No CrossRef data available.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 07 May 2025
At the centenary of Japan's Annexation of the Korean Empire in August 2010, speculation centered on whether Japan could achieve a radical departure from its traditional foreign policy of ‘Datsu-A Nyu-Ou’, namely leaving Asia to become a Western style country. This policy, resulted in Japan's colonization of Korea in August 1910 and led further to the invasion of China and other Asian nations, ending in Japan's utter defeat in August 1945.
1 「脱亜入欧」. The policy pursued by Japan since the Meiji era, was advocated by Fukuzawa, Yukichi.
2 “Text of Kan's statement on Korean annexation”, Kyodo News, cited from The Japan Times, Wednesday, 11 August 2010. Accessed 24 January 2011.
3 Link, visited on 24 January 2011.
4 The author worked on violations of human rights both in Japan and at the UN as a practicing lawyer and author of many articles and some books. This article suggests that many post-war violations of international human rights law by Japan may have their roots in pre-war violations of international law.
5 (1) ‘Annexation of Korea’ 100 Years Civil Network, “Reexamining the Annexation of Korea: Origin of Coercion, Violence, and Colonial Ruling” Published by Agenda Project, March 26, 2010. (2) Wada Haruki, ‘Centenary of Annexation of Korea and Japanese’ Shisou No. 1029, 2010-1, pp. 239-254. (3) Kyodo News Agency, “Annexation of Korea was initially null and void: Jointly Signed by Korean and Japanese Intellectuals” 10 May 2010, 19:11.
6 An extreme case of many such examples illustrative of the mentality of Japanese conservatives that is deeply rooted in Japanese society is well described in Mark Caprio, “Neo-Nationalist Interpretations of Japan's Annexation of Korea: The Colonization Debate in Japan and South Korea,” The Asia-Pacific Journal.
7 For example, it is increasingly difficult to find references in textbooks to the so-called ‘comfort women’. I first learned about this issue when Senator Motooka Shoji raised the question of the ‘comfort women’ in 1990. In February 1992, I brought the issue before the UN Commission on Human Rights.UN Doc. E/CN.4/1992/SR.30/Add1, para. 14-18. The UN summarized the author's oral statement as follows: “… One example was the situation of Korean girls and women abducted by Japanese forces during the Second World War for use as sex slaves. … In January 1992 the Government of Japan made an apology to the Korean People but offered no compensation or other effective remedy to the victims as required by article 8 of the Universal Declaration of Human Rights.…”
8 The brief calligraphy pieces in Chinese were made by Ahn Jung-geun, who wished to convey deep philosophical messages to the Japanese, while waiting for execution in prison. Ryukoku University was reluctant to make them public, fearing attack by rightists. To treat Ahn Jung-geun respectfully might reverse the understanding of the standard history recognition in Japan, as Ahn had been recognized as one of major criminals in Japan, while he was considered to be one of the most symbolic heroes, who sacrificed his life to recover independence in Korea.
9 Totsuka Etsuro, “Illegality of Ahn Jung-geun's Trial and East Asian Peace” Issue 2, Volume 42 of Ryukoku Hogaku, 2009, pp. 1-27.
10 See (1) Totsuka Etsuro ‘Instead of a Final Lecture: Looking back at the Origin of 100 Years since the Annexation of Korea – Was the Korea Protectorate Treaty of 1905 Fabricated?' Ryukoku Hogaku, Issue 3, Volume 42, pp. 311-336. (2) The paper was published in the previously mentioned “Reexamining the Annexation of Korea.” (3) Totsuka Etsuro, lecture: Kyoto Jiyu University Special Lecture (Jointly organized by the university and ‘Annexation of Korea' 100 Years Civil Network) ‘Centenary of Prosecution of Ahn Jung-geun (excuted on March 26th, 1910) ‘“Looking back at the Origin of 100 Years since the Annexation of Korea – Was the Korea Protectorate Treaty of 1905 Fabricated?” 26 March 2010, Kyoto Jiyu University.
11 “NHK Special: Japan and Korean Peninsular Episode 1: Road to Annexation of Korea – Hirobumi, Ito and Ahn Jung-geun,” 18 April 2010.
12 Totsuka Etsuro ‘100 Years since Establishment of Resident General and Illegality of Eulsa Protectorate Treaty: Surrounding 1963 UN ILC Report’ Ryukoku Hogaku, Vol. 39, No.1 (2006), pp.15-42.
