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Stringent
Dec 22, 2004


image text goes here

Wibbleman posted:

More interesting is the concept that a country is not responsible for what it does when it's not a democracy. Which would pretty much apply to Japan in this case as well for pretty much everything done until 1946 or whenever the first elections after the war were (which is why it is a stupid position to adopt).

Would apply if the country didn't continually elect descendants and sympathisers of the people who were responsible.

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Forums Terrorist
Dec 8, 2011

So it wouldn't apply in Korea either then.

Red and Black
Sep 5, 2011

Mr. Fix It posted:

Is there any legal basis for overturning a treaty because the ruler was a dictator? The 1965 aggreement is a legal and in-force treaty as far as I know. Would the RoK be willing to give back that money if it really is illegitimate? I understand the moral argument that Japan should do more, but there is no legal grounds for it.

I think the right would say that even if they did engage the victims, that politicians in South Korea would still use the past crimes to drum up anti-Japanese sentiment. And what about the Kono Statement? There are nutters that tried to get it nullified, but it wasn't, and it seems like a pretty direct acknowledgment and apology. It being apparently forgotten in Korea just gives the Japanese right ammunition when they claim the continues complaints are just political.

It does give me great pain the lengths that the Japanese right is going to whitewash crimes against humanity committed during the war. However I think attempts by politicians in countries that were victimized to drum up anti-Japanese sentiment for political purposes just plays right into what Abe and his ilk want: an image of a Japan surrounded by enemies that needs a real military and a strong authoritarian government to protect itself. My heart bleeds for the real victims who have, if not legal, moral grounds to demand something of Japan and are just used as pawns by unscrupulous politicians.

There's no legal basis for or against it. International treaties are for the most part, voluntary agreements between states. There are some treaties that are parts of larger international frameworks which aren't this way, but as far as I'm aware theres no international convention that binds a state to a treaty surrendering its right to demand formal reparations. Which makes the Japanese right-wing's claim seem weak. The moral issue on the other hand, is pretty clear, and what you should focus on if you actually care about the victims of Japanese war crimes.

The Kono statement was good, but it has, sadly, been significantly undermined by the statements and actions of Japan's politicians and governing bodies. Even if that wasn't the case, the Kono statement is still not an acceptance of legal responsibility, and if anything has been made clear by the groups representing the surviving comfort women, it's that legal responsibility is key.

Wibbleman posted:

More interesting is the concept that a country is not responsible for what it does when it's not a democracy. Which would pretty much apply to Japan in this case as well for pretty much everything done until 1946 or whenever the first elections after the war were (which is why it is a stupid position to adopt).
It's not a new concept. In most modern legal systems, you're not responsible for actions you have been coerced into doing. Internationally, many states have refused to repay loans that were taken out by dictators. For example, in 1898 at the conclusion of the Spanish-American war the US argued that the colonial government of Cuba was not bound by the debt it incurred under its colonial rulers. There have been other modern examples as well. At the end of the day though, there's no existing international framework for this kind of issue, nor has there been a ruling in an international court to my knowledge. Moral arguments hold more weight that legal arguments here.

Obviously average Japanese people shouldn't be held responsible for the actions of the Imperial Government, but the Japanese government itself should be held responsible for its actions. You're probably going to argue something like "well the Japanese people will still be on the hook because they pay taxes" but this isn't necessarily the case. You could raise the money for reparations by taking it from the estates of deceased war criminals for example.

Red and Black fucked around with this message at 01:50 on Jan 23, 2016

mystes
May 31, 2006

How exactly would the Japanese government accept legal responsibility? Pass a special law saying that individual comfort women can sue the Japanese government in Japanese courts and automatically win (assuming this wouldn't actually require a constitutional amendment), which would be totally different from just paying them money directly?

Red and Black
Sep 5, 2011

mystes posted:

How exactly would the Japanese government accept legal responsibility? Pass a special law saying that individual comfort women can sue the Japanese government in Japanese courts and automatically win (assuming this wouldn't actually require a constitutional amendment), which would be totally different from just paying them money directly?

