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Published online by Cambridge University Press: 07 May 2025
Who enshrines the dead? A widely held international principle, that surviving family members determine the disposition of the dead, including those who die in combat, is being tested anew in Japanese courts. Nearly 50,000 Taiwanese and Korean soldiers who died in Japanese uniforms have been enshrined at Yasukuni Shrine without consultation with family members. On May 13, 2004, the Osaka District Court issued its verdict in one of seven lawsuits filed in response to Prime Minister Koizumi Jun'ichiro's pilgrimages to Yasukuni Shrine. It was the first case to address Japan's oppression of indigenous peoples and their mandatory enshrinement at Yasukuni during the nation's colonial rule of Taiwan (1895-1945). Chief Justice Yoshikawa Shin'ichi not only dismissed the plaintiffs’ petition for reparations, but also came up with a novel way of judging whether the Prime Minister's pilgrimages are public or private.