April 22, 2021 13:32
The Seoul Central District Court on Wednesday dismissed a lawsuit by former sex slaves seeking compensation from the Japanese government. In January, the same court had ruled in favor of a different group of former sex slaves. The result is judicial chaos.
Nobody in Korea doubts the crimes committed by Japan against the former sex slaves, and all Koreans agree that the victims must be compensated. The judges in the latest case probably share that sentiment. But the law is the law, and it grants states sovereign immunity from the jurisdiction of another country. In other words, the Japanese government cannot be tried in a Korean court. The question before the court was not whether Japan did anything wrong but whether a Korean court has jurisdiction over a foreign government. Most countries acknowledge sovereign immunity for similar crimes, even when war crimes are alleged. Such issues must then be resolved either through diplomacy or the International Court of Justice in the Hague, where cases can only be brought by countries, not by individuals or public prosecutors.