Truth, memory and justice: the intersection of the right to the truth and memorialisation in the “comfort women” case

Abstract

Through the case study of South Korean victims of Japanese sexual slavery (“comfort women”), this thesis explores how truth-seeking, memorialisation, and justice interconnect and strengthen one another in efforts to seek redress following gross and widespread human rights violations. Firstly, the thesis argues that the right to the truth, firmly rooted in international human rights law, provides a solid legal foundation for “comfort women” claims, as it requires Japan to investigate the facts, acknowledge full responsibility, disclose evidence, and provide reparation to victims. Secondly, the thesis explores the significance and purposes of the memorialisation processes carried out in South Korea and Japan regarding the “comfort women” issue, which include urging the Japanese government to acknowledge the atrocities committed, honouring the victims, and ensuring that knowledge of the past is preserved, shared, and transmitted to future generations. Lastly, this thesis proposes that a truth commission and ad hoc archives could serve as potential future avenues for justice for “comfort women”, as they incorporate both dimensions of truth and memory, while fulfilling Japan’s duties towards the victims. The thesis concludes that truth and memory indeed offer pathways to justice for “comfort women”: on the one hand, the right to the truth provides survivors with a strong legal basis to demand that Japan’s government investigate, redress victims, and disclose information, thereby acknowledging its responsibility for wartime sexual slavery; on the other hand, memorialisation ensures that this knowledge remains accessible and is passed on to future generations, supporting survivors and society in dealing with the past and recognising the harm inflicted.