ID :
207211
Thu, 09/15/2011 - 02:04
Auther :
Shortlink :
https://oananews.org//node/207211
The shortlink copeid
Limitations of Japan
The Korea Times
(Yonhap) - Should treaties between nations remain sacrosanct and untouchable for good? And can the state represent the individual rights of its citizens? These questions are resurfacing, as the government will soon propose talks with Japan over World War II victims??? individual claims to compensation against Tokyo.
The Japanese government???s answers to both questions are definite yeses. Its Korean counterpart has had somewhat different opinions, but refrained from raising this issue to avoid diplomatic friction. But the Constitutional Court???s judgment two weeks ago does not allow Seoul to keep sitting on its hands, by ruling it unconstitutional and a dereliction of government duty.
Both the highest tribunal???s ruling and the government???s consequent move are belated but welcome. Now all eyes of the parties involved, especially former sex slaves, forced laborers and victims of atomic bombing, are on Tokyo.
Japan, which thinks the 1965 treaty between governments on property claims blotted out all individual rights, may not positively respond to the proposal of talks. Yet Tokyo should come to the table, as the pact itself calls for ``settling disputes on different interpretation of the treaty clauses through diplomatic channels.??? If Tokyo keeps rejecting bilateral talks, Seoul should move to form an arbitration committee, by including a third country member, also as stipulated in the agreement.
It would be best if Tokyo shows a more positive attitude on this issue, by accepting recent interpretations of the treaty even among Japanese legal experts, who say individual claims are still valid.
Unfortunately, the possibility that the Japanese government will take some forward-looking steps seems slimmer now than before. New Japanese Prime Minister Yoshihiko Noda is a nationalist who does not even admit the existence of Japanese war criminals, and Foreign Minister Koichiro Genba has opposed to compensating foreign victims of WWII.
Which adds one more reason the Korean government should have hurried solving this issue even before the top court???s ruling. Currently, Tokyo is admitting its past Imperial Army took part in the operation of military brothels but was never involved in mobilizing the so-called comfort women in Korea and China by coercing them. The living victims??? testimonies tell completely different stories, indicating the possibility that the Japanese military ??? the government in other words ??? forced innocent women into becoming sex slaves.
If what Japan seeks is freedom from legal responsibility, it may or may not win it eventually through renewed litigation or third-party arbitration. But if what Japan wants is reconciliation and cooperation with its neighbors, the ``new era in East Asia??? as the successive Japanese leaders say, the country seems to have a long way to go. It should look no further than Germany, which has taken reparations out of the court system and has been compensating aging victims while they are still alive.
Two thirds of the former sex slaves here are already dead, and the remaining ones will soon follow in their colleagues??? footsteps, meaning the time is short for Tokyo to seek their forgiving.
The world marveled at Japanese people???s invincible spirit and extreme care not to cause inconvenience to others in the face of the enormous disaster earlier in the year. Its neighbors hope such self-sacrifice and concession would expand beyond its territory and apply to foreigners.
Failure to do so shows why Germany, which committed wartime atrocities of far larger proportions, has been forgiven and become a global leader, and Japan has not.
(Yonhap) - Should treaties between nations remain sacrosanct and untouchable for good? And can the state represent the individual rights of its citizens? These questions are resurfacing, as the government will soon propose talks with Japan over World War II victims??? individual claims to compensation against Tokyo.
The Japanese government???s answers to both questions are definite yeses. Its Korean counterpart has had somewhat different opinions, but refrained from raising this issue to avoid diplomatic friction. But the Constitutional Court???s judgment two weeks ago does not allow Seoul to keep sitting on its hands, by ruling it unconstitutional and a dereliction of government duty.
Both the highest tribunal???s ruling and the government???s consequent move are belated but welcome. Now all eyes of the parties involved, especially former sex slaves, forced laborers and victims of atomic bombing, are on Tokyo.
Japan, which thinks the 1965 treaty between governments on property claims blotted out all individual rights, may not positively respond to the proposal of talks. Yet Tokyo should come to the table, as the pact itself calls for ``settling disputes on different interpretation of the treaty clauses through diplomatic channels.??? If Tokyo keeps rejecting bilateral talks, Seoul should move to form an arbitration committee, by including a third country member, also as stipulated in the agreement.
It would be best if Tokyo shows a more positive attitude on this issue, by accepting recent interpretations of the treaty even among Japanese legal experts, who say individual claims are still valid.
Unfortunately, the possibility that the Japanese government will take some forward-looking steps seems slimmer now than before. New Japanese Prime Minister Yoshihiko Noda is a nationalist who does not even admit the existence of Japanese war criminals, and Foreign Minister Koichiro Genba has opposed to compensating foreign victims of WWII.
Which adds one more reason the Korean government should have hurried solving this issue even before the top court???s ruling. Currently, Tokyo is admitting its past Imperial Army took part in the operation of military brothels but was never involved in mobilizing the so-called comfort women in Korea and China by coercing them. The living victims??? testimonies tell completely different stories, indicating the possibility that the Japanese military ??? the government in other words ??? forced innocent women into becoming sex slaves.
If what Japan seeks is freedom from legal responsibility, it may or may not win it eventually through renewed litigation or third-party arbitration. But if what Japan wants is reconciliation and cooperation with its neighbors, the ``new era in East Asia??? as the successive Japanese leaders say, the country seems to have a long way to go. It should look no further than Germany, which has taken reparations out of the court system and has been compensating aging victims while they are still alive.
Two thirds of the former sex slaves here are already dead, and the remaining ones will soon follow in their colleagues??? footsteps, meaning the time is short for Tokyo to seek their forgiving.
The world marveled at Japanese people???s invincible spirit and extreme care not to cause inconvenience to others in the face of the enormous disaster earlier in the year. Its neighbors hope such self-sacrifice and concession would expand beyond its territory and apply to foreigners.
Failure to do so shows why Germany, which committed wartime atrocities of far larger proportions, has been forgiven and become a global leader, and Japan has not.
