Hostname: page-component-77c89778f8-cnmwb Total loading time: 0 Render date: 2024-07-19T10:18:58.816Z Has data issue: false hasContentIssue false

Ryuichi Shimoda et al. v. The State.

Japan.  07 December 1963 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Subjects of international law — Extent to which individual has rights and duties in international law — Distinction between status of subject for creating norms of law and subject of rights in international law — Whether diplomatic protection is based on right of individual in international law.

International law — Relation to municipal law — Customary international law as part of municipal law — Position under Imperial Constitution of Japan — Position in law of United States of America.

Jurisdiction — Exemptions from — Foreign States — Whether immunity extends to action based on acts contrary to international law — Whether individual can sue United States of America in Japanese court for damage arising out of atomic bombing of Hiroshima and Nagasaki — The law of Japan.

State responsibility — Nature and kinds of — In general — Legality of nuclear weapons — Atomic bombing of Hiroshima and Nagasaki — Legality of indiscriminate bombardment of undefended cities and areas — Relevance of distinction in Hague Convention between military and ·non — military objectives — Whether individual has international claim for damage caused by use of such weapons Claim against national State based on waiver of alleged international claim against belligerent State — Whether alleged claim included in waiver of claims by Japan in Peace Treaty, Article 19.

State responsibility — Claims — State control over private claims Absorption of individual's claim in State's claim — Capacity of State to waive individual's claim by treaty — Whether waiver extends to claim under international law as well as to claims under municipal law — Nature of right of diplomatic protection — Treaty of Peace with Japan, 1951, Article 19 (a) — The law of Japan.

Effects of treaties of peace — In general — Waiver of claims by defeated State — Whether waiver extends to claims of nationals under international law as well as to claims under municipal law — Treaty of Peace with Japan, 1951, Article 19 (a).

Air warfare — Legality of nuclear weapons — Atomic bombing of Hiroshima and Nagasaki — Distinction between defended and undefended cities and areas — Legality of indiscriminate bombardment of undefended city or area — Hague Regulations, Article 25 — Hague Convention on Bombardment by Naval Forces, Article 1 — Draft Hague Rules of Air Warfare, 1923 — Whether distinction between military and non — military objectives still valid — Dropping of atomic bomb equivalent to indiscriminate aerial bombardment — Legality of target — area bombardment — Whether atomic weapons are poisonous weapons — Whether they cause unnecessary injury — Waiver of claims in Article 19 of Treaty of Peace with Japan, 1951.

Type
Case Report
Copyright
© Cambridge University Press 1966

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)