World

Japan's antipiracy law authorizes the use of weapons

by Ostia | June 19, 2009 at 04:31 pm

237 views | 36 Recommendations | 4 comments

According to Article 9 of Japan's Constitution, Japan is a pacifist nation, not allowed to have an army and only use force in case of self-defense. It's new antipiracy law, however, severely challenges the pacifist nature of Japan's constitution.

Japan's lower house just passed a bill - it will take effect in late July - which allows Japan's 'self-defense forces' (SDF) to open fire on pirates operating off the coast of Somalia not only if a Japanese vessel is under attack but also if the vessel is sailing under another country's flag.

Currently, Japan has two destroyers and two maritime surveillance aircraft deployed to the Gulf of Aden. Unter earlier legislation the destroyers had no mandate to open fire, not even for the protection of Japanese vessels. They were only allowed to give warning shots.

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Uwe Paschen

at 19:01 on June 19th, 2009

Can this be argued against article 9 of the Japanese Constitution with success?

I think this is a slippery slope and a serious challenge to the Pacifist and non aggression close.

I know the German did the same thing in spite of their constitutions non aggression close and limiting their armed forces to self defence as the case in Japan as well.

However in Germany the Constitutional Courts have now reprimanded the Government for having over stretched the meaning of this close and forced it to go back and recall the Navy. Using it only to defend German Territory and NATO members and this only if under attack same goes for German freighters and those of NATO members. The German Navy can only intervene if under attack and can not pursue or attack it self.

I think that may still be challenged by the court in Japan as well. Since it is a very slippery slope.

I would not like to see article 9 being compromised.

Chris1955 (not verified)

at 19:27 on June 19th, 2009

Well, pirates are not considered nations but as enemies of all mankind, so I don't see this as using force in international disputes.

And being the captain of a vessel I know it is my duty to aid any other vessel in distress of whatever sort, be it Japanese or any other, if if they are in distress and I can do so without unreasonably jeopardizing the safety of my own.

If I were commanding a destroyer and observed or heard of pirates attacking any vessel it would be my duty to turn the cannon (for as a naval commander it would be an admission of cowardice and great loss of national honor to admit I fear for the safety of my vessel at the hands of seagoing brigands) on them until the pirates ceased their depredations, and then render whatever aid I could to the stricken vessel..

As such I don't see the Japanese law as any different then one authorizing Japanese police to shoot rabid dogs when they are spotted.

Let your seagoing samurai have at them, it will offend no civilized person nor will it be seen by any normal person on the planet as an aggressive act, if one of you navel vessels manages to either prevent piracy or apprehend or slay any pirates, and in many quarters will be deemed entirely commendable.and the more they kill or capture the better, this being one certainly fitting and entirely justifiable usage of naval vessels.

Of course this is entirely up to the people of Japan to decide, but it makes l;ittle sense to have a navy if it cannot perform one of the internationally recognized duties of all navies, that is the supression of piracy, when the naval vessels are in any position to do so.

neilabraham

at 23:57 on July 12th, 2009

You said it Chris!

Pirates attacking a ship have got what's coming to them. They forfeit any rights when they start attacking another ship and should be blown out of the water by whatever means possible.

The pirates need to be stopped. Enough is enough! No more hijacking. No more fear on the oceans! Let's make the seas safe again. I hope more countries follow Japan's firm example and get tough on these villains.

And as Chris beautifully put it, "Let your seagoing samurai have at them!"

Uwe Paschen

at 09:19 on July 15th, 2009

The text of Article 9.

第九条　日本国民は、正義と秩序を基調とする国際平和を誠実に希求し、国権の発動たる戦争と、武力による威嚇又は武力の行使は、国際紛争を解決する手段としては、永久にこれを放棄する。

二　前項の目的を達するため、陸海空軍その他の戦力は、これを保持しない。国の交戦権は、これを認めない。

Meaning in English.

ARTICLE 9. Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. (2) In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right ofbelligerency of the state will not be recognized.