历史不容忘却

2.    The fact that such a crime referred to in Article 2 of the present Charter was committed
by a subordinate does not relieve his superior or military commander of criminal
responsibility if that superior or commander knew, or had reason to know, that the subordinate
was about to commit such acts or had done so and the superior failed to take the necessary
and reasonable measures to prevent or repress their commission or submit the matter to the
competent authorities for investigation and prosecution.

   Article 4     State responsibility

   State responsibility arises from the following:

   (a)   commission of crimes or acts as referred to in Article 2 by military forces, government
officials and those individuals acting in their official capacity.

   (b)   acts or omissions by States such as

   (i) concealment, denial or distortion of the facts or in any other manner its negligence or
failure to meet its responsibility to find and disclose the truth concerning crimes referred
to in Article 2;

   (ii) failure to prosecute and punish those responsible for said crimes;

   (iii) failure to provide reparations to those victimized;

   (iv)failure to take measures to protect the integrity, wellbeing and dignity of the human
person;

   (v) discrimination base on such ground as gender, age, race, color, national, ethnic or social
origin or belief, health status, sexual orientation, political or other opinion, wealth, birth
or any other status.
   (vi) failure to take necessary measures to prevent recurrence.

   Article 5    Official Capacity and Superior Orders

   1.    The official position of any accused person, whether as the Emperor, the Head of the State
or Government, a military commander or a responsible government official, shall not relieve
such person of criminal responsibility, nor mitigate punishment.

   2.    The fact that the crimes are committed in pursuant to an order of a superior or of a
government alone shall not relieve a person of criminal responsibility.

   Article 6    Non-applicability of the statute of limitations

   The crimes within the jurisdiction of the Tribunal shall not be subject to any statute of
limitations.

   Article 7    Organization of the Tribunal

   The Tribunal shall consist of the following organs:

   (a)   Judges;

   (b)   Prosecutors, and

   (c)   A Registry.

   Article 8    Qualifications and election of judges and prosecutors

   The judges and the prosecutors shall be appointed by the International Organizing Committee
among internationally renowned persons in the field of human rights, taking due consideration
of the following:

   (a)   gender balance

   (b)   regional balance

   (c)   contribution in advocacy, protection and promotion of women's human rights

   Article 9    Rules of procedure and evidence

   The judges of the Tribunal shall decide matters concerning the rules of procedure and evidence
for the conduct of the trial, the protection of victims and witnesses and other appropriate
matters of the Tribunal as they deem necessary. The following shall be admitted as evidence:

   (a)   documentation: Written evidences such as official documents, affidavits/depositions,
signed statements, diaries, letters/notes or other documents, experts' views, photos and
other visual documents;

   (b)   personal evidence: Written or oral testimonies of survivors and witnesses, statements
of expert witnesses; and
   (c)   material evidence: Other relevant physical and material evidence.

Article 10   The Registry

   The International Organizing Committee establishes a Registry to the Tribunal. The Registry shall be
responsible for the administration and servicing of the Tribunal.

   Article 11   Prosecutors: Investigation and Indictments

   1.    The Prosecutors shall be responsible for the investigation and prosecution of the crimes referred to in
Article 2 of the present Charter, taking into account gender and cultural issues and the trauma faced by
the victimized.

   2.    The Prosecutors shall initiate investigation on the basis of information received from individuals, survivors,
non-governmental organizations, or any source, and shall have the power to question suspects, those
victimized and witnesses, to collect evidence and to conduct on-site investigations in order to establish
the truth.

   3.    The prosecutors shall submit indictments to the Tribunal if, upon investigation, there is a reasonable
basis for a prosecution.

   Article 12   Trial Proceedings

   1.    The Tribunal shall read the indictments from the prosecutors at the commencement of the trial, and
shall ensure a fair and expeditious trial.

   2.    The hearings shall be held in public.

   Article 13   Participation and protection of those victimized and witnesses

   The Tribunal shall take appropriate measures to protect the safety, physical and psychological well-being,
dignity and privacy of those victimized and witnesses of sexual violence and any other person at risk on
account of their testimony, having regard to the nature of crimes being dealt with and taking trauma into
account. Such protection measures shall include, but shall not be limited to, audio-visual proceedings and
other protective measures to safeguard the identity of those victimized wherever necessary.

   Article 14   Judgements

   1.    The judgment shall be delivered in public and rendered by a majority of the judges of the Tribunal. The
judges may issue a separate, opinion, concurring in or dissenting to the judgment.

   2.    The judgment shall state clearly whether the accused has been found guilty or not guilty of the alleged
crime or whether there is insufficient evidence available to the prosecutors to which such a determination,
according to a majority of the judges base on evidence before the tribunal, and shall give reasons for the
particular judgement.

   3.    The judgement may make a recommendation to a person or State held responsible to offer redress to
those victimized, including apology, restitution, compensation and rehabilitation.

   4.    Copies of the judgement shall be sent to the survivors, the accused or their attorneys, the government
of Japan, the governments of the States concerned, and international agencies including the United
Nations High Commissioner for Human Rights, and shall be widely distributed throughout the world as
historical documents.

   Article 15   Cooperation

   1.    The Tribunal may ask every individual, non-governmental organization, Government, intergovernmental
organization. United Nations organs and other international bodies to cooperate fully with the Tribunal in
the investigation and prosecution of persons and states responsible for acts referred to in Article 1 of the
present Charter.

   2.    The Tribunal may ask every individual, non-governmental organization. Government, intergovernmental
organization, United Nations organ and any other international body to respect any request for assistance
or a judgment issued by the Tribunal, including, but not limited to:

   (a)   The identification and whereabouts of persons or the location of items;

   (b)   The taking of testimony and the production of evidence;

   (c)   The voluntary appearance of persons as victimized, as witnesses or as experts before the Tribunal;

(d)   The examination of places or sites;

   (e)   The provision of relevant information, records and documents, official or otherwise, and the full
opening of wartime archives;

   (f)   The protection of those victimized and witnesses and the preservation of evidence;

   (g)   Facilitating or conducting the investigation and prosecution of the persons responsible for the crimes
in compliance with its respective international obligations;

   (h)   The provision of reparation including apology, compensation and rehabilitation in compliance with
its respective international obligations, and

   (i)   Any other type of assistance with a view to facilitating the objectives of the Tribunal.