Here you go. The Japanese government would probably have to set up a process for determining who receives reparations. It could be within Japan's court system. I think ideally though, you would use the ICC and the Rome Statute, which both Japan and Korea are party to.

mystes
May 31, 2006

A lot of the entries on that page seem pretty similar to what Japan has already done; why do those count as accepting legal responsibility when what Japan has done doesn't?

mystes fucked around with this message at 02:15 on Jan 23, 2016

Red and Black
Sep 5, 2011

mystes posted:

A lot of the entries on that page seem pretty similar to what Japan has already done; why do those count as accepting legal responsibility when what Japan has done doesn't?

Not the same as Japan because the treaty that concluded WW2 legally bound Germany to pay reparations. Japans statements and payments so far have been presented as voluntary offerings to ease tensions. It's not the same thing. The survivors of Japans war crimes want a legally binding agreement similar to what Germany faced.

icantfindaname
Jul 1, 2008


If the issue is ultimately a moral and not a legal one how would a stronger legal setup for reparations change anything? The Japanese right would still be revisionist, even as it paid out the legally mandated sums. The basic issues is that the Japanese right are revisionists, and the German right is not. Legally binding agreements will not change that, the whole issue is a distraction. If South Korea decides they don't want to deal with Japan so long as the Japanese right are revisionist that's entirely their right, but they should just come out and say that instead of playing this neverending game where they demand and Japan accedes to legalities and formalities that both of them know aren't going to change anything

icantfindaname fucked around with this message at 02:29 on Jan 23, 2016

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.
It isn't exactly a bilateral thing though. South Korea isn't the only country that was a victim of Japan's atrocities during WWII. Japan is worried that if they formally give in on this it will be used as precedent by other countries, who will want their own repirations.

Red and Black
Sep 5, 2011

Wait, you mean Japan would be accountable to all of its victims equally? Horror among horrors.

Also, how interesting that supposedly nobody supports Japan's war crime denialists, yet so many posters in this thread will carry water for them with concern trolling.

ocrumsprug
Sep 23, 2010

by LITERALLY AN ADMIN

Chomskyan posted:

Wait, you mean Japan would be accountable to all of its victims equally? Horror among horrors.

Also, how interesting that supposedly nobody supports Japan's war crime denialists, yet so many posters in this thread will carry water for them with concern trolling.

You don't have a good read on this thread unfortunately, stick with Japan.

Red and Black
Sep 5, 2011

edogawa rando
Mar 20, 2007

I can't see how that could possibly be abused in any way shape or form.

Combed Thunderclap
Jan 4, 2011




Looks to me like the government is going for a chilling effect to keep the media in line, can't imagine them actually shutting down a broadcaster without massive international attention.

Red and Black
Sep 5, 2011

Truga
May 4, 2014
Lipstick Apathy
This forum needs a Putin version of :black101:

I have a feeling we'll be needing it in the future.



vvvv: :wtc: what kind of logic is that?

Truga fucked around with this message at 01:56 on Feb 19, 2016

mystes
May 31, 2006

It's been a great week for Japanese politics, with LDP representative Kazuya Maruyama also saying "アメリカは黒人が大統領になっている。これは奴隷ですよ."

Ran Mad Dog
Aug 15, 2006
Algeapea and noodles - I will take your udon!
I hope they're having a good time now rolling around in the poo poo of their one party state. :shrek:

ErIog
Jul 11, 2001

:nsacloud:

Truga posted:

vvvv: :wtc: what kind of logic is that?

I'm having trouble digging up the entire context, but it appears as though he was talking about dynamic shifts in American society. The most complete quote I can find of what he said is like, "A black person is president in America. A slave! When the United States was founded it would have been unthinkable for a black person, a slave, to become president. That's a country with dynamism."

The point he's making makes sense, but he articulated it in a really dumb racist way that shows he wasn't thinking much about it beyond wanting to shorthand the American civil rights movement into a political talking point.

Ran Mad Dog posted:

I hope they're having a good time now rolling around in the poo poo of their one party state. :shrek:

Japan being a one party state isn't really new. LDP factions have basically functioned as political parties for all but a few years of Japan's post-war history. Japanese leaders being cozy with the large media companies also isn't new, and the press club system has perpetuated a chilling effect for years.

