January 9, 2009
The Japanese government and ruling parties are reportedly considering enacting a new bill to deploy the Self-Defense Forces abroad under the pretext that Japan is called upon to take part in the “international anti-piracy mission” in waters near Somalia.
Under a series of special measures laws to deploy SDF units abroad, the use of force was allowed only when legitimate self-defense and emergency rescue are involved. If this regulation is lifted and the SDF unit in the anti-piracy mission is allowed to use force, it will further undermine the Constitution banning the use of force without these restrictions in place.
The bill, if enacted, will give impetus to the move toward enacting a permanent law to dispatch SDF units abroad at any time, which the Liberal Democratic Party and the Democratic Party are competing to accomplish.
Japan’s ‘international cooperation’ is the key phrase used by the government to promote a measure to allow the SDF to take action against piracy attacks on foreign vessels in the area. Despite Japan’s war-renouncing Constitution, the new law, if enacted, will trigger military actions that have nothing to do with the defense of Japan and the well-being of Japanese people. Also, it will lead to exercising the right of collective self-defense, which has been denied by successive Japanese governments.
As a stopgap measures, the government is considering invoking Article 82 of the Self-Defense Forces Law to swiftly dispatch an MSDF vessel on a maritime policing mission. In cases other than legitimate actions in self-defense, it will be difficult to use force for the MSDF unit if sent in accordance with the SDF Law.
A ruling party official has stressed that the new law must allow MSDF units, during their maritime patrol, to fire warning shots and take counteroffensive against armed resistance by pirates even if no armed attack is initiated by pirates.
In November 2008, the Ocean Policy Research Foundation (OPRF), chaired by former Vice Defense Minister Akiyama Masahiro, a think-tank of the Nippon Foundation, submitted a report to Prime Minister Aso Taro to urge the government to dispatch the SDF to the area off the coast of Somalia.
The report demanded that a new anti-pirate law should allow the SDF to fire warning shots in areas near pirate boats as well as directly at their boats, and open fire to cripple their boats and neutralize pirates who engage in armed resistance during inspections.
Under a series of special measures laws to deploy SDF units abroad, the use of force was allowed only when legitimate self-defense and emergency rescue are involved. If this regulation is lifted and the SDF unit in the anti-piracy mission is allowed to use force, it will further undermine the Constitution banning the use of force without these restrictions in place.
The bill, if enacted, will give impetus to the move toward enacting a permanent law to dispatch SDF units abroad at any time, which the Liberal Democratic Party and the Democratic Party are competing to accomplish.
Japan’s ‘international cooperation’ is the key phrase used by the government to promote a measure to allow the SDF to take action against piracy attacks on foreign vessels in the area. Despite Japan’s war-renouncing Constitution, the new law, if enacted, will trigger military actions that have nothing to do with the defense of Japan and the well-being of Japanese people. Also, it will lead to exercising the right of collective self-defense, which has been denied by successive Japanese governments.
As a stopgap measures, the government is considering invoking Article 82 of the Self-Defense Forces Law to swiftly dispatch an MSDF vessel on a maritime policing mission. In cases other than legitimate actions in self-defense, it will be difficult to use force for the MSDF unit if sent in accordance with the SDF Law.
A ruling party official has stressed that the new law must allow MSDF units, during their maritime patrol, to fire warning shots and take counteroffensive against armed resistance by pirates even if no armed attack is initiated by pirates.
In November 2008, the Ocean Policy Research Foundation (OPRF), chaired by former Vice Defense Minister Akiyama Masahiro, a think-tank of the Nippon Foundation, submitted a report to Prime Minister Aso Taro to urge the government to dispatch the SDF to the area off the coast of Somalia.
The report demanded that a new anti-pirate law should allow the SDF to fire warning shots in areas near pirate boats as well as directly at their boats, and open fire to cripple their boats and neutralize pirates who engage in armed resistance during inspections.
