Article 9 of the Japanese Constitution
Encyclopedia
Article 9 of the Japanese Constitution is a clause in the National Constitution of Japan
that prohibits an act of war by the state. The Constitution came into effect on May 3, 1947, immediately following World War II
. In its text, the state formally renounces war as a sovereign right and bans settlement of international disputes through the use of force. The article also states that, to accomplish these aims, armed forces with war potential will not be maintained, although Japan
maintains de facto
armed forces, referred to as the Japan Self-Defense Forces
.
The official English translation of the article reads:
led to the realization that a universal system of security could only be effective if nations agreed to some limitation of their national sovereignty with regard to their right to belligerence. Like the German Article 24, which was incorporated in the post-war German Constitution
, and which provides for delegating or limiting sovereign powers in favor of collective security, Article 9 was added to the Constitution of Japan
during the occupation
following World War II
.
The source of the pacifist clause is disputed. According to the Allied Supreme Commander Douglas MacArthur
, the provision was suggested by Prime Minister Kijūrō Shidehara
, who "wanted it to prohibit any military establishment for Japan—any military establishment whatsoever." Shidehara's perspective was that retention of arms would be "meaningless" for the Japanese in the postwar era, because any substandard postwar military would no longer gain the respect of the people, and would actually cause people to obsess with the subject of rearming Japan. Shidehara admitted to his authorship in his memoirs Gaikō Gojū-Nen (Fifty Years Diplomacy), published in 1951, where he described how the idea came to him on a train ride to Tokyo; MacArthur himself confirmed Shidehara's authorship on several occasions. However, according to some interpretations, he denied having done so, and the inclusion of Article 9 was mainly brought about by the members of of , especially Charles Kades, one of Douglas MacArthur
's closest associates. The article was endorsed by the Diet of Japan
on November 3, 1946. Kades rejected the proposed language that prohibited Japan's use of force "for its own security," believing that self-preservation was the right of every nation.
The article's acceptance by the Japanese government may in part be explained by the desire to protect the imperial throne. Some Allied
leaders saw the emperor as the primary factor in Japan's warlike behavior. His assent to the "anti-war" clause weakened their arguments for abolishing the throne or trying the emperor as a war criminal.
Soon after the adoption of the Constitution of Japan in 1947, the Chinese Civil War
ended in victory for the Communist Party of China
in 1949 and the establishment of the People's Republic of China
. As a consequence, the United States
was left without the Republic of China
as a military ally against communism
in the Pacific. There was a desire on the part of the United States occupation forces for Japan to take a more active military role in the struggle against communism during the Cold War
.
In 1950, following the outbreak of the Korean War
, the U.S. 24th Infantry Division was pulled out of Japan and sent to fight on the front lines in Korea, leaving Japan without any armed protection. MacArthur ordered the creation of a 75,000-strong to maintain order in Japan and repel any possible invasion from outside. The NPR was organized by United States Army Col. Frank Kowalski
(later a U.S. congressman) using Army surplus equipment. To avoid possible constitutional violations, military items were given civilian names: tanks, for instance, were named "special vehicles." Shigesaburo Suzuki, a leader of the Japan Socialist Party (JSP), brought suit in the Supreme Court of Japan
to have the NPR declared unconstitutional: however, his case was dismissed by the Grand Bench for lack of relevance.
On August 1, 1952, a new was formed to supervise the NPR and its maritime component. The new agency was directly headed by Prime Minister Shigeru Yoshida
. Yoshida supported its constitutionality: although he stated in a 1952 Diet committee session that "to maintain war potential, even for the purpose of self-defense, [would] necessitate revision of the Constitution." He later responded to the JSP's constitutionality claims by stating that the NSF had no true war potential in the modern era. In 1954, the National Safety Agency became the Japan Defense Agency
, and the National Police Reserve became the Japan Self-Defense Forces (JSDF)
.