The thing that seems new is that Abe has done a really bad job of keeping his fingerprints off the micromanagement of it.


ErIog fucked around with this message at 03:14 on Feb 19, 2016

Geostomp
Oct 22, 2008

Unite: MASH!!
~They've got the bad guys on the run!~

ErIog posted:

I'm having trouble digging up the entire context, but it appears as though he was talking about dynamic shifts in American society. The most complete quote I can find of what he said is like, "A black person is president in America. A slave! When the United States was founded it would have been unthinkable for a black person, a slave, to become president. That's a country with dynamism."

The point he's making makes sense, but he articulated it in a really dumb racist way that shows he wasn't thinking much about it beyond wanting to shorthand the American civil rights movement into a political talking point.


Japan being a one party state isn't really new. LDP factions have basically functioned as political parties for all but a few years of Japan's post-war history.

Still, even in a country not known for racial sensitivity, you'd think he'd know better than to equate all black people, and especially the President of the US with slaves. That said, it's not really any dumber than what we get from right wingers here in the US.

ErIog
Jul 11, 2001

:nsacloud:

Geostomp posted:

Still, even in a country not known for racial sensitivity, you'd think he'd know better than to equate all black people, and especially the President of the US with slaves. That said, it's not really any dumber than what we get from right wingers here in the US.

It's a similar to gaffe to when Trump said, "they're rapists," when he announced his candidacy. Politicians want to be able to talk in broad strokes and assume that introducing caveats like, "some" or "may be" makes their talking point less solid. So they remove the caveats without realizing that they've now said something really racist. They know what they meant, and they assume everyone else should have known that what they meant was not precisely what they said.

In this case the missing caveat was, "If this were 200 years ago then he would have been..." This kind of thing happens in political discourse all the time, and yes, politicians whose job it is to communicate with people should be much better than they are at saying what they mean to say.

The racial insensitivity piece stems from where and when the caveats I'm talking about get removed. In the US, for example, white politicians almost never talk about "white people" without introducing some kind of caveat to explain exactly which people they're talking about.

They do this kind of thing way more often when talking about non-whites and it exposes their stereotype-based thinking.

ErIog fucked around with this message at 03:30 on Feb 19, 2016

icantfindaname
Jul 1, 2008


Ran Mad Dog posted:

I hope they're having a good time now rolling around in the poo poo of their one party state. :shrek:

They have been, for the last 70 years

Speaking of which, how much of the JSP never getting into power in the postwar period had to do with their political positions? From what I am reading they basically refused to moderate from full demilitarization/geopolitical neutrality and full socialism. Wiki says they recognized NK as the legitimate Korean government until 1990. Compare to say the German SPD post-Schuhmacher, which more or less dropped those planks and accepted alliance with the US and welfare liberalism. Why did the JSP not do that? Seems like an unwise choice to me, as the result was single-party LDP government. Of course, the CDU was pretty dominant in postwar Germany as well, so who knows

icantfindaname fucked around with this message at 03:46 on Feb 19, 2016

mystes
May 31, 2006

ErIog posted:

I'm having trouble digging up the entire context, but it appears as though he was talking about dynamic shifts in American society. The most complete quote I can find of what he said is like, "A black person is president in America. A slave! When the United States was founded it would have been unthinkable for a black person, a slave, to become president. That's a country with dynamism."
Yeah. This page has a transcript. (You can also watch it 2 hours and 24 minutes into http://www.webtv.sangiin.go.jp/webtv/detail.php?sid=3457&type=recorded ). The relevant part is:

quote:

例えば今、アメリカは黒人が大統領になっているんですよ。黒人の血を引く、ね。これは奴隷ですよ、はっきり言って。で、リンカーンが奴隷解放をやったと。でも公民権も何もない。マーティン・ルーサー・キングが出てですね、公民権運動のなかで公民権が与えられた。

でもですね、まさかアメリカの建国、あるいは当初の時代に、黒人・奴隷がですね、アメリカの大統領になるとは考えもしない。

これだけのですね、ダイナミックな変革をしていく国なんです
So,

quote:

