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Ryuichi Shimoda et al. v. The State : ウィキペディア英語版
Ryuichi Shimoda v. The State

''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 US government under the Treaty of San Francisco.
==Background==
Ever since the atomic bombings of Hiroshima and Nagasaki, there has been legal debate over the action. On August 10, 1945, the Japanese government addressed a communication to the International Committee of the Red Cross, asking it to denounce the US government as performing a crime under international law. Following surrender and the landing of US occupation troops in Japan, the Prime Minister Naruhiko Higashikuni offered not to make any complaints in the media or in legal institutions about the use of the nuclear weapons if the United States Government agreed to drop its demand to try Japanese war criminals. During the Tokyo War Crimes Trial, some of the defence lawyers tried to convince the International Military Tribunal of the Far East to launch a legal investigation into the matter of the legality of the first use of nuclear weapons, but their motions were ignored.〔
Yuki Tanaka's article is followed by a companion article by Richard Falk〕 One of these defence lawyers, Shoichi Okamoto, continued to deal with the issue after the trial was concluded. In February 1953, he published a booklet titled "''Genbaku Minso Wakumon'' (Questions and Answers on the Civil Lawsuit over the Atomic Bombings)", in which he called upon individuals in Hiroshima and Nagasaki to take legal action against the US government within the US legal system.〔
Okamoto's plan met great deal of opposition within Japanese society and even in Hiroshima and Nagasaki. Shinzo Hamai, the mayor of Hiroshima at the time, opposed the plan on grounds that the US legal system was not favorable to such actions. As a result, Okamoto gave up the notion of trying the case in a US court and decided to seek action in the Japanese legal system. In co-operation with local organizations in Hiroshima and Nagasaki, a group of five people were selected for the purpose of making the motion in a Japanese court. Shimoda, the leader of the group, came from Hiroshima and was 57 years old. He lost four daughters and one son in the atomic attack on Hiroshima, and he, his wife and surviving son suffered from persistent health problems. A lawyer named Yasuhiro Matsui joined the legal team.〔
Proceedings at the District Court in Tokyo began in April 1955, and they lasted for eight and a half years until the final ruling was rendered on December 8, 1963. Okamoto died of a stroke in April 1958 and did not live to see the final ruling.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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