Is the ICJ complaint about the’comfort women problem’ reality? Government “careful review”

Lee Yong-soo (93), a victim of Japanese military comfort women, is calling for Japanese reflection at a press conference held at the press center in Jung-gu, Seoul on the 16th. This grandmother condemned the history distortion of Harvard University professor Mark Ramsayer who defined the victims of comfort women as “voluntary prostitutes,” and requested that the comfort women issue be referred to the International Court of Justice (ICJ) to resolve the victim-centered problem. . On the 17th, Lee Yong-soo’s grandmother testified about the victims of comfort women at an online seminar held by Harvard University students. 2021.2.16/News1 © News1 Reporter Oh Dae-il

The government said on the 16th that the Japanese military comfort women victim Lee Yong-soo (93) is demanding that the comfort women issue be referred to the International Court of Justice (ICJ). With this, diplomats continue to argue about the feasibility of the’ICJ card’.

◇ICJ referral procedure must precede Korea-Japan’political agreement’

On that day, the grandmother held a press conference with the’Comfort Women Issue of the Japanese Military ICJ Commission Promotion Committee’ and urged President Moon Jae-in to refer the comfort women issue to the ICJ, saying, “Please receive judgment from the ICJ so that Japan can realize and reflect on the wrongdoing.”

The ICJ is the main judicial body of the United Nations as defined in the United Nations Charter. In cases where the ICJ’s judgment is necessary on the basis of a treaty between countries that states that’in case of dispute between interpretation and application, it shall be referred to the ICJ’, the Parties may refer to the’dispute matter’.

However, in the case of the comfort women issue, it is not a treaty, so if you want to file a complaint with the ICJ, you need to first agree on a controversial’legal issue’ between Korea and Japan. A petition can be filed only through the filing process of’seeking judgment from the ICJ’ based on political agreement. In other words, the agreement between the governments of Korea and Japan must precede.

This is the reason why this grandmother mentioned Japanese Prime Minister Yoshihide Suga at a press conference that day and said, “Let’s go together. Let’s make it clear at the ICJ.”

Lee Yong-soo, 93, a victim of Japanese military comfort women, appeals for Japanese reflection at a press conference held at the press center in Jung-gu, Seoul on the 16th. This grandmother condemned the history distortion of Harvard University professor Mark Ramsayer who defined the victims of comfort women as “voluntary prostitutes,” and requested that the comfort women issue be referred to the International Court of Justice (ICJ) to resolve the victim-centered problem. . On the 17th, Lee Yong-soo’s grandmother testified about the victims of comfort women at an online seminar held by Harvard University students. 2021.2.16/News1 © News1 Reporter Oh Dae-il

◇”Reality is low” vs. “It is possible to do’win-win’ for both Korea and Japan”

Diplomats have mixed opinions over the possibility that the comfort women issue will be dealt with in the ICJ.

First of all, the observation that the reality is low is an opinion that both Korea and Japan will be reluctant to face a situation where they face a’political burden’. In particular, while the administration of Joe Biden is emphasizing’trilateral cooperation between Korea, the United States and Japan’, it is argued that the elements that could expand into a conflict situation will be excluded in advance.

They also interpreted that it is a principled response that the Ministry of Foreign Affairs said on this day that the grandmother’s ICJ complaint, “I would like to listen to the position of the comfort women grandmother a little more,” and “I will carefully examine it.”

Some of the academia has mentioned the’ICJ complaint card’, but this is the first time that the victim has filed it. The government has virtually taken a position of’no response’ with the idea of ​​such academia, but this time it is observed that the victim’s grandmother mentioned the ICJ complaint and made comments such as’careful review’ and’listening’.

In addition, there is an analysis that the Japanese government does not want the comfort women issue to be publicized internationally and attract attention.

On the other hand, some argue that the ICJ complaint will bring a win-win result for both Korea and Japan.

In terms of’non-monetary’ such as an apology from Japan, Korea can achieve satisfactory results in terms of’financial’ such as the expiration of the Individual Claims Agreement and the violation of the sovereignty exemption (sovereign countries cannot be tried in other courts). It is a claim that you can.

Dr. Hee-Seok Shin, a law researcher at Yonsei University, who formed a promotion committee with her grandmother, said in a call with News 1, “(The part that Korea is satisfied with), ICJ places more importance on non-monetary relief such as apology, recognition of responsibility, and history education.” “It is established that the comfort women system in the past was a violation of international law.”

Dr. Shin added, “(A part that Japan is satisfied with) procedural issues such as abandonment of personal claim rights and sovereignty exemption may be defeated by Korea. In that case, both Korea and Japan will win-win,” he added.

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