‘Comfort Women’ and Gender Persecution in International Law

The issue of ‘comfort women’, who were forced into sexual slavery by the Imperial Japanese Army during World War II, has been a topic of global concern for decades. The relevant research conducted until now has revealed the extent to which these women were deprived of their freedom and control over their sexual autonomy. However, justice and reparations for these women have been slow in coming due to the complexity of the legal and political problems and the limited understanding of the gendered nature of these crimes. Meanwhile, in recognition of the importance of addressing gender-based crimes as part of efforts to combat impunity for gross human rights violations, the concept of gender persecution has evolved in international jurisprudence. Therefore, this article will explore to what extent the development of international law regulating gender persecution can contribute to promoting the right to justice and reparation for ‘comfort women’. To this end, I will investigate the historical context of the treatment of ‘comfort women’ and the evolving principles of international law on gender persecution, and identify how the legal framework can be applied to this matter. I argue that the systematic sexual slavery of the ‘comfort women’ constitutes gender persecution in international law which will need greater attention by Japan and international community. I also contend that addressing the issue of ‘comfort women’ in terms of gender persecution provides further insight on redress for these women by recognising victims as rights holders and identifying who victims are.