In practice, the JSDF
are very well equipped and the maritime forces are considered to be stronger than the navies of some of Japan's neighbors. The Supreme Court of Japan
has reinforced the constitutionality of armed self-defense in several major rulings, most notably the "Sunakawa Case" of 1959, which upheld the legality of the then-current U.S.-Japan Security Treaty.
from the nation's energy policy in light of Article 9 of the Constitution and the Fukushima nuclear disaster. Kenzaburo Oe
, one of the nine founders of the Article 9 Association, spoke at the group's national rally in Tokyo in November 2011, which drew about 700 like-minded people.
as a means to settling international disputes but also forbids Japan from maintaining an army
, navy
or air force
. Therefore, in strictly legal terms, the Self Defense Forces are not land, sea or air forces, but are extensions of the national police force. This has had broad implications for foreign, security and defense policy. According to the Japanese government, “‘war potential’ in paragraph two means force exceeding a minimum level necessary for self-defense. Anything at or below that level does not constitute war potential.” Apparently when the SDF was created, “since the capability of the SDF was inadequate to sustain a modern war, it was not war potential.” Seemingly, the Japanese government has looked for loopholes in the wording of the peace clause and the “constitutionality of the Japanese military has been challenged numerous times.” Some Japanese people believe that Japan should be truly pacifist and claim that the SDF is unconstitutional. The Supreme Court, however, has ruled that it is within the nation’s right to have the capacity to defend itself. Scholars have also discussed “constitutional transformation…[which] occurs when a constitutional provision has lost its effectiveness but has been replaced by a new meaning.” The Liberal Democratic Party (LDP)
has interpreted Article 9 as renouncing the use of warfare in international disputes but not the internal use of force for the purpose of maintaining law and order. The ruling party, the Democratic Party of Japan (DPJ)
, tends to concur with the LDP's interpretation. At the same time, both parties have advocated the revision of Article 9 by adding an extra clause
explicitly authorizing the use of force for the purpose of self-defense against aggression directed against the Japanese nation. The now-defunct Japan Socialist Party (JSP), on the other hand, had considered the Japan Self-Defense Forces (JSDF)
as unconstitutional and advocated the full implementation of Article 9 through the demilitarization of Japan. When the party joined with the LDP to form a coalition government, it reversed its position and recognized the JSDF as a structure that was constitutional. The Japanese Communist Party (JCP)
considers the JSDF unconstitutional and has called for reorganization of Japanese defense policy to feature an armed militia.
Since the late-1990s, Article 9 has been the central feature of a dispute over the ability of Japan to undertake multilateral military commitments overseas. During the late 1980s, increases in government appropriations for the JSDF averaged more than 5% per year. By 1990 Japan was ranked third, behind the then-Soviet Union
and the United States
, in total defense expenditures, and the United States urged Japan to assume a larger share of the burden of defense of the western Pacific
. Given these circumstances, some have viewed Article 9 as increasingly irrelevant. It has remained, however, an important brake on the growth of Japan's military capabilities. Despite the fading of bitter wartime memories, the general public, according to opinion polls, continued to show strong support for this constitutional provision.
The different views can be clearly organized into four categories: pacifists, mercantilists, normalists, and nationalists. The current pacifists believe in maintaining Article 9 and claim the SDF is unconstitutional, and would like to detach Japan from international wars. The mercantilists have divided opinions about Article 9 although the interpretation is broadened to include the SDF, and believe that the SDF’s role should be retained to activities related to the United Nations and for non-combat purposes. They advocate minimal defense spending, and emphasize economic growth. The normalists “call for incremental armament for national defense and accept using military force to maintain international peace and security”. They support the revision of Article 9 to include a clause explaining the existence and function of the SDF. The nationalists assert that Japan should remilitarize and build nuclear capabilities in order to regain pride and independence. They also advocate revision of Article 9 to promote armament. Evidently, opinions range from one extreme of pacifism, to the other extreme of nationalism and complete remilitarization. The majority of Japanese citizens approve the spirit of Article 9 and consider it personally important. But since the 1990s, there has been a shift away from a stance that would tolerate no alteration of the article to allowing a revision that would resolve the discord between the JSDF and Article 9. Additionally, quite a few citizens consider that Japan should allow itself to commit the Self-Defense Forces to collective defense efforts, like those agreed to on the UN Security Council in the Gulf War
, for instance. Japan’s ability to “engage in collective defense” has been argued. The involvement of Japan in the Gulf War of 1990, or lack of involvement, has provoked significant criticism. Despite U.S. pressure on Japan to assist America in Iraq, Japan limited their involvement in the war to financial contribution primarily because of domestic opposition to the deployment of troops. As a result of the painfully ardent disapproval from the U.S. during the Gulf War, Japan was quick to act after the September 11 attacks in 2001. It was clear that “the September 11 attacks led to increased U.S. demands for Japanese security cooperation.” On October 29, 2001 the Anti-Terrorism Special Measures Law was passed, which “further broadened the definition of Japan’s self-defense.” The law allowed Japan to support the U.S. military on foreign territory. This law provoked “citizen groups [to] file lawsuits against the Japanese government in order to stop the dispatch of SDF troops to Iraq and to confirm the unconstitutionality of such a dispatch,” though the troops sent to Iraq were not sent for combat but for humanitarian aid. Japan has actively built U.S.-Japan relations precisely because of Article 9 and Japan’s inability to engage in an offensive war. It has been debated that, “when [Koizumi] declared support for the U.S.-led war on Iraq in March 2003, and when he sent Japanese forces to aid the occupation in January 2004, it was not Iraq that was in the Japanese sights so much as North Korea.” Japan’s unstable relations with North Korea, as well as other neighboring Asian countries has forced Japan to batter and bend Article 9 to “permit an increasingly expansive interpretation” of the constitution in the hopes of guaranteeing U.S. support in these relations.
