Ryuichi Shimoda et al. v. The State.

Abstract

Subjects of international law — Extent to which individual has rights and duties in international law — Distinction between status of subject for creating norms of law and subject of rights in international law — Whether diplomatic protection is based on right of individual in international law.International law — Relation to municipal law — Customary international law as part of municipal law — Position under Imperial Constitution of Japan — Position in law of United States of America.Jurisdiction — Exemptions from — Foreign States — Whether immunity extends to action based on acts contrary to international law — Whether individual can sue United States of America in Japanese court for damage arising out of atomic bombing of Hiroshima and Nagasaki — The law of Japan.State responsibility — Nature and kinds of — In general — Legality of nuclear weapons — Atomic bombing of Hiroshima and Nagasaki — Legality of indiscriminate bombardment of undefended cities and areas — Relevance of distinction in Hague Convention between military and ·non — military objectives — Whether individual has international claim for damage caused by use of such weapons Claim against national State based on waiver of alleged international claim against belligerent State — Whether alleged claim included in waiver of claims by Japan in Peace Treaty, Article 19.State responsibility — Claims — State control over private claims Absorption of individual's claim in State's claim — Capacity of State to waive individual's claim by treaty — Whether waiver extends to claim under international law as well as to claims under municipal law — Nature of right of diplomatic protection — Treaty of Peace with Japan, 1951, Article 19 (a) — The law of Japan.Effects of treaties of peace — In general — Waiver of claims by defeated State — Whether waiver extends to claims of nationals under international law as well as to claims under municipal law — Treaty of Peace with Japan, 1951, Article 19 (a).Air warfare — Legality of nuclear weapons — Atomic bombing of Hiroshima and Nagasaki — Distinction between defended and undefended cities and areas — Legality of indiscriminate bombardment of undefended city or area — Hague Regulations, Article 25 — Hague Convention on Bombardment by Naval Forces, Article 1 — Draft Hague Rules of Air Warfare, 1923 — Whether distinction between military and non — military objectives still valid — Dropping of atomic bomb equivalent to indiscriminate aerial bombardment — Legality of target — area bombardment — Whether atomic weapons are poisonous weapons — Whether they cause unnecessary injury — Waiver of claims in Article 19 of Treaty of Peace with Japan, 1951.