People's Tribunal on War Crimes by South Korean Troops during the Vietnam War

People's Tribunal on Vietnam War War Crimes
Two victims of massacre to have same name Nguyen Thi Thanh

People's Tribunal on War Crimes by South Korean Troops during the Vietnam War was a citizen's tribunal organised by South Korean social organizations such as Minbyun, Koroea-Vietnam Peace Foundation, The Korean Council for the Women Drafted for Military Sexual Slavery by Japan and other organizations and individual people to hold during 21 - 22 April 2018.[1]

The tribunal had investigated and evaluated war crimes of massacre by Korean troops during Vietnam War.[2] Two survivors named Nguyen Thi Thanh, who have same name but different person, visited South Korea. One of Nguyen Thi Thanh is a victim of Phong Nhị and Phong Nhất massacre and the other is a victim of Hà My massacre. They had media conference in National Assembly of South Korea at 19 April 2018 and asked official apology of South Korean Government.[3] The judges of the tribunal, including former Supreme Court Justice Kim Young-ran, demanded that the South Korean government pay compensation and formally apologize to the two plaintiffs.[2]

Background

1968 in the Vietnam War, Korean 2nd Marine Division as known "Cheong-ryong" (Korean: 청룡) was deployed at Hoi An and their TAOR was Quang Nam. There were many massacre by them.[4] At that time, Nguyen Thi Thanh of Pong Nhi was 8 years old girl. She lost her family in Phong Nhị and Phong Nhất massacre and got a bullet wound on her venter at 12 February 1968. Another Nguyen Thi Thanh is a victim of Hà My massacre and took same tragedy as lost her falmily in the massacre.[5]

The massacre was exposed at early 2000s by peace activists such as Gu Sujeong, a doctor of history, and media such as Hankyoreh 21. The exposure brought big social reflection to South Korea and the movement called "Mianhaeyo, Vietnam."(Korean: 미안해요, 베트남. Sorry, Vietnam.) rose up at same time.[6] The citizenship movement organizations are remaining this movement till 2018; for example, at 2016, they invited two victims, Nguyen Thi Tanh of Pong Nhi and Nguyen Tan Lan a survivor of the Binh An Massacre.[7]

2018 is the 50th memorial year after the massacre at Quang Nam. 2017 November 21, South Korean social organizations decided to hold citizen's tribunal for 50th memorial event and Minbyun took the role to run off the event.[8] The tribunal followed Women's International War Crimes Tribunal on Japan's Military Sexual Slavery as its roll model.[9] South Korean Government had no coment about this tribunal. So the attorney of government were designated by organization committee of the tribunal.

Tribunal

Jurges issued a pronouncement of "guilty"

The Tribunal was held as legal remedy court for reparation on damages of two victims against South Korean Government because the statute of limitations for criminal court already has gone over on recent South Korean criminal law.[10] The tribunal held during two days at 21 - 22 April 2018.

On the investigation, the attorneys of plaintiff, lawyers of Minbyun, presented evidence of massacre such as military maps about the operations, the declassfied secret report of US Army[11], interviews of victims, and a interview with Korean veteran who saw that a Vietnamese citizen was killed by Korean troops without any trial.[12] The attorney of defendant tried to defence the government for several reasons; according to them, these evidence have no power to specify that perpetrators exactly were Korean Troops[13], Vietnam War showed very unnormal warfare that troops nearly failed to separate enemy among the Vietnamese people bacuase VietCong was non-official army.[14]

On the second day of the tribunal, jurges made a pronouncement of "guilty" as below[15][16]

1. South Korea Government as defendant shell do to plaintiff;

a. to pay the reparation by the article 3 on the law of national reparation.
b. to recognize the leral responsibility and issue the official statment for the recover of the dignity, honor, and rights of plaintiff.

2. The tribunal urges to South Korea Government as defendant to investigate damages including murder, violence, injury, sexual violence and other any cases by Korean troops at Vietnam during 1964 to 1973.

3. South Korea Government as defendant, hereafter, shell exhibit the result of investigation as above at War Memorial of Korea, located 29 Itaewon-ro Yongsan Seoul, which exhibits the participation of Korean troops in Vietnam War as honor and all other official infrastructures or areas to exhibit of the Korean troops participation of Vietnam War.

Aftermath

The tribunal has no legal binding power because it was mock tribunal. And even to try issue the real trial on this case, its statute of limitations was over. Minbyun and other social organizations of the tribunal ready to ask a petition making special law for delete the limitation of anti-human rights crimes including the war crimes as massacre.[17] Minbyun also asks to declassify of the secret records about Phong Nhị and Phong Nhất massacre which was investigated by Korean Central Intelligence Agency at 1969.[18]

After the tribunal, two Nguyen Thi Thanh visited the victims of massacre in Jeju to share their same tragic lost in massacre during Jeju uprising.[19]

See also

References

  1. ↑ Vietnam massacre victims demand Korean government’s apology, The Korea Herald, 2018-04-25
  2. 1 2 Mock trial finds South Korean soldiers guilty of civilian massacres during Vietnam War, Hangyoreh, 2018-04-23
  3. ↑ Vietnamese victims of Korea's wartime wrongdoings demand truth, apology, Yonhapnews, 2018-04-19
  4. ↑ CNN, James Griffiths, "The 'forgotten' My Lai: South Korea's Vietnam War massacres", 2018-02-24
  5. ↑ First citizens’ tribunal coming from Vietnam War victims of South Korean soldiers, Hangyoreh, 2017-07-25
  6. ↑ South Koreans atone for Vietnam War, BBC, 2003-01-21
  7. ↑ S. Koreans apologize on 50th anniversary of Vietnam War massacres, Hangyoreh, 2016-03-12
  8. ↑ Citizens’ court to investigate Vietnam War atrocities committed by South Korean troops, Hangyoreh, 2017-11-22
  9. ↑ 시민평화법정 발족 기자회견, Official page of People's Tribunal(Korean Language), 2017-11-21
  10. ↑ 베트남전쟁 시기 한국군에 의한 민간인 학살 진상규명을 위한 시민평화법정, Official page of People's Tribunal(Korean language)
  11. ↑ US-Army-IG ROK-Marines Report 1969
  12. ↑ 베트남학살 참전군 "살려달라던 노인, 선임병이 쐈다"(A veteran said that he saw a citizen was killed by his senior.), Nocut News, 2018-04-21(Korean Language)
  13. ↑ This is the official explanation of Chae Myung-shin, the commanding officer of ROK forces in Vietnam at that time on the records of US-Army-IG ROK-Marines Report 1969
  14. ↑ 시민평화법정 오마이뉴스 생중계 영상 모음, Korea-Vietnam Peace Foundation(Korean Language)
  15. ↑ 베트남 전쟁 시기 한국군에 의한 민간인학살 진상규명을 위한 시민평화법정 판결, Official page of People's Tribunal(Korean Language), 2018-04-22
  16. ↑ 시민평화법정 대한민국, 베트남학살 책임인정·배상하라, the Law Times(법률신문) (Korean Language), 2018-04-23
  17. ↑ 정식재판 땐 소멸시효 난관…“특별법 추진”, Hangyoreh, 2018-04-23
  18. ↑ 베트남 민간인 학살 어렵게 입 뗀 생존자 “참상 알려져서 다행”, Seoul Newspaper(서울신문) (Korean language), 2018-04-26
  19. ↑ 베트남전 피해 주민 제주4.3 찾아 "아픔 나누자", Nocut News(Korean language), 2018-04-24
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