Constitutionally, Japan cannot defend itself if it is attacked. Even if Article 9 was amended to include a self-defense clause, there is no guarantee that the amendment will allow combat because of the wide range of opinions. Moreover, “any amendment of the constitution of Japan that removes the war renunciation clause could potentially enflame regional tensions.” Currently the solution to problems regarding North Korea, China, and Korea is, “A closer U.S.-Japan alliance.” Japan’s independence as a nation has been debated because of the existence of Article 9, but the U.S. “insists that Japan must rely on U.S. protection.” Nevertheless, with America’s plethora of internal and external problems, it is difficult for Japan to rely solely on the U.S. for support. Ultimately, the complexity and delicacy of Japan’s international relations creates difficulty to make changes to Article 9.
In May 2007, the then Prime Minister of Japan
Shinzo Abe
marked the 60th anniversary of the Japanese Constitution by calling for a bold review of the document to allow the country to take a larger role in global security and foster a revival of national pride.
Article 11 is similar to the Japanese analogue, but the use of military forces is permitted for self-defence (articles 54 and 78) and also for peace-keeping purposes, if agreed with international organizations:
"L'Italia ripudia la guerra come strumento di offesa alla libertà degli altri popoli e come mezzo di risoluzione delle controversie internazionali; consente, in condizioni di parità con gli altri Stati, alle limitazioni di sovranità necessarie ad un ordinamento che assicuri la pace e la giustizia fra le Nazioni; promuove e favorisce le organizzazioni internazionali rivolte a tale scopo." ("Italy repudiates war as an instrument offending the liberty of the peoples and as a means for settling international disputes; it agrees to limitations of sovereignty where they are necessary to allow for a legal system of peace and justice between nations, provided the principle of reciprocity is guaranteed; it promotes and encourages international organizations furthering such ends.")
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
that prohibits an act of war by the state. The Constitution came into effect on May 3, 1947, immediately following World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. In its text, the state formally renounces war as a sovereign right and bans settlement of international disputes through the use of force. The article also states that, to accomplish these aims, armed forces with war potential will not be maintained, although Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
maintains de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
armed forces, referred to as the Japan Self-Defense Forces
Japan Self-Defense Forces
The , or JSDF, occasionally referred to as JSF or SDF, are the unified military forces of Japan that were established after the end of the post–World War II Allied occupation of Japan. For most of the post-war period the JSDF was confined to the islands of Japan and not permitted to be deployed...
.
Text of the article
The full text of the article in Japanese:The official English translation of the article reads:
Historical background
The failure of the collective security of the League of NationsLeague of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
led to the realization that a universal system of security could only be effective if nations agreed to some limitation of their national sovereignty with regard to their right to belligerence. Like the German Article 24, which was incorporated in the post-war German Constitution
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
, and which provides for delegating or limiting sovereign powers in favor of collective security, Article 9 was added to the Constitution of Japan
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
during the occupation
Occupied Japan
At the end of World War II, Japan was occupied by the Allied Powers, led by the United States with contributions also from Australia, India, New Zealand and the United Kingdom. This foreign presence marked the first time in its history that the island nation had been occupied by a foreign power...
following World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
The source of the pacifist clause is disputed. According to the Allied Supreme Commander Douglas MacArthur
Douglas MacArthur
General of the Army Douglas MacArthur was an American general and field marshal of the Philippine Army. He was a Chief of Staff of the United States Army during the 1930s and played a prominent role in the Pacific theater during World War II. He received the Medal of Honor for his service in the...
