TOKYO DISTRICT COURT, DECEMBER 7, 1963
PUBLIC INTERNATIONAL LAW--ATOMIC BOMBING OF HIROSHIMA
AND NAGASAKI WAS AN ILLEGAL ACT IN VIOLATION OF INTERNATIONAL LAW.
PUBLIC INTERNATIONAL LAW--CUSTOMARY INTERNATIONAL
LAW AS WELL AS POSITIVE INTERNATIONAL LAW (TREATIES)
IS PART OF THE MUNICIPAL LAW OF JAPAN, AND VIOLATION
GIVES INDIVIDUAL CLAIM FOR REDRESS UNDER MUNICIPAL LAW.
TREATIES--WAIVER OF MUNICIPAL LAW CLAIMS OF ATOMIC
BOMB VICTIMS UNDER ARTICLE 19 (a) OF THE TREATY OF PEACE
WAS NOT AN ILLEGAL ACT OF STATE UNDER ARTICLE 1 OF THE
STATE COMPENSATION LAW.
DESIGNATION OF CASE:Decision of the Tokyo District Court, December 7, 1963, Case No. 2,914
(wa) of 1955 and Case No. 4,177 (wa) of 1957.
PLAINTIFFS: R. Shimoda ( Ryuichi Shimoda), No. 945 Nakahiro-Machi, Hiroshima, and
four others, represented by T. Kato ( Takahisa Kato), Y. Matsui ( Yasuhiro
Matsui), K. Morikawa ( Kinju Morikawa), K. Mizuta ( Kenichi Mizuta), S.
Furuno ( Shuzo Furuno), T. Suzuki ( Toru Suzuki), H. Ashida ( Hiroshi Ashida), M. Ono ( Masao Ono), and S. Shinagawa ( Sumio Shinagawa), attorneys-
DEFENDANT:The State (Japanese Government), represented by O. Kaya ( Okinori Kaya), Minister of Justice, and H. Usami ( Hatsuo Usami) and N. Minami ( Noboru
|The claims of the plaintiffs are dismissed on the merits.|
|The costs of litigation shall be borne by the plaintiffs.|
FACTS:I. Claims of the plaintiffs.
|The plaintiffs seek the following judgment and declaration of provisional|
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: The Strategy of World Order.
Contributors: Richard A. Falk - Editor, Saul H. Mendlovitz - Editor.
Publisher: World Law Fund.
Place of publication: New York.
Publication year: 1966.
Page number: 314.
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