The point he's making makes sense, but he articulated it in a really dumb racist way that shows he wasn't thinking much about it beyond wanting to shorthand the American civil rights movement into a political talking point.
Yeah, if you read the the next part, since "公民権も何もない" is also present tense, describing the situation after the emancipation proclamation, "奴隷ですよ" is probably actually intended to be describing the situation when the US was founded, but he neglected to preface the statement by anything that would make that clear and only indicated, "でもですね、まさかアメリカの建国、あるいは当初の時代に..." at the end. While the overall message wasn't bad if you read the whole thing carefully, it was a poor choice of words (he could have been trying to be intentionally provocative by starting with "これは奴隷ですよ," too). I found this whole situation funny because the English-language media, presumably being afraid of being accused of mistranslated his remarks, just kind of gave up, ignored "これは奴隷ですよ," and left it very unclear why anyone would even find the remarks potentially objectionable.

mystes fucked around with this message at 05:48 on Feb 19, 2016

edogawa rando
Mar 20, 2007

Yeah, he pretty much hosed up the tense there.

LimburgLimbo
Feb 10, 2008
I don't know about specifics of linguistics but as soon as I saw the Japanese mystes posted ( "アメリカは黒人が大統領になっている。これは奴隷ですよ.") I understood exactly what he meant. I don't think it's that he messed up the tense so much as tense can be highly contextual in Japanese.

I read it as more or less "this is (a man who a short time ago would have been) a slave"

EasternBronze
Jul 19, 2011

I registered for the Selective Service! I'm also racist as fuck!
:downsbravo:
Don't forget to ignore me!
The guy's statement is entirely accurate. Imagine how shocking it would be for Japan to have a zai-nichi Korean as their Prime Minister.

Stringent
Dec 22, 2004


image text goes here

EasternBronze posted:

The guy's statement is entirely accurate. Imagine how shocking it would be for Japan to have a zai-nichi Korean as their Prime Minister.

Or burakumin as mayor of Osaka.

Peel
Dec 3, 2007

That kind of reads to me as something that's only offensive when translated into the American context where there's a stricter etiquette for talking about the subject, rather than in itself in the original Japanese context. But I don't know much about that context.

It's inaccurate in the sense that there were always free black people in the US, but still.

Bakanogami
Dec 31, 2004


Grimey Drawer
I find his other remarks about Japan becoming America's first state much more laughable. The slave thing is just poorly worded and then comes off as worse in the translation.

ErIog
Jul 11, 2001

:nsacloud:

Peel posted:

That kind of reads to me as something that's only offensive when translated into the American context where there's a stricter etiquette for talking about the subject, rather than in itself in the original Japanese context. But I don't know much about that context.

It's inaccurate in the sense that there were always free black people in the US, but still.

Nah, it's pretty racist. It's not like nihonjinron KKK racist, but it shows a lack of cultural sensitivity on his part for not adding the few words it would have taken to not sound real racist. It does feel like there's probably someone who didn't like him who decided to quote him without full context to try to make this an issue, but he hosed up on his phrasing real hard. Translations can make it sound better or worse, but it being in Japanese doesn't give him a pass. He made a leap from black man -> slave that wouldn't be possible unless you were thinking in terms of tokens, stereotypes, and talking points.

ErIog fucked around with this message at 13:22 on Feb 19, 2016

EasternBronze
Jul 19, 2011

I registered for the Selective Service! I'm also racist as fuck!
:downsbravo:
Don't forget to ignore me!
But Barack Obama is descended from a slave, possibly the first one. Even if he wasn't, surely you aren't going to imply that the effects of slavery don't linger on to the present day?

NeilPerry
May 2, 2010

Vagabundo posted:

Yeah, he pretty much hosed up the tense there.

It is entirely possible to refer to historical events in the present tense in Japanese.

icantfindaname
Jul 1, 2008


Stringent posted:

Or burakumin as mayor of Osaka.

not like that!

