Japan court rejects germ warfare compensation

TOKYO – A Tokyo court yesterday rejected demands by Chinese plaintiffs for compensation from Japan for germ warfare conducted in China, the latest twist in tension between the Asian neighbours over their World War Two history.

Upholding a previous ruling, however, the Tokyo High Court backed a lower court’s landmark 2002 declaration that Japan had carried out biological warfare, something the Japanese government has never officially acknowledged. In the lawsuit, 180 Chinese plaintiffs had demanded compensation of 10 million yen (US$89 000) each and an apology for the activities of the Imperial Japanese Army’s biological warfare units including the infamous Unit 731.”It’s not a right verdict.It’s not a verdict of justice,” said Wang Xuan, the niece of one of the victims.She said the plaintiffs planned to appeal, and she called on Japan and China to hold high-level talks to resolve issues remaining from the war.Yesterday’s ruling comes at a time when relations are strained by feuds ranging from territorial disputes to what Beijing sees as Tokyo’s failure to own up to its wartime atrocities.One former member of Unit 731 also criticised the judgement.”It’s a not a verdict you could reach if you were human,” Yoshio Shinozuka, who has spoken of his involvement in germ warfare, said after the hearing.”The judge was just making excuses for the Japanese government.”Dozens of wartime compensation suits have been filed against Japan’s government and companies associated with its aggression in the first half of the 20th century, including World War Two.But almost all have been rejected by Japanese courts.The Japanese government insists that war reparations were settled by the 1951 San Francisco Peace Treaty that formally ended World War Two and by later bilateral treaties.The government also argues all wartime compensation issues concerning China were settled by a 1972 joint statement that established diplomatic ties.”Japan should offer heartfelt apologies for what it did, acknowledge historical facts, covey truths to young people and pledge not to wage war again,” said Kohken Tsuchiya, who headed the Japanese legal team acting for the plaintiffs.Chinese state media said in April that Beijing would seek UNESCO World Heritage protection for the ruins of Unit 731 which conducted biological warfare and experimented on live prisoners.- Nampa-ReutersIn the lawsuit, 180 Chinese plaintiffs had demanded compensation of 10 million yen (US$89 000) each and an apology for the activities of the Imperial Japanese Army’s biological warfare units including the infamous Unit 731.”It’s not a right verdict.It’s not a verdict of justice,” said Wang Xuan, the niece of one of the victims.She said the plaintiffs planned to appeal, and she called on Japan and China to hold high-level talks to resolve issues remaining from the war.Yesterday’s ruling comes at a time when relations are strained by feuds ranging from territorial disputes to what Beijing sees as Tokyo’s failure to own up to its wartime atrocities.One former member of Unit 731 also criticised the judgement.”It’s a not a verdict you could reach if you were human,” Yoshio Shinozuka, who has spoken of his involvement in germ warfare, said after the hearing.”The judge was just making excuses for the Japanese government.”Dozens of wartime compensation suits have been filed against Japan’s government and companies associated with its aggression in the first half of the 20th century, including World War Two.But almost all have been rejected by Japanese courts.The Japanese government insists that war reparations were settled by the 1951 San Francisco Peace Treaty that formally ended World War Two and by later bilateral treaties.The government also argues all wartime compensation issues concerning China were settled by a 1972 joint statement that established diplomatic ties.”Japan should offer heartfelt apologies for what it did, acknowledge historical facts, covey truths to young people and pledge not to wage war again,” said Kohken Tsuchiya, who headed the Japanese legal team acting for the plaintiffs.Chinese state media said in April that Beijing would seek UNESCO World Heritage protection for the ruins of Unit 731 which conducted biological warfare and experimented on live prisoners.- Nampa-Reuters