, the provision was suggested by Prime Minister Kijūrō Shidehara
Kijuro Shidehara
Baron was a prominent pre–World War II Japanese diplomat and the 44th Prime Minister of Japan from 9 October 1945 to 22 May 1946. He was a leading proponent of pacifism in Japan before and after World War II, and was also the last Japanese prime minister who was a member of the kazoku...
, who "wanted it to prohibit any military establishment for Japan—any military establishment whatsoever." Shidehara's perspective was that retention of arms would be "meaningless" for the Japanese in the postwar era, because any substandard postwar military would no longer gain the respect of the people, and would actually cause people to obsess with the subject of rearming Japan. Shidehara admitted to his authorship in his memoirs Gaikō Gojū-Nen (Fifty Years Diplomacy), published in 1951, where he described how the idea came to him on a train ride to Tokyo; MacArthur himself confirmed Shidehara's authorship on several occasions. However, according to some interpretations, he denied having done so, and the inclusion of Article 9 was mainly brought about by the members of of , especially Charles Kades, one of Douglas MacArthur
Douglas MacArthur
General of the Army Douglas MacArthur was an American general and field marshal of the Philippine Army. He was a Chief of Staff of the United States Army during the 1930s and played a prominent role in the Pacific theater during World War II. He received the Medal of Honor for his service in the...
's closest associates. The article was endorsed by the Diet of Japan
Diet of Japan
The is Japan's bicameral legislature. It is composed of a lower house, called the House of Representatives, and an upper house, called the House of Councillors. Both houses of the Diet are directly elected under a parallel voting system. In addition to passing laws, the Diet is formally...
on November 3, 1946. Kades rejected the proposed language that prohibited Japan's use of force "for its own security," believing that self-preservation was the right of every nation.
The article's acceptance by the Japanese government may in part be explained by the desire to protect the imperial throne. Some Allied
Allies of World War II
The Allies of World War II were the countries that opposed the Axis powers during the Second World War . Former Axis states contributing to the Allied victory are not considered Allied states...
leaders saw the emperor as the primary factor in Japan's warlike behavior. His assent to the "anti-war" clause weakened their arguments for abolishing the throne or trying the emperor as a war criminal.
Interpretation
Chinese Civil War
The Chinese Civil War was a civil war fought between the Kuomintang , the governing party of the Republic of China, and the Communist Party of China , for the control of China which eventually led to China's division into two Chinas, Republic of China and People's Republic of...
ended in victory for the Communist Party of China
Communist Party of China
The Communist Party of China , also known as the Chinese Communist Party , is the founding and ruling political party of the People's Republic of China...
in 1949 and the establishment of the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
. As a consequence, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
was left without the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
as a military ally against communism
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
in the Pacific. There was a desire on the part of the United States occupation forces for Japan to take a more active military role in the struggle against communism during the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
.
In 1950, following the outbreak of the Korean War
Korean War
The Korean War was a conventional war between South Korea, supported by the United Nations, and North Korea, supported by the People's Republic of China , with military material aid from the Soviet Union...
, the U.S. 24th Infantry Division was pulled out of Japan and sent to fight on the front lines in Korea, leaving Japan without any armed protection. MacArthur ordered the creation of a 75,000-strong to maintain order in Japan and repel any possible invasion from outside. The NPR was organized by United States Army Col. Frank Kowalski
Frank Kowalski
Frank Kowalski was a United States Representative from Connecticut. He was born in Meriden, Connecticut, where he attended the grade and high schools. He graduated from the United States Military Academy in 1930, Massachusetts Institute of Technology in 1937, and studied international relations at...
(later a U.S. congressman) using Army surplus equipment. To avoid possible constitutional violations, military items were given civilian names: tanks, for instance, were named "special vehicles." Shigesaburo Suzuki, a leader of the Japan Socialist Party (JSP), brought suit in the Supreme Court of Japan
Supreme Court of Japan
The Supreme Court of Japan , located in Chiyoda, Tokyo is the highest court in Japan. It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law...
to have the NPR declared unconstitutional: however, his case was dismissed by the Grand Bench for lack of relevance.
On August 1, 1952, a new was formed to supervise the NPR and its maritime component. The new agency was directly headed by Prime Minister Shigeru Yoshida
Shigeru Yoshida
, KCVO was a Japanese diplomat and politician who served as Prime Minister of Japan from 1946 to 1947 and from 1948 to 1954.-Early life:...
