Document Type

Article

Disciplines

International Law

Abstract

Since the early 1990s, the international legal community has recognized that rape and other sexually violent acts may constitute torture, war crimes, crimes against humanity, and acts of genocide under international law. During World War II, the Japanese Imperial Army forced more than 200,000 women into sexual slavery where they worked in brothels called "comfort stations." Although over seven decades have passed, the issues of Japan's exploitation of comfort women remains unresolved. This article argues that despite the progress that has been made in the treatment of sexually violent acts under international law, jurisdictional problems combined with vague rules have largely excluded comfort women from the international legal system. To support this argument, this article looks first to international humanitarian law, international human rights law, and international criminal law and their treatment of sexual violence against women during armed combat. Second, the article analyzes the case study of comfort women and highlights how little success international treaties, initiatives, and international organizations have had in their attempt to redress violations against them. Finally, suggestions are offered on how to better enforce international laws so that the perpetrators are punished, and comfort women see justice.

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