Handouts for Grades 11-12Handout 4.3: International Agreements related to Compensation ClaimsSan Francisco Peace Treaty of 1951 Article 14(a) of the treaty "It is recognized that Japan should pay reparations to the Allied Powers for the damage and suffering caused by it during the war. Nevertheless, it is also recognized that the resources of Japan are not presently sufficient if it is to maintain a viable economy to make complete reparation for all such damage and suffering and at the same time meet its other obligations." Article 14(b) of the treaty "Except as otherwise provided in the present treaty, the Allied Powers waive all reparation claims of the Allied Powers, other claims of the Allied Powers and their nationals arising out of any actions taken by Japan and its nationals in the course of the prosecution of the war, and claims of the Allied Powers for direct military costs of occupation." Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity (Adopted and opened for signature, ratification and accession by General Assembly of the UN resolution 2391 (XXIII) of 26 November 1968, entry into force 11 November 1970). Preamble of the convention states: "Noting that the application to war crimes and crimes against humanity of the rules of municipal law relating to the period of limitation for ordinary crime is a matter of serious concern to world public opinion, since it prevents the prosecution and punishment of persons responsible for those crimes. Recognizing that it is necessary and timely to affirm in international law through this convention the principle that there is no period of limitation for war crimes and crimes against humanity and to secure its universal application." Article 1 of the convention states: "No statutory limitation shall apply to the following crimes, irrespective of the date of their commission: (a) War crimes as they are defined in the Charter of the International Military Tribunal, Nuremberg, of 8 August 1945 ... for the protection of war victims; (b) Crimes against humanity whether committed in time of war or in time of peace as they are defined in the Charter of the International Military Tribunal, Nuremberg, of 8 August 1945 ... even if such acts do not constitute a violation of the domestic law of the country in which they were committed." back to top |