. Yoshida supported its constitutionality: although he stated in a 1952 Diet committee session that "to maintain war potential, even for the purpose of self-defense, [would] necessitate revision of the Constitution." He later responded to the JSP's constitutionality claims by stating that the NSF had no true war potential in the modern era. In 1954, the National Safety Agency became the Japan Defense Agency
Japan Defense Agency
The is a cabinet-level ministry of the Japanese government. As a result of a law enacted on December 15, 2006, it became a ministry on January 9, 2007. Prior to that, it was the Japan Defense Agency ...
, and the National Police Reserve became the Japan Self-Defense Forces (JSDF)
Japan Self-Defense Forces
The , or JSDF, occasionally referred to as JSF or SDF, are the unified military forces of Japan that were established after the end of the post–World War II Allied occupation of Japan. For most of the post-war period the JSDF was confined to the islands of Japan and not permitted to be deployed...
.
In practice, the JSDF
Japan Self-Defense Forces
The , or JSDF, occasionally referred to as JSF or SDF, are the unified military forces of Japan that were established after the end of the post–World War II Allied occupation of Japan. For most of the post-war period the JSDF was confined to the islands of Japan and not permitted to be deployed...
are very well equipped and the maritime forces are considered to be stronger than the navies of some of Japan's neighbors. The Supreme Court of Japan
Supreme Court of Japan
The Supreme Court of Japan , located in Chiyoda, Tokyo is the highest court in Japan. It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law...
has reinforced the constitutionality of armed self-defense in several major rulings, most notably the "Sunakawa Case" of 1959, which upheld the legality of the then-current U.S.-Japan Security Treaty.
Article 9 Association
The founders of the Article 9 group stressed the need to remove nuclear powerNuclear power
Nuclear power is the use of sustained nuclear fission to generate heat and electricity. Nuclear power plants provide about 6% of the world's energy and 13–14% of the world's electricity, with the U.S., France, and Japan together accounting for about 50% of nuclear generated electricity...
from the nation's energy policy in light of Article 9 of the Constitution and the Fukushima nuclear disaster. Kenzaburo Oe
Kenzaburo Oe
is a Japanese author and a major figure in contemporary Japanese literature. His works, strongly influenced by French and American literature and literary theory, deal with political, social and philosophical issues including nuclear weapons, social non-conformism and existentialism.Ōe was awarded...
, one of the nine founders of the Article 9 Association, spoke at the group's national rally in Tokyo in November 2011, which drew about 700 like-minded people.
Debate
Article 9 of the Japanese Constitution not only forbids the use of forceForce
In physics, a force is any influence that causes an object to undergo a change in speed, a change in direction, or a change in shape. In other words, a force is that which can cause an object with mass to change its velocity , i.e., to accelerate, or which can cause a flexible object to deform...
as a means to settling international disputes but also forbids Japan from maintaining an army
Army
An army An army An army (from Latin arma "arms, weapons" via Old French armée, "armed" (feminine), in the broadest sense, is the land-based military of a nation or state. It may also include other branches of the military such as the air force via means of aviation corps...
, navy
Navy
A navy is the branch of a nation's armed forces principally designated for naval and amphibious warfare; namely, lake- or ocean-borne combat operations and related functions...
or air force
Air force
An air force, also known in some countries as an air army, is in the broadest sense, the national military organization that primarily conducts aerial warfare. More specifically, it is the branch of a nation's armed services that is responsible for aerial warfare as distinct from an army, navy or...
. Therefore, in strictly legal terms, the Self Defense Forces are not land, sea or air forces, but are extensions of the national police force. This has had broad implications for foreign, security and defense policy. According to the Japanese government, “‘war potential’ in paragraph two means force exceeding a minimum level necessary for self-defense. Anything at or below that level does not constitute war potential.” Apparently when the SDF was created, “since the capability of the SDF was inadequate to sustain a modern war, it was not war potential.” Seemingly, the Japanese government has looked for loopholes in the wording of the peace clause and the “constitutionality of the Japanese military has been challenged numerous times.” Some Japanese people believe that Japan should be truly pacifist and claim that the SDF is unconstitutional. The Supreme Court, however, has ruled that it is within the nation’s right to have the capacity to defend itself. Scholars have also discussed “constitutional transformation…[which] occurