^0s, womenvictims fromeach country came Hirohito guilty. The entire audience of 1000 out with much courage for the first time to stood up to fill the hall with claps and cheers disclose their experiences as former Comfort that did not know to cease. One after the Women,but they are now dying with age other, the old womenvictims walked up on the without seeing the receipt of neither state stage towards the judges with tears of gratitude. apology nor compensation to this day. It was Found in response were also tears in the eyes in response to the reality, demands and feelings of the judges. It is right then when the expressed in this painting that we organized the 31 Tribunal. an indictment each. The Japanese government continues to Placed as Chief Prosecutors, who would deny its legal responsibility. Eight be in charge of one composite indictment, were compensation suits have been filed, but the Patricia Viseur-Sellers (Legal Advisor for Japanese courts continue to neglect the victims' Gender-Related Crimes in the Office of the demands. We then decided that we citizens Prosecutor for the International Criminal would hold a tribunal ourselves. We Tribunal for the former Yugoslavia, and the remembered the Russel Tribunal, a people's Rwanda Tribunal - African American) and tribunal that gave judgments to war crimes Ustinia Dolgopol (Senior Lecturer in committed by the United States during International Law Flinders University - Vietnam War. In April 1998, VAWW-Net Australia). The panel of judges consisted of Japan proposed at the Asian Women's the Presiding Judge Gabrielle Kirk McDonald Solidarity Conference on "Comfort Women" (former President of the International War issues held in Seoul that women host this Crimes Tribunal on the Former Yugoslavia - Tribunal. Delegations from six victimized African American), Judge Christine Chinkin countries agreed to the proposal. In following, (Professor of Law, University of London - the International Advisory Committee was United Kingdom), Carmen Maria Argibay established bringing together international (President of the International Women's experts on violence against womenin war from Association of Judges, Argentina) and Willy around the world. Womenfromvictimized Mutunga (President of the Commission on countries, the International Advisory Council HumanRights and Professor of University of and Japan, the perpetrator country, came Kenya - Kenya). All six of them are together in February 1999 as three parties to international experts on international and establish International Organizing Committee humanitarian law and humanrights. to prepare for the Tribunal. Prosecutor Dolgopol, who discussed in the Tribunal the problem why the "Comfort International Civil Society Gave Women"system was never prosecuted at the Judgment to Issues of Wartime International Military Tribunal for the Far East Responsibility (IMTFE), is one ofthe members who in 1994 As the Charter of the Tribunal was drafted the International Commission of drafted in cooperation of all countries involved, Jurists' recommendation on "Comfort Women" it was decided that both state responsibility and Issue. The International Criminal Tribunal individual criminal responsibility on Japan's for Former Yugoslavia (ICTY) in recognizing wartime sexual violence be dealt with and that rape as a crime against humanity changed the post-war responsibility be subject to judgment history of impunity on the crimes of sexual as well. Each country established a violence against womencommitted during war. prosecutor's team, which consisted of lawyers Coupled with the participation of the United and historians as such, and met with other Nations' Tribunals' Legal Advisor Ms. country teams at preparation meetings which Viseur-Sellers who is currently in place, the were held in Seoul (June 1999), Tokyo combination of Chief Prosecutors signified (October 1999), Shanghai (March 2000), international authority and yielded the world's Manila (July 2000), Taipei (September 2000). attention. Also intended was that their In addition, support delegations visited Pyong significance compensates for the IMTFE's Yang and Jakarta to discuss their indictments. neglect. Through this process, each country produced 32 L_ Testimony by Over 20 Women Victims from 9 Countries 64 womenvictims from 8 countries participated in the **?%**»»* r?& u %m uki*i $*p&* tribunal. It was the first time in history that such a large number of *n former"Comfort Women"gathered. Including video testimonies, over 20 womenvictims testified from 9 countries including South Korea, North Korea, China, Taiwan, Philippines, Indonesia, Malaysia, East Timor and the Netherlands. Amongthem were a womanwho was drafted in Korean Peninsula and taken to a "comfort station" in China as murder. Also illuminated was the fact that well as the first two womenwhocameout as a women'ssuffering fromtrauma has continued former "Comfort Woman"in East Timor. to this day. Women pleaded one after another : "/ was a virgin. Ten men raped me...Blood came out of our vaginas. I couldn't walk "Soldiers should have to kneel in front of us afterward. " and beg us to forgive them...They should apologize and apologize, knees and ask for "Whenwas I caught escaping, they hung me forgiveness and apologize repeatedly. " froma tree and threw medownthe river. "The Japanese government should provide Myhusband said, 'it is better to have a left apology and compensation as soon as over dog than a left overperson. " possible. " "Wedidn't comehere to seeJapan. Wecame Judgment After 56 Years - Emperor here to tell the truth. " Hirohito Found Guilty Represented at the Tribunal were not The overwhelmingly powerful testimony only victims' testimonies but also the defense of each womanprovided great shocks every (Japanese government) which was invited to day to the 1000 audience including 400 that attend the Tribunal but failing to respond, came from 30 countries from abroad that replaced and nevertheless represented with attended the tribunal. Testimonies spoke to arguments put forward by Japanese attorneys the wide-spread practice of sexual slavery who acted as amicus curiae (adviser to the system extending fromthe border of Siberia in tribunal) in presenting the positions espoused the north to Pacific islands in the south and by the government of Japan. Testimonies documented the horrific conditions in which were also presented by expert witnesses of womenwere placed such as forcible or coerced which 5 were Japanese and 2 were fromabroad "recruitment" often involving deceptive on the topics of the structure of Japanese promises, confinement, beatings, bodily Imperial Army, Emperor Hirohito's liability injuries, mass-rape, forced pregnancy, forced and state responsibility, "Comfort Women abortion, forced labor, abandonment and system", post-traumatic stress disorder, racism 33 and wartime sexual violence, and state the occupying forces which were politically responsibility. Two Japanese ex-soldiers also interested in further using Japan for their participated in the Tribunal as they testified to anti-Communist strategies. their participation in the atrocities. The myth concerning how 'the Emperor Prosecutor's teams from each country never wished to enter into a war but the submitted a large amount of documentary military used its force to put it into practice, evidence including memoirs and official and the war ended due to the Emperor's sacred documentati on. decision' was therefore created. After 56 A composite indictment, which was years, this Tribunal clearly denied this myth prepared by the two