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TOKYO, July 19 (Xinhuanet) -- The Tokyo High Court on Tuesday dismissed an appeal by a group of 180 Chinese nationals seeking compensation from the Japanese government for injuries and deaths stemming from a germ warfare campaign during Japan's aggression war on
China, upholding a lower court ruling.
In handing down the ruling, Presiding Judge Yukio Ota
acknowledged the fact that the Imperial Japanese Army waged germ warfare,
carried out by Unit 731 in China before and during the war, resulting in the
deaths of many Chinese people from pest and cholera.
Referring to an international treaty that banned germ
warfare at that time, Ota said, "Japan is held responsible for using germ
weapons in violation of a treaty."
The judge, however, rejected the compensation demand
saying that there were "no rules that allow individuals to directly demand
damages from perpetrating countries."
The lawsuit was filed with the Tokyo District Court
in 1997 and 1999 by 180 Chinese people -- victims and relatives of deceased
victims of the Imperial Japanese Army's germ warfare -- demanding 10 million yen
each and an apology from the government.
In a ruling on Aug. 27, 2002, the district court
turned down the demand by the plaintiffs but acknowledged that Japanese
aggression army conducted germ warfare in China -- the first courtto do so.
At that time, the district court rejected the
lawsuit, saying, "No international law that enables individuals to sue for war
damages had been established at the time or has been now."
The plaintiffs subsequently appealed to the high
court, calling the rejection unfair and unacceptable. They argued that Unit 731
released fleas infected with bubonic plague and food dosed with cholera bacteria
in China's Zhejiang and Hunan provinces between 1940 and 1942, killing tens of
thousands of people.
They asserted that the actions by the Japanese troops
violated international laws on the safety of occupied peoples and the civil
codes. They also accused the Japanese government of trying to hidethe facts
about germ warfare and not taking steps to redress the victims.
The Japanese government rejected the allegations,
saying individuals have no right to seek compensation under international law
and that it has no responsibility to compensate for acts conducted before the
State Redress Law was enacted after the war.
The plaintiffs and their lawyers strongly protested
the ruling and determined to fight against the unfair judgment. "The ruling is
brutal for the victims of Japanese army's atrocities in the germ warfare," said
Zhang Lizhong, whose family was destroyed by the germ warfare.
"When my grandfather and two younger brothers were
killed in the germ warfare, I was only 10 years old. My grandmother and father
died from sorrow soon afterwards," Zhang said. The death of so many family
members hurt him severely, he said, adding that he will continue to sue Japanese
government for just judgment and compensation for the Chinese victims.
Lou Xian, a member of lawyers' group for the
plaintiffs, pointed out that Japanese judges have lost their independence while
making judgment. "The unfair rulings of Tokyo high court on a series of lawsuits
related to Chinese victims from Japan's aggression war indicate the court has
gone away from justness and conscience," the Chinese lawyer said.
Tsuchiya Kohken, a Japanese lawyer for the
plaintiffs, expressed disappointment on the ruling and criticized collusion
between Japanese government and courts, saying they will appeal the lawsuit to
Japan's supreme court.
The supporters group for Chinese plaintiffs also held
protest demonstration after the ruling, urging the Japanese government to
apologize and compensate for the germ warfare victims.
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