The Long Tail of World War II: Jus Post Bellum in Contemporary East Asia

Abstract

The shadow of World War II still looms over East Asia. Unlike the West, issues of state accountability, corporate liability, and individual reparation roil the victims, governments, and civil society organizations. It stills form a critical, often controversial, backdrop for international relations among China, Japan, Korea, and other Asian nations. This chapter fills an important gap by focusing on jus post bellum outside of the West. The chapter examines the results, motivations, and achievements of civil litigation, namely approximately one hundred World War II reparations lawsuits filed in Japan. In so doing, it answers three related questions. Why does World War II still generate controversy in the contemporary geopolitical triangle of China, Japan, and Korea? How has litigation contributed to the reconciliation process? What are the broader prospects in the future?

Keywords: Japan, China, Korea, Human Rights, World War II, tort liability, corporate liability, government accountability