United States of America
Practice Relating to Rule 150. Reparation
Section C. Forms of reparation other than compensation
The US Field Manual (1956), under the heading “Remedies of Injured Belligerent”, provides:
In the event of [a] violation of the law of war, the injured party may legally resort to remedial action of the following types:
a) Publication of the facts, with a view to influencing public opinion against the offending belligerent.
b) Protest … and/or punishment of the individual offenders. Such communications may be sent through the protecting power, a humanitarian organization performing the duties of a protecting power, or a neutral state, or by parlementaire direct to the commander of the offending forces …
c) Solicitation of the good offices, mediation, or intervention of neutral States for the purpose of making the enemy observe the law of war.
d) Punishment of captured offenders as war criminals.
In 1988, the United States passed the Law on Restitution for WWII Internment of Japanese-Americans and Aleuts (1988) (as amended), the purpose of which was, inter alia, to:
(1) acknowledge the fundamental injustice of the evacuation, relocation, and internment of United States citizens and permanent resident aliens of Japanese ancestry during World War II;
(2) apologize on behalf of the people of the United States [for these acts];
(3) provide for a public education fund to finance efforts to inform the public about the internment of such individuals so as to prevent the recurrence of any similar event;
(4) make restitution to those individuals of Japanese ancestry who were interned;
(5) make restitution to Aleut residents of the Pribilof Islands and the Aleutian Islands west of Unimark Island, in settlement of United States obligations in equity and at law, for –
(A) injustices suffered and unreasonable hardships endured while those Aleut residents were under United States control during World War II;
(B) personal property taken or destroyed by the United States forces during World War II;
(C) community property, including community church property, taken or destroyed by United States forces during World War II; and
(D) traditional village islands on Attu Island not rehabilitated after World War II for Aleut occupation or other productive use;
(6) discourage the occurrence of similar injustices and violations of civil liberties in the future; and
(7) make more credible and sincere any declaration of concern by the United States over violations of human rights committed by other nations.
Title I of the Law, entitled “United States Citizens of Japanese Ancestry and Resident Japanese Aliens”, provides:
Each department and agency of the United States Government shall review with liberality, giving full consideration to the findings of the Commission and the statement of the Congress set forth in section 2(a) [section 1989a(a) of this Appendix], any application by an eligible individual for the restitution of any position, status, or entitlement lost in whole or in part because of any discriminatory act of the United States Government against such individual which was based upon the individual’s Japanese ancestry and which occurred during the evacuation, relocation, and internment period.
In a concurrent resolution adopted in 2000 on the war crimes committed by the Japanese military during the Second World War, the US Congress expressed its sense that “the Government of Japan should – (1) formally issue a clear and unambiguous apology for the atrocious war crimes committed by the Japanese military during World War II”.
In 2001, a draft concurrent resolution was put before the US Congress for it to call upon the Government of Japan to “formally issue a clear and unambiguous apology for the sexual enslavement of young women during colonial occupation of Asia and the Pacific Islands during World War II, known to the world as ‘comfort women’”.