Transitional justice delayed is not transitional justice denied

Human experimentation by Japanese officials during World War II presents one of the most horrifying instances of state-sponsored brutality. Since the end of the war, however, the Japanese government has not officially recognised that these “atrocity crimes” ¹ occurred, nor has the US government acknowledged its post-war role in sheltering the perpetrators of these heinous acts. This appalling yet unaddressed affair therefore demands international attention. Because typical “transitional justice” ² options are unavailable or inappropriate, the solution may lie in an innovative civil society initiative: a people’s tribunal that could pressure the Japanese and US governments to bring meaningful closure to this tragedy.

Part I of this chapter explains the need for contemporary confrontation of Japanese human experimentation during World War II. Part II makes the case that a PT is a compelling transitional justice option for addressing these crimes, arguing that such a tribunal could raise public awareness about these offences and shame the relevant authorities into action. Part III argues that, in any event, other transitional justice options would not be suitable for this case. Part IV concludes by drawing lessons from this case study about the promise and perils of attempting to promote justice and accountability for past atrocity crimes.

This chapter parallels Chapter 10, by Susie Hughes and David Matas. Both chapters focus on PT for odious offences committed in East Asia. However, whereas the PT in that chapter, to address forced organ harvesting in China, is now completed, the PT in this chapter, to address Japanese human experimentation during World War II, is a proposal.