Cabinet
Decision On Collective Defense May Effectively End Ban On Use Of
Force
A
Cabinet decision to reinterpret war-renouncing Article 9 of the
Constitution to allow Japan to exercise the right to collective
self-defense could open the way to a complete end to the ban on the
use of force.
28
June, 2014
The
government presented the draft of a Cabinet decision to change its
interpretation of the Constitution to a June 27 session of the ruling
coalition's consultative body on the reconstruction of the legal
framework for national security. Junior ruling coalition partner New
Komeito's executive board intends to reach an official agreement on
the Cabinet decision with the ruling Liberal Democratic Party (LDP)
at the coalition's consultative body on July 1, after New Komeito
legislators agree on June 30 to leave a decision on the issue up to
the party leadership.
The
draft states that the use of force "could be based on the right
to collective self-defense provided for by international law."
As self-defensive measures, the draft leaves open the possibility
that Japan will use force not only in exercising the right to
collective self-defense but also under U.N.-led collective security
arrangements.
LDP
Vice President Masahiko Komura said, "We haven't decided on the
matter (of collective security arrangements). It's still a blank
page." New Komeito accepted Komura's explanation.
Therefore,
the new interpretation would largely deviate from the government's
longstanding interpretation of Article 9, which allows Japan to use
force only for individual self-defense.
Nevertheless,
Komura denied that the reinterpretation would pull the teeth from the
pacifist principles of the supreme law, saying, "We'll
completely retain the doctrine of the Constitution."
Kazuo
Kitagawa, deputy leader of New Komeito, echoed Komura's view. "The
basic principles of the Constitution will be perfectly maintained,"
he said.
The
draft of the Cabinet decision sets three conditions under which Japan
could use force, including cases of armed attack on another country
that clearly threatens Japanese citizens' fundamental rights, and
threats to Japan's existence.
The
draft underscores the need to distinguish the interpretation of the
war-renouncing Constitution from international law's provision for
the right to self-defense. It then mentions "self-defensive
measures" the Constitution would be reinterpreted to allow Japan
to take, bearing in mind the right to individual self-defense and
collective self-defense as well as collective security arrangements.
The
legal framework that has permitted Japan's participation in U.N.
peacekeeping operations only in zones already at peace would be
eliminated. The draft of the Cabinet decision states that the
government would seek to enact or amend legislation to allow the
Self-Defense Forces to provide logistical support to armed forces of
other nations in peacekeeping operations in areas at peace but with
an imminent risk of armed conflict.
The
preamble of the draft underscores the need for the creation of
legislation and diplomatic efforts to prevent armed conflict out of
consideration for New Komeito, which has been reluctant to accede to
allowing the exercise of the right to collective self-defense. It
also states that Japan must abide by the U.N. Charter and steadily
follow the path of a peaceful country.
Read
Further For
Background:
http://en.wikipedia.org/wiki/Japan_Ground_Self-Defense_Force
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