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On 12 August 2014, the Supreme Court of the Philippines wrote finis1 to the pleas for diplomatic protection of
the World War IIera military sex slaves2 known as comfort
women. According to the court in Vinuya v. Executive Secretary, it could not compel the Philippine government to file
a case against Japan for an official apology and reparations,
since the executive department had exclusive prerogative
over foreign relations matters.3
While the issue was limited to whether the Philippine
government should have espoused the claims of its nationals, the court gave an impression that the settlements under
the 1951 Treaty of Peace and the 1956 PhilippineJapanese
Reparations Agreement had already covered the survivors
demands. The question thus arises: Did Vinuya issue a definitive ruling on the legitimacy of the former military sex
slaves claims?
This article seeks to analyze the legal implication of the
courts pronouncements in Vinuya. It attempts to categorize
the nature of the statements as mere obiter dicta rather than
definitive rulings on the ultimate interpretation of the settlement of claims under the two treaties. In attempting to conclude that the decision did not foreclose the claims of the
survivors, the article looks into the nature of the suit filed as
well as the limitations set by the Philippine Supreme Court
in deciding the case. It also considers the context in which
the judgment was made in light of the concurring opinions.
Background
The idea of establishing military brothels or comfort stations emerged following the hostilities between Japan and
China in 1932.4 Due to the very high incidence of rape in
China, the Japanese government established a formal system
of controlled sexual service.5 The success of this system led
to the continuation of the practice during the Second World
War. To supply the comfort stations, countless numbers of
women were deceived, coerced, forcibly drafted, or abducted.6
Their primary role was to provide sexual release for the Japanese soldiers.7 Some women were forced to service as many as
70 soldiers a day.8 Those who refused were tortured or executed in front of the other women.9 A considerable number of
them eventually contracted gynecological infections, venereal
diseases, and mental disorders.10 Towards the end of the war,
the women were either killed or left to die.11
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