著者

高橋 哲哉

出版者

The Japanese Association of Sociology of Law

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.2002, no.56, pp.16-25,273, 2002

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In the last decade of the 20th century, two significant events were held to deal with the pasts which were profoundly traumatized by the crimes against humanity; The Truth and Reconciliation Commission in the Republic of South Africa and the Women's International War Crimes Tribunal on Japan's Military Sexual Slavery.<br>The former avoided the "Nuremberg Option", that is the trial of criminals, in giving priority to establish the national unity and reconciliation. Amnesty was granted to the persons who had made full confession of the truth about their criminal acts with political objectives in the period of Apartheid. This principle of "justice without punishment" was guided not only by some inevitable "material" conditions in the new-born Country, but also by the philosophy of "forgiveness" in its hegelien or arendtien version.<br>By contrast, the latter declared itself to be a renewal of "Tokyo Tribunal" in order to end the culture of impunity. Three days of trial produced the judgement according to which the Japanese Imperial Army' s "comfort women" stations and wartime sexual violence constituted crimes against humanity and the Supreme Commander of the Army and Navy, Emperor Hirohito did have legal responsibilities. Thus the Women's Tribunal, without real judicial effect, contested both the post-war Japanese culture of impunity about war crimes and the international culture of impunity about crimes against women in war.<br>These two events can be highly appreciated as those which offered public spaces where the voices of victims and perpetrators could be heard seriously for the first time.