The Forgotten Atomic Bomb Trial: A Historical Case Challenging the Illegality of the Atomic Bombing

The drama “Tiger ni Tsubasa” (NHK) describes a judge, Torako (Sari Ito), who is in charge of an “atomic bomb trial” based on historical facts from 60 years ago. Satoshi Kiyonaga, an NHK commentator, said: “When Yoshiko Mibuchi, Torako’s role model, was a judge at the Tokyo District Court, she was the only judge who continued to handle the eight-year atomic bomb trial until the end. Although she did not speak about it during her lifetime, after she retired as a judge, she began collecting signatures to ban nuclear weapons.”

What is the “Atomic Bomb Trial”?

The “Atomic Bomb Trial” refers to a 1950s national compensation case in which the illegality of the atomic bombing was first challenged in court by atomic bomb survivors. Many people may not be aware of this trial.

It was a trial in which survivors of the atomic bombings of Hiroshima and Nagasaki held the Japanese government accountable. Although it was a very important trial, it has been largely forgotten by the general public in today’s world.

The Trial’s Significance

During the course of this interview, we contacted the Tokyo District Court to find out the preservation status of the court documents, but were told that the materials had been discarded. Initially, the documents were supposed to be preserved by the courts, but in recent years it has become clear that courts across the country are discarding large numbers of documents related to civil litigation, and all documents from the atomic bomb trials, except for the judgments, have been thrown away.

There are still class action lawsuits involving the atomic bomb, seeking recognition as “atomic bomb survivors,” but the significance of the atomic bomb trial was that it directly asked the question: “Was the dropping of the atomic bomb a violation of international law?”

Yoshiko Mibuchi’s Role in the Trial

Yoshiko Mibuchi, who was in charge from the beginning to the end of the process.

The old paper spelling begins with a handwritten complaint. The plaintiffs are five survivors of the atomic bombings of Hiroshima and Nagasaki. The lawsuit was filed in 1955, and after four years of preparatory proceedings at the Tokyo District Court, nine oral hearings were held from February 1960 to March 1968. The names of Yoshiko Mibuchi, the judge sitting on the right side, are written on the covers of all the remaining discs.

Photo = iStock.com/whim_dachs Editing = President Online Editorial Department

Atomic Bomb Tribunal Courtroom Relationship Diagram (*Photo is for illustration purposes only)