Court ruling admits Japan waged germ warfare in China but refuses damages
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The Tokyo District Court on Aug. 27 acknowledged Japan waged germ warfare in China during World War II and caused harm to residents, but it dismissed a claim by a group of Chinese plaintiffs that the government compensate for the atrocities.
It is the first time that a court has admitted the Imperial Japanese Army used biological weapons, developed by units such as Unit 731, in China between 1937 and 1945.
While admitting that the germ attacks were "cruel and inhumane," Presiding Judge Koji Iwata rejected the damages claims, saying, "No international law that enables individuals to sue for war damages had been established at the time or has been since."
The plaintiffs said they intend to appeal the case.
The existence of Unit 731, which carried out experiments on Chinese and other prisoners for development of biological weapons, has been acknowledged in other lawsuits.
However, Koken Tsuchiya, the lead lawyer for the plaintiffs, said the ruling is still significant in that the court has acknowledged the unit's culpability in an official judgment.
The lawsuit was filed with the Tokyo District Court in 1997 and 1999 by 180 Chinese people — victims and relatives of deceased victims of Japan's germ warfare — demanding ¥10 million each in damages and an apology from the government.
731部隊訴訟、細菌戦認定
第二次大戦中、旧日本軍の731部隊が実施した細菌戦で被害を受けた中国人とその遺族らが、日本政府に損害賠償と謝罪を求めた訴訟の判決が8月27日、東京地裁で言い渡された。岩田好二裁判長は日本の裁判史上初めて細菌戦の事実を認めた。
Shukan ST: Sept. 6, 2002
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