É possível reparar a história? O Direito Internacional do reconhecimento e as estratégias de responsabilização do Japão no caso ‘’Comfort Women’’

Abstract

This work aims to investigate whether Japan's accountability strategies for the remaining survivors of the military sexual slavery system were sufficient to repair the victims based on the International Law of Recognition in order to answer the question: is it possible to repair History? Initially, it is assumed that the victims were not compensated, nor is the State responsible in accordance with the forms of reparation requested by the survivors. In this sense, the present work begins with the analysis of the case at the intersection of feminism, social classes and nationalism, in addition to presenting Emmanuelle Jouannet's International Law of Recognition, the theoretical framework of the present research, in order to understand how it occurred historically the ''comfort'' system. The second part, in turn, addresses human rights violations that occurred within the system of military sexual slavery in accordance with the articles of the Universal Declaration of Human Rights, as well as investigating which actors sought to hold the State of Japan accountable for crimes committed against the victims of the ''comfort'' system and in what ways such reparation can occur according to the International Law of Recognition. Finally, Japan's accountability strategies at the domestic level of the Japanese country and the South Korean country and at the international level are presented in the third part of the work in order to understand whether the forms of reparation occurred spontaneously or not. Therefore, the research is qualitative, as it seeks to describe, interpret and analyze the entire “Comfort Women” case in order to understand its functioning, its causes and the accountability methods that can or were used to resolve the issue. To this end, the methodology used is the case study, in a deductive way, in which it goes from the general argument to the specific, and the method used was the specialized bibliographic review and the analysis of documents and recognized media vehicles. The results of the investigation suggest that Japan's strategies to take responsibility, even though there were some attempts to resolve the case, were insufficient to meet the survivors' desires for recognition.