13 UN Document:-A/CN.4/163, Yearbook of the International Law Commission: 1963, vol. II, p. 139.
14 See Totsuka ‘100 Years since Establishment of Government General’.
15 UN Doc. E/CN.4/1993/NGO/36. COMMISSION ON HUMAN RIGHTS Forty-ninth session Agenda item 19, REPORT OF THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES ON ITS FORTY-FOURTH SESSION, Written statement submitted by the International Fellowship of Reconciliation, a non-governmental organization in consultative status (category II) [15 February 1993].
16 Mainichi Shimbun (February 16th, 1993) ‘Comfort Women Issue - Human Rights Organization of Switzerland “Japan-Korea Protectorate Treaty is Invalid” 1963 UN Commission Report’.
17 The author is grateful for the cooperation of IFOR, in particular Mr. Rene Wadlaw, in submitting the written statement to the CHR. The NGO written statement did not carry my name as its drafter and the media reports mentioned only the name of the NGO, IFOR and its Main Geneva Representative. It is true that Mr. Wadlaw submitted it to the UN Secretariat as the Mainichi reported.
18 C. J. Eckert et al., Korea Old and New a History, 1990, Harvard University Press, p. 239.
19 1963, Part II, p. 197.
20 Ibid.
21 Meeting Minutes No.7 of Senator Budget Committee held on March 23rd 1993, p8-13.
22 The UN General Assembly on November 18th, 1963 adopted Resolution 1902 (XVIII) on the 1963 ILC report.
23 Research Institute of International Human Rights (Chairman: Motooka Shoji), “Was the 1905 Korea Protectorate Treaty Valid?” (1993). This was not a formal publication of an academic or commercial nature but was used as material for political campaigns. My Japanese report (draft paper mentioned above) was included with my name among several documents.
24 Yi Tae-jin, ‘Japan-Korea Dialogue: Annexation of Korea was Not Valid (Vol. 1) Japan's Deprivation of Korean Empire's Sovereignty and Forced Treaty,' Sekai, July1998, pp. 300-310. Yi Tae-jin ‘Dialogue: Annexation of Korea was Not Valid (Vol. 2) Japan's Deprivation of Korean Empire's Sovereignty and Forced Treaty,' Sekai, August 1998, pp. 185-196.
25 Unno Fukuju, ‘Reexamination of Professor Yi's ‘Invalidity of Annexation of Korea,' Sekai, October 1999, pp, 261-262.
26 Sakamoto Shigeki ‘We Should Not Fall in the Trap of Japan-Korea Treaties, ‘Sekai, September 1998, pp. 193-206.
27 Unno Fukuju, ‘2nd Japan-Korea Treaty of 1905‘, Sundai History 91, 1-34, 1994-03-3. See pp. 2-8 and p. 31 of the paper supporting the author's argument (Invalidity of the 1905 treaty relying on the 1963 UN ILC Report).
28 Unno Fukuji, Annexation of Korea, Iwanami Shoten 1995, pp. 164-165. Professor Unno advocates the ‘No Ratification Required Theory’ in the aforementioned Sundai History paper and has made no change in his theory concerning ratification.
29 Unno, Iwanami Shoten, p. 244.
30 Sakamoto Shigeki, ‘Effectiveness of Japan-Korea Protectorate Treaty: From the Perspective of Forced Treaty, ‘Kansai University Legal Study Collection 44 (4 · 5), pp. 869-932, 1995-01.
31 The author's major field is international human rights law (practices), not treaty law. (2) Prof. Sasagawa is a specialist on the constitution. In a joint study (Sasagawa Norikatsu and Yi Tae-jin, eds., International Joint Study: Annexation of Korea and Reexamination under Modern History and International Laws, Akashi Shoten, 2008, he presented in-depth research supporting the descriptions in the 1963 ILC report on the invalidity of a treaty forced on national delegates. Prof. Sakamoto Shigeki is a specialist in international law (treaty law) (4) Prof. Unno Fukuju is a specialist in the modern history of Chosun and Korea-Japanese relations. (5) Prof. Arai Shinichi has been conducting crucial research in legal positivist criticism based on historical methods (Arai Shinichi ‘Japan's Diplomacy toward Korea and Implementation of International Law, ‘included in the aforementioned “International Joint Study” by Sasagawa and Yi, pp. 258-292). His specialty is international relations.
32 Prime Minister Murayama Tomiichi's response (1995) to the Senate. Meeting Minutes No. 4 of the Senate General Meeting of October 5th, 1995, 134th Plenary Session, October 5th, 1995.
