Immunità giurisdizionale degli Stati ed eccezione umanitaria: in margine alla recente giurisprudenza sudcoreana sul sistema delle «donne di conforto»

Between 1932 and 1945, under the Japanese Imperial rule, thousands of women (lately known as “comfort women”), were compelled to become sexual slaves of Japanese soldiers. On 8 January 2021, in a landmark decision of the Seoul Central District Court, Japan was for the first time condemned to pay damages to twelve former “comfort women”. The Court found that the customary rule on State immunity could not apply considering the serious breach of international human rights law and humanitarian law and the lack of alternative remedies for the victims. Hence, the judgment places itself within the trend towards the emergence of a “humanitarian exception” to State immunity. The article argues that the core of the Court’s reasoning lies in the balancing act between general principles of international law. However, State practice remains uncertain. Indeed, in April 2021, the Seoul Court itself, sitting in a different composition, granted Japan immunity in another case concerning the “comfort women” issue.