Does Japan Retaliate Against ICJ Submission Again? Opinion against “taking my foot” Why

The Japanese government is known to be struggling with various countermeasures in relation to the ruling of the Seoul Central District Law on Compensation for Victims of Comfort Women. Japanese Foreign Minister Toshimitsu Motegi said at a press conference after telephone conversations with Foreign Minister Kang Kyung-wha on the 9th: “An abnormal situation has occurred that violates international law and it cannot be understood by common sense. ” I’ll respond, ”he suggested taking action.

Foreign Minister Kang Kyung-wha (left) and Japanese Foreign Minister Motegi Toshimitsu (right) shake hands before the meeting in Nagoya, Japan, on November 23, 2019. [사진=지지통신 제공]

The first action to mention is the complaint of the International Court of Justice (ICJ). Asahi Shimbun reported on the 10th, citing a senior Japanese government official: “The Japanese government is considering a policy to bring this matter to the UCI, the highest court in the United Nations, as a strong option.”

The reason the ICJ complaints emerged as a powerful solution is because there is a “precedent.” The foundation of the Japanese government’s opposition to the Korean court ruling is the principle of ‘Sovereignty Exemption’ (state exemption) under customary international law, which states that ‘a court of one country may not judge another country as part of a lawsuit. ‘ The Japanese government argues that it violates this principle that the Korean court ruled in compensation to the Japanese government.

On the other hand, the Seoul Central District Law decided that the sovereignty exemption could not be applied because the harm to comfort women, which is a crime against humanity systematically committed by the state, violated the ‘imposed norms’ that they are superior in international law.

In 2004, the Italian Supreme Court ruled on the same logic as the Korean court in a lawsuit against the German government in a lawsuit against the German government for Ruiki Ferini, who was forced to work in Germany during World War II. It is the so-called ‘perini case’ which recognizes that the German government is responsible for compensation.

Later, the German government sued the ICJ for violating the principle of sovereign immunity, and the ICJ finally gave Germany a hand. On this basis, the Japanese government hopes that the same conclusion will be reached if the comfort women trial proceeds as a lawsuit before the ICJ.

Attorney Kim Kang-won, legal representative of the lawsuit of the comfort women victim’s grandmother, answered questions from reporters after the first trial of 12 comfort women victims, including the late grandmother Bae Chun-hee , filed against the Japanese government on the 8th in the Central District Court in Seocho-gu, Seoul. You are doing. [뉴스1]

However, even if Japan sues this matter with the ICJ, if the Korean government does not comply, the lawsuit itself will be dismissed. Korea is not accepting the ‘compulsory (mandatory) jurisdiction’ of the ICJ that the other country must accept any claim against the ICJ. Japan accepted mandatory jurisdiction in 1958.

For different reasons, there is also caution in the ICJ complaint. The Yomiuri Shimbun said on the 10th: “If you fight at the ICJ, you can get a sovereign exemption, but there is concern that the issue of comfort women will emerge as an (international) problem again,” and said the voices that doubt the effectiveness of this plan come from the government.

There is also the possibility of Japan engaging in economic retaliation, as in the 2018 South Korean Supreme Court ruling on compulsory military service. At the time, the Japanese government said, “We are reviewing the double-digit (retaliation) option.” ▶ Seizure of assets in Japan owned by the Korean government, etc. ▶ Higher tariffs on imports of Korean products ▶ Restrictions on issuing visas to enter Koreans. The “Regulation of the export of raw materials” was mentioned.

In particular, in a situation where Prime Minister Yoshihide Suga faces a crisis due to a sharp decline in approval ratings after four months in office, the possibility of using a retaliatory card against Korea cannot be ruled out. get support.

On the 8th, when an emergency was declared in the Japanese metropolitan area, a citizen walks down a shopping street in Yokohama, Kanagawa prefecture, where the lights went out. [로이터=연합뉴스]

What needs to be considered is the situation in Japan. In Japan, an emergency has been declared in Tokyo and other metropolitan areas due to the rapid increase in patients with novel coronavirus (Corona 19) infection. As Prime Minister Suga, fixing Corona 19 will surely be the “ first goal. ” It could be another handshake if Japan’s economy has collapsed due to Corona 19 and the retaliation against South Korea places a strain on the Japanese economy.

A diplomatic news source well versed in Japanese politics said: “The Japanese government will have no choice but to watch the Korean movement and the trend of public opinion at the same time.” “Public opinion is considering possible measures within the government and taking countermeasures against Korea.” If it goes up, there is a possibility that we will remove one of these. ”

The Asahi Shimbun also predicts that the Japanese government is considering the ICJ complaint, but firstly, it is expected to observe the trend of the lawsuit in the future, including the situation of the Japanese government asset seizure by the plaintiff. . Foreign Minister Motegi is scheduled to hold other phone conversations with Foreign Minister Kang Kyung-wha sooner or later to urge South Korea to respond, Japanese media reported.

Tokyo = Correspondent Lee Young-hee [email protected]