Ryuichi Shimoda v. The State
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Ryuichi Shimoda et al. v. The State was an unsuccessful case brought before the District Court of Tokyo by a group of five survivors of the atomic attacks on Hiroshima and Nagasaki, who claimed the action was illegal under the laws of war and demanded reparations from the Japanese government on the ground that it waived the right for reparations from the U.S. government under the 1951 Treaty of San Francisco.
Quick Facts Ryuichi Shimoda, et al. v. The State, Court ...
Ryuichi Shimoda, et al. v. The State | |
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Court | Tokyo District Court |
Full case name | Ryuichi Shimoda, et al v. The State 下田(隆一)事件 |
Decided | Argued April 1955–October 1963, Decided December 7, 1963 |
Citation(s) | Japanese Annual of International Law, No. 8 (1964), p. 212 |
Legislation cited | Hague Convention of 1907 IV - The Laws and Customs of War on Land, IX - Bombardment by Naval Forces in Time of War, and the Hague Draft Rules of Air Warfare of 1922–1923 |
Court membership | |
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Case opinions | |
The aerial bombardment with atomic bombs of the cities of Hiroshima and Nagasaki was an illegal act of hostilities according to the rules of international law. Nevertheless, the claimant as an individual was not entitled to claim damages on the plane of international law, and he was not able, as a result of the doctrine of sovereign immunity, to pursue a claim on the plane of municipal law. In these circumstances, the plaintiffs had no rights to lose as a result of the waiver contained in Article 19 (a) of the Treaty of San Francisco. |
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