Court rejects war damages claim by former residents of southern islands, Philippines

January 24, 2018

Naha, Okinawa Pref.- Naha District Court rejected on Tuesday a damages claim against the Japanese government by former residents of southern islands under Japanese rule as well as in the Philippines during World War II.

Presiding Judge Junko Kenmotsu did not recognize the government's liability for war damage.

The 44 plaintiffs, including bereaved family members, plan to appeal to a higher court.

The lawsuit was filed with the court in Naha, capital of Okinawa Prefecture, in 2013 as the first class action in Japan seeking government compensation for former residents of Pacific and Asian islands that went under Japanese rule after World War I and the Philippines, which was occupied by Japanese troops in World War II. The number of original plaintiffs was 24.

According to Shigeru Zukeyama, who heads lawyers for the plaintiffs, many civilians migrated from Okinawa to the islands, such as Saipan, and the Southeast Asian country and more than 25,000 died there in World War II.

The plaintiff side claimed that the former residents should be compensated for damage they incurred in hostilities by Japanese troops and that the government breached its duty to protect its citizens.

The judge said that tort liability under the Civil Code is denied as far as exercise of sovereignty at the time is concerned.

"Therefore, I have to say that the government has no tort liability for hostilities by the now-defunct Imperial Japanese military," she said.

Toraichiro Yanagida, 79, head of the plaintiffs, expressed his regret over the ruling, saying that victims will remain uncompensated unless the law changes. Jiji Press