Red and Black
Sep 5, 2011



lol right after the new agreement

Mr. Fix It
Oct 26, 2000

💀ayyy💀


Chomskyan posted:



lol right after the new agreement

Who's mouthing off? It's really not surprising at this point when the government says one thing while figures in the LDP say something else. Little bit of two-facedness, little bit of the LDP being a fractious pile of poo poo.

Red and Black
Sep 5, 2011

Shinsuke Sugiyama, Japan’s "deputy foreign minister". In this case he was Japan's envoy to the UN.

It's worth noting that his statements don't strictly contradict the apology made during the recent agreement, which was pretty vague. They do however contradict the Kono statement (which Abe previously said he'd uphold) and the government investigation that preceded it.

Red and Black fucked around with this message at 03:27 on Feb 25, 2016

Forums Terrorist
Dec 8, 2011

hum it's almost as if the ldp want this to stay an issue to distract from all the terrible poo poo they're doing/the japanese economy being loving dead

Mr. Fix It
Oct 26, 2000

💀ayyy💀


Chomskyan posted:

Shinsuke Sugiyama, Japan’s "deputy foreign minister". In this case he was Japan's envoy to the UN.

It's worth noting that his statements don't strictly contradict the apology made during the recent agreement, which was pretty vague. They do however contradict the Kono statement (which Abe previously said he'd uphold) and the government investigation that preceded it.

Lol, is it just me or is everyone in the government with "deputy" in their title a complete asshat? I think Abe's been careful this time around at not putting his friends and loyalists into top cabinet positions and is sticking them all in deputy rolls instead. Probably not that uncommon a move regardless of a leader's political bent, but the upside is that when ever one of these deputies opens their mouths I think we're getting an unfiltered view of what Abe-chan believes and thinks.

ErIog
Jul 11, 2001

:nsacloud:

Chomskyan posted:

Shinsuke Sugiyama, Japan’s "deputy foreign minister". In this case he was Japan's envoy to the UN.

It's worth noting that his statements don't strictly contradict the apology made during the recent agreement, which was pretty vague. They do however contradict the Kono statement (which Abe previously said he'd uphold) and the government investigation that preceded it.

It really depends on how you parse the sentence, "The issue of comfort women, with an involvement of the Japanese military authorities at that time, was a grave affront to the honor and dignity of large numbers of women, and the Government of Japan is painfully aware of responsibilities from this perspective."

The larger issue here is that the only thing we have to go off of in terms of this new agreement is the text of the very brief joint statement. As far as I know the actual agreement text hasn't been released, and since the above sentence is so vague there's no way to definitively say whether or not Sugiyama's statement contradicts the details of what Abe agreed to.

Forums Terrorist posted:

hum it's almost as if the ldp want this to stay an issue to distract from all the terrible poo poo they're doing/the japanese economy being loving dead

I really don't think Sugiyama's statement was meant to rile up the base ahead of an election that's, at the earliest, four and a half months away. In America with the longer time scales for campaigning maybe you'd be right, but not in Japan.

I think the actual agreement text not being released was a purposeful move by Abe to try to have it both ways. He spends a lot of time outside Japan talking with other world leaders, and he probably wanted to do something so that he doesn't have to keep talking about the comfort women issue while in his role of representing Japan to the world. However, he also knows that the nationalists in his party and in his base would be real angry with him if he ceded too many of the "disputed" facts to South Korea.

He wants the international credit for solving the comfort women issue while trying to pretend, domestically, that the agreement doesn't offend his party's notions of Japan's national honor. I'm betting that if we ever see the real text of the agreement it will be quietly dumped out on some government website with a very questionable English translation directly following Abe's re-election.

Mr. Fix It posted:

when ever one of these deputies opens their mouths I think we're getting an unfiltered view of what Abe-chan believes and thinks.

Sugiyama basically repeated what Abe, himself, said in 2007. It's also not a controversial opinion among most Japanese politicians who can trace their lineage back to people in positions of power during the war. For many of them this is a personal issue.

ErIog fucked around with this message at 04:15 on Feb 25, 2016

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Trivia
Feb 8, 2006

I'm an obtuse man,
so I'll try to be oblique.
Off topic, but can anyone explain why the yen is getting stronger? I'm tempted to send some cash home but not sure exactly when to do it.

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