News

PublicationSecond Meeting of the Panel of Judges of The A-Bomb Tribunal

Second Meeting of the Panel of Judges of The A-Bomb Tribunal


64973dfc005b5.jpg


Judges, the Registrar, SPARK, and other participants attending the Second Meeting of the Panel of Judges


econd meeting of the Panel of Judges of The A-Bomb Tribunal was held on September 23 at 9:00 a.m. U.S. Eastern Time.


The meeting was attended by Presiding Judge Richard A. Falk, Professor Emeritus of International Law at Princeton University; Co-Vice Presiding Judges Marjorie Cohn, Professor Emerita at Thomas Jefferson School of Law, and Lee Seok-tae, former Justice of the Constitutional Court of Korea; and Katherine Gallagher, Senior Attorney at the Center for Constitutional Rights.


Also in attendance were Brad Wolf, former prosecutor and Registrar of the Tribunal; Professor Daniel Rietiker of the University of Lausanne, who heads the Legal Review Team; and Oh Hye-ran, Executive Director of SPARK, and Ko Young-dae, Co-Representative of SPARK. SPARK serves as Co-Coordinator and the Seoul Registry of The A-Bomb Tribunal.


At the outset of the meeting, at the suggestion of Presiding Judge Richard A. Falk, the judges discussed the purpose and character of The A-Bomb Tribunal, as well as the forms of remedy the Tribunal should seek to address.


The judges agreed on the need to make clear that the Tribunal is not simply an “alternate legal forum,” but a people’s tribunal committed to rigorous legal assessment while also seeking to realize “people’s justice” and establish the historical truth. To this end, the Panel agreed to prepare a Preamble to the Statute setting forth the purpose and character of the Tribunal. The Preamble will be read aloud at the opening of the oral hearings in November and included in materials disseminated publicly.


The judges also discussed the forms of remedy that the Tribunal may ultimately address. They agreed that the specific recommendations should not be predetermined, but should be formulated by the judges after they have fully considered the evidence and testimony presented during the oral hearings and completed their deliberations.

The Panel next discussed the schedule and review process for the written submissions. The Legal Review Team is expected to submit a Consolidated Written Memorial to the Panel by the end of September.


The Panel then discussed the establishment of a legal support structure and the position of Rapporteur to assist the judges in preparing the Judgment. Under the direction of the Panel, the legal support structure would assist with legal research, analysis of key legal issues, translation, and the preparation of the Judgment. A suitable candidate for Rapporteur will be recommended, with the final selection to be made by the Panel of Judges. The precise roles of the Rapporteur and legal support personnel, as well as the allocation of responsibilities in drafting the Judgment, will be further discussed at the next meeting.


Finally, the Panel reviewed the operational schedule for the public oral hearings to be held in November. The hearings will include testimony from Korean atomic bomb victims and other victims of nuclear weapons, as well as testimony from experts from Korea and abroad. The judges also emphasized that the experiences and testimony of the victims should form an important part of both the Tribunal’s Judgment and the historical record.


e418233fdd7d3.jpg


Judges, the Registrar, SPARK, and other participants attending the Second Meeting of the Panel of Judges


Following the submission of the Consolidated Written Memorial and the completion of the relevant procedures, public oral hearings will be held from November 13 to 15. After the hearings, the judges will deliberate in closed session, make findings of fact and conclusions of law, and on that basis prepare the Judgment and recommendations.


The A-Bomb Tribunal continues its proceedings to establish the harm suffered and the truth of the experiences of Korean atomic bomb victims affected by the U.S. atomic bombings of Hiroshima and Nagasaki in 1945, and to address questions of responsibility under international law and justice.


We sincerely appreciate your continued interest in the proceedings of The A-Bomb Tribunal and warmly invite your interest and participation in the public oral hearings this November.