Lessons for Grades 11-12

Lesson Four: International Law, Reconciliation, and Redress

Overview

Through the vehicle of a mock justice tribunal, students weigh evidence provided to determine whether Japan has settled its obligations with regard to war crimes and crimes against hu­manity committed by Japanese Imperial forces.


Teaching/Learning Strategies

Before starting this lesson, teachers may find it helpful to review the "Guidelines for Teaching About Controversial Issues" at the beginning of this resource. The issue of Japanese redress for its wartime violations of human is a contentious one and can be difficult to manage in a classroom discussion. Attempts to reach a judgement on questions like these can easily lead to a "chain" of grievances what about the Canadian internment of Japanese Canadians?; what about human rights in Tibet?," etc. Students may also feel they have to "take sides" based on their own ethnic identity. Teachers might want to stress that this activit y is about concepts of justice, not about taking sides.


1. Students use the various handouts in this resource as well as their own research to prepare a mock justice tribunal hearing.


  • Provide students with Handouts 4.1-4.4 (Organizing a Mock Justice Tribunal) and review the main tasks and the hearing process.

  • Divide the class into three groups, each with one of the following roles: tribunal members (judges); advocates for victims (prosecution); representatives for the Japanese government (defence). Review with students the other handouts for this and the other lessons and how each can be used by the different groups.
  • Have each group identify research questions and additional sources of information.
  • Remind students that the success of the hearing depends on an imaginative and thorough representation by all three role­ play groups. Encourage them to use the initial group discussion to identify research tasks to be carried out by each group member.
  • During the hearing, have students keep a point-form record of the arguments and counter-arguments to use as a resource for writing their responses.
  • Explain the meaning of the terms redress, reconciliation and compensate.
Redress: to acknowledge a wrong that was committed, the United Nations includes in its definition of redress violations of human rights (including war crimes and crimes against humanity). Redress is an act of amending injustice and may include apology, monetary compensation, as well as measures to prevent the recurrence of such injustices.

Reconcile: to harmonize; make compatible by overcoming a hatred or mistrust. To reconcile is to rebuild a sincere relationship without prejudice. Compensate: to provide a payment of money to make up for a wrong that was committed. It may include payment to individual victims or their surviving family members. Compensation can also be funds established to victimized communities.
  • Make students aware of the differences between legal and moral issues.
  • Before students present and defend their views, remind them of the following guidelines:
- the hearing process is meant to help them understand how international tribunal hearings are used to deal with conflicting positions, and to gain confidence in considering the political, moral and legal issues involved in reaching a judgement.

- arguments are convincing to the degree that they are logical and supported by relevant facts

- the prosecution and defence address their arguments only to the tribunal and do not rebut each other directly.

- whatever their role, their responsibility in the tribunal process is to listen carefully to the arguments presented and to respect the tribunal's final verdict of the tribunal,

- arguments include implications for individuals and society

  • To evaluate student's work, consider awarding marks to students who deliver points for the prosecution or defence and additional marks for the quality of their points. Each tribunal member could be given marks for keeping a point-form record of the arguments and counter­ arguments.


2. Students write a reflective response discussing what they think are the most viable solutions that will be fair to the victims and survivors of Japan's wartime crimes and to the Japanese people.
  • Have students consider the evidence from the tribunal hearing and from other lessons in this resource to develop their responses.

  • Work with students to develop criteria for assessment of their responses, for example:
- clearly states your opinion regarding viable solutions

- uses specific details and examples from the tribunal hearing, handouts, and other sources to support your opinion

- groups related ideas together

- comes to a logical conclusion regarding the most viable solutions that will be fair to the victims and survivors of Japan's wartime crimes and to the Japanese people

back to top