Illegality of nuclear weapons continues to be questioned 60 years after ruling on “A-bomb lawsuit”
Dec. 12, 2023
by Hiromi Morita, Staff Writer
This month marked the 60th anniversary of the ruling on the “A-bomb lawsuit” by the Tokyo District Court, which, for the first time, declared the atomic bombings by the U.S. military a violation of international law. What does this lawsuit, which can be said to have lain the foundation for the Treaty on the Prohibition of Nuclear Weapons (TPNW) by pointing out the illegality of the atomic bombings, question for us now? The Chugoku Shimbun reviews the process of the lawsuit and its significance.
The “A-bomb lawsuit” was filed by five A-bomb survivors of Hiroshima and Nagasaki in 1955 against the Japanese government, which, based on the San Fransisco Peace Treaty, waived the right to demand compensation from the United State. The lawsuit was also called the “Shimoda case,” using the name of Ryuichi Shimoda, one of the plaintiffs. The late lawyer Shoichi Okamoto, who served as one counsel for the defense at the International Military Tribunal for the Far East, led the lawsuit.
The trial lasted more than eight years. The ruling issued in December, 1963, dismissed the claim for compensation by the plaintiffs, but stated that the atomic bombings indiscriminately killed and wounded people regardless of whether they were combatants or non-combatants, and that the atomic bombings caused more tremendous pain and cruelties on the human body than poison gas weapons. The ruling said the atomic bombings violated the fundamental principles of the international laws of war such as the Convention respecting the Laws and Customs of War on Land.
It can be said the ruling was an epoch-making decision referring to international law based on the inhumanity of the atomic bombings in an age with no international laws stipulating a ban on nuclear weapons. As both the plaintiffs and the Japanese government did not appeal the decision, the ruling was finalized.
Although the A-bomb survivors lost the case, the lawsuit still attracts attention, because it had various impacts both in Japan and overseas. In Japan, in 1957, after the lawsuit was filed, the Atomic Bomb Medical Relief Law took effect, and in 1968, after the ruling was issued, the A-bomb Survivors Special Measures Law, which led to the establishment of the Atomic Bomb Survivors Relief Law afterward, took effect.
The ruling is of major international significance as well. It is said to have affected the advisory opinion by the International Court of Justice (ICJ) in 1996 that stated the use and threat of nuclear weapons would “generally be contrary to the rules of international law.” The year prior, 1995, then Hiroshima Mayor Takashi Hiraoka stood at the ICJ and delivered a statement. Based on the “A-bomb lawsuit,” Mr. Hiraoka maintained the development and possession of, and experiments with nuclear weapons, were in violation of international law—not to mention the use of nuclear weapons. Momentum for a ban on nuclear weapons rose from the standpoint of inhumanity and paved the way for the TPNW.
Immediately after the atomic bombs were dropped, the Japanese government declared the weapons’ indiscriminate and cruel nature and presented strong protest against the United States, arguing the atomic bombings ignored the fundamental principles of international law and humanity. However, the Japanese government fought the legal battle in the “A-bomb lawsuit,” arguing there had been no international laws to illegalize the use of atomic bombs at the time. Now, the stance of the Japanese government is being questioned all the more because an international law illegalizing nuclear weapons has entered into force.
August, 1945: The United States dropped atomic bombs on Hiroshima and Nagasaki.
August, 1945: The Japanese government sent a letter of protest to the United States.
September, 1951: The Japanese government signed the San Fransisco Peace Treaty and the Japan-U.S. Security Treaty.
April, 1955: A-bomb survivors filed a lawsuit against the Japanese government at the Tokyo District Court (“the A-bomb lawsuit”)
August, 1956: The Japan Confederation of A- and H-bomb Sufferers Organizations was established.
April, 1957: The Atomic Bomb Medical Relief Law took effect.
December, 1957: The Tokyo District Court delivered its ruling on the “A-bomb lawsuit” that the atomic bombings are in violation of international law.
September, 1968: The A-bomb Survivors Special Measures Law took effect.
July, 1995: The Atomic Bomb Survivors Relief Law took effect.
July, 1996: The International Court of Justice (ICJ) issued an advisory opinion that the use and threat of nuclear weapons would “generally be contrary to the rules of international law.”
July, 2017: The Treaty on the Prohibition of Nuclear Weapons (TPNW) was adopted in the United Nations.
October, 2017: The International Campaign to Abolish Nuclear Weapons (ICAN) was chosen as a Nobel Peace laureate.
