The Retrial Request Case (Comfort Women Compensation Retrial)

In February 2026, 98-year-old Korean comfort woman survivor Lee Yong-soo and five other victims or their heirs filed a retrial request with the Supreme Court of Japan. They sought to overturn the final 2004 judgment that had dismissed their claims for compensation and an official apology from the Japanese government for its wartime military sexual slavery system. The applicants argued that newly declassified UN documents, an authoritative 2021 International Criminal Court policy paper on crimes against humanity, and subsequent rulings by other national courts constituted fresh evidence proving that systematic sexual violence violates peremptory norms (jus cogens), which should override state immunity. They contended that the original court erred in applying sovereign immunity and that a retrial was necessary to avoid a miscarriage of justice. The case reignited the legal battle over historical accountability, drawing intense attention from human rights organizations and diplomats.

On May 12, 2026, the Supreme Court of Japan unanimously dismissed the retrial request. The court ruled that the submitted materials did not constitute new evidence sufficient to change the original judgment, reaffirmed that state immunity bars civil claims against the government for wartime acts, and held that the 2004 decision remained final and binding. The victims' last domestic legal avenue in Japan was thus exhausted.

Whether the newly presented UN reports and international criminal law materials qualify as "new evidence" under Article 435 of Japan's Code of Criminal Procedure to warrant a retrial; whether jus cogens norms relating to sexual slavery override the doctrine of state immunity in domestic civil proceedings; and whether the 2004 final judgment contained fundamental legal errors that justify reopening the case.

The ruling provoked immediate diplomatic fallout: South Korea summoned the Japanese ambassador in protest, and the Korean National Assembly passed a resolution condemning the decision. International bodies including the UN Committee on the Elimination of Discrimination against Women expressed deep concern. Civil society groups staged mass rallies in Seoul and Tokyo, accusing Japan of institutionalized impunity. The decision severely undermined bilateral trust, stalled ongoing security and economic dialogues, and amplified calls for a renewed international tribunal mechanism. It also solidified the perception among victims and activists that genuine atonement will not be achieved through Japanese courts, accelerating efforts to seek remedies before the International Court of Justice.