The Strategy of World Order - Vol. 1

By Richard A. Falk; Saul H. Mendlovitz | Go to book overview

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- at-law.
DEFENDANT:
The State (Japanese Government), represented by O. Kaya ( Okinori Kaya), Minister of Justice, and H. Usami ( Hatsuo Usami) and N. Minami ( Noboru Minami), attorneys-at-law.
JUDGMENT:
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
____________________
*
355 Hanrei Jiho [ Decisions Bulletin] 17. Footnotes are added by the translator.

-314-

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