January, 2021: The TPNW entered into force.
(Originally published on December 12, 2023)
This month marked the 60th anniversary of the ruling on the “A-bomb lawsuit” by the Tokyo District Court, which, for the first time, declared the atomic bombings by the U.S. military a violation of international law. What does this lawsuit, which can be said to have lain the foundation for the Treaty on the Prohibition of Nuclear Weapons (TPNW) by pointing out the illegality of the atomic bombings, question for us now? The Chugoku Shimbun reviews the process of the lawsuit and its significance.
The “A-bomb lawsuit” was filed by five A-bomb survivors of Hiroshima and Nagasaki in 1955 against the Japanese government, which, based on the San Fransisco Peace Treaty, waived the right to demand compensation from the United State. The lawsuit was also called the “Shimoda case,” using the name of Ryuichi Shimoda, one of the plaintiffs. The late lawyer Shoichi Okamoto, who served as one counsel for the defense at the International Military Tribunal for the Far East, led the lawsuit.
The trial lasted more than eight years. The ruling issued in December, 1963, dismissed the claim for compensation by the plaintiffs, but stated that the atomic bombings indiscriminately killed and wounded people regardless of whether they were combatants or non-combatants, and that the atomic bombings caused more tremendous pain and cruelties on the human body than poison gas weapons. The ruling said the atomic bombings violated the fundamental principles of the international laws of war such as the Convention respecting the Laws and Customs of War on Land.
It can be said the ruling was an epoch-making decision referring to international law based on the inhumanity of the atomic bombings in an age with no international laws stipulating a ban on nuclear weapons. As both the plaintiffs and the Japanese government did not appeal the decision, the ruling was finalized.
Although the A-bomb survivors lost the case, the lawsuit still attracts attention, because it had various impacts both in Japan and overseas. In Japan, in 1957, after the lawsuit was filed, the Atomic Bomb Medical Relief Law took effect, and in 1968, after the ruling was issued, the A-bomb Survivors Special Measures Law, which led to the establishment of the Atomic Bomb Survivors Relief Law afterward, took effect.
The ruling is of major international significance as well. It is said to have affected the advisory opinion by the International Court of Justice (ICJ) in 1996 that stated the use and threat of nuclear weapons would “generally be contrary to the rules of international law.” The year prior, 1995, then Hiroshima Mayor Takashi Hiraoka stood at the ICJ and delivered a statement. Based on the “A-bomb lawsuit,” Mr. Hiraoka maintained the development and possession of, and experiments with nuclear weapons, were in violation of international law—not to mention the use of nuclear weapons. Momentum for a ban on nuclear weapons rose from the standpoint of inhumanity and paved the way for the TPNW.
Immediately after the atomic bombs were dropped, the Japanese government declared the weapons’ indiscriminate and cruel nature and presented strong protest against the United States, arguing the atomic bombings ignored the fundamental principles of international law and humanity. However, the Japanese government fought the legal battle in the “A-bomb lawsuit,” arguing there had been no international laws to illegalize the use of atomic bombs at the time. Now, the stance of the Japanese government is being questioned all the more because an international law illegalizing nuclear weapons has entered into force.
Main developments related to the “A-bomb lawsuit”
August, 1945: The United States dropped atomic bombs on Hiroshima and Nagasaki.
August, 1945: The Japanese government sent a letter of protest to the United States.
September, 1951: The Japanese government signed the San Fransisco Peace Treaty and the Japan-U.S. Security Treaty.
April, 1955: A-bomb survivors filed a lawsuit against the Japanese government at the Tokyo District Court (“the A-bomb lawsuit”)
August, 1956: The Japan Confederation of A- and H-bomb Sufferers Organizations was established.
April, 1957: The Atomic Bomb Medical Relief Law took effect.
December, 1957: The Tokyo District Court delivered its ruling on the “A-bomb lawsuit” that the atomic bombings are in violation of international law.
September, 1968: The A-bomb Survivors Special Measures Law took effect.
July, 1995: The Atomic Bomb Survivors Relief Law took effect.
July, 1996: The International Court of Justice (ICJ) issued an advisory opinion that the use and threat of nuclear weapons would “generally be contrary to the rules of international law.”
July, 2017: The Treaty on the Prohibition of Nuclear Weapons (TPNW) was adopted in the United Nations.
October, 2017: The International Campaign to Abolish Nuclear Weapons (ICAN) was chosen as a Nobel Peace laureate.
January, 2021: The TPNW entered into force.
(Originally published on December 12, 2023)
