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33 Korean J. Int'l & Comp. L. 1 (2005)
Trials & Errors: The Rights of the Korean Comfort Women and the Wrongful Dismissal of the Joo Case by the District of Columbia Federal Courts

handle is hein.journals/ktilc33 and id is 5 raw text is: TRIALS & ERRORS: THE RIGHTS OF THE KOREAN COMFORT WOMEN AND THE WRONGFUL DISMISSAL OF THE JOO CASE BY THE DISTRICT OF COLUMBIA FEDERAL COURTS L. David Nefouse * Introduction This paper will examine the legal and political plight of the Korean Comfort Women under the scope of both US and international law. In particular, the paper will focus on the recent Joo case brought in the US by former comfort women and will scrutinize the legal analysis used by the District of Columbia Federal District Court and Court of Appeals to deny both jurisdiction and justice to these women. Looking at the legal and political considerations, as well as the faulty reasoning used by the federal courts to dismiss the case, this paper will demonstrate how the comfort women, who at first had nobody to hear their silent accounts of what had happened to them, now, more than ever, need a forum to bring their claims against the Japanese government, and that forum is the US federal courts because the District of Columbia Federal District and Court of Appeals erred in dismissing the case for lack of jurisdiction and standing. This latter point is of the utmost importance especially in light of the fact that many of these few surviving women will soon reach the end of their days, and their claims against Japan, which include many allegations of violations of international law such • Federal Law Clerk for the Honorable Thomas B. Russell; Adjunct Professor of Law, American Justice School of Law; Juris Doctor, Duke University School of Law, 2005.

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