33 Totsuka, “100 Years since the Establishment of the Government General.”
34 (1) Authored by Yi Tae-jin, translated by Toriumi Yutaka, Korea History Told to Tokyo University Students: Question of the Validity of Colonial Rule in Korea, Akashi Shoten, 2006, pp. 159-219 in particular. (2) Sasagawa and Yi, “International Joint Study.” (3) Yi, Tae-jin, The Dynamics of Confucianism and Modernization in Korean History, Cornell University Press, 2007.
35 The three other treaties were signed on 23 February 1904, 22 August 1904 and 24 July 1907.
36 Article 13 of the Constitution of the Empire of Japan provides that ‘the Emperor shall declare wars, pursue reconciliations, and conclude all types of treaties’, thereby granting the Emperor the authority to sign treaties. Japanese domestic law established procedures to sign treaties. Prof. Unno cited evidence written in 1936, but he failed to examine the Japanese Foreign Ministry's practices in 1905.
37 Sasagawa and Yi, “International Joint Study,” p. 109 refers to research by Prof. Yi, Tae-jin related to Article 8.4 of Rules on the Executive (eui-jung-bu) that provides for the conclusion of treaties under Korean domestic law at that time. See pp. 125-131.
38 Baek Chung-hyun ‘Review of Japan's Annexation of Korea from the Perspective of International Law, ‘in Sasagawa and Yi, “International Joint Study,” p. 389.
39 Authored by William Hall and translated by Tachi Sakutaro, Public International Law by Mr. Hall (translation of 4th edition of the original work) published by Tokyo Institute of Legal Studies, distributed by Yuhikaku Shobo, 32nd year of Meiji (1899), p. 433 (in Japanese translation). Mr. Hall, p. 345 (in original English version). The author also cited an exception: ‘when an international contract is personally conducted by a sovereign or other person exercising the sole treaty-making power in a state, or when it is made in virtue of the power incidental to an official station’. The 1905 ‘Korea Protectorate Treaty’ was not signed by Emperor Kojong. No organization existed with authority equal to that of Emperor Kojong.
40 Hall, p. 433 (in Japanese translation.); p. 345 (in original English version).
41 William Edward Hall, “A Treatise on International Law,” Oxford: Clarendon Press (1895). The sentence in point is found on p. 345. “Except.…. ratification by the supreme treaty-making power of the state is necessary to its validity.”
42 William Edward Hall, “A Treatise on International Law” Tokyo: Sanseido (1896). Published on May 19th, the 29th year of Meiji (1895) by Sanseido Shoten
43 The details of this research were published in Japanese. Totsuka Etsuro, “The 100th year anniversary of Annexation of Korea and International Law: Research on academic writings of the time for ‘Ratification Required’ theory in relation to the invalidity of the old Japan-Korea Treaties”, Gendai Kankoku Chosun Kenkyu No. 10 (Nov. 2010), pp. 27-37.
44 Kurachi Tetsukichi, Public International Law, published by Tokyo/Nippon Law School, 32nd year of Meiji (1899), Lecture Notes of 4th Session of Nippon Law School. Accessed on January 8th, 2010.
45 Totsuka Etsuro, ‘Illegality of Ahn Jung-geun's Trial and East Asian Peace’, Issue 2 Volume 42 of Ryukoku Hogaku, 2009, pp. 1-27.
46 Cabinet Document Administration of the Ministry of Foreign Affairs ‘Circumstances Surrounding Annexation of Korea Observed by Kurachi, Tetsukichi’, Modern Diplomacy Memoir 4 Yumani Shobo, 2000, pp. 163-182.
47 Unno Fukuju, “Japan-Korea Treaties and Annexation of Korea” Note (2) on p. 10. Prof. Unno's quotation was from p. 197 concerning forced conclusion, and my reference is from pp. 198-199 and pp. 201-202 in support of the ‘Ratification Required’ theory.
48 Robert Jennings and Arthur Watts, (eds.), Oppenheim's International Law Ninth Edition Vol. 1 Peace Parts 2 to 4, Longman, 1996, pp. 1226-1230.
49 Refer to author's other papers for omitted parts.
50 ROK Ambassador to Japan, Kwon Chul-hyun, Open Lecture titled ‘Historical Developments of Korea-Japan Exchanges and Future Tasks’, on Tuesday, June 16th, 2009, given for the Author's class at Ryukoku University.
51 NHK Matsuyama Station ‘Special Drama: Clouds over Hills’.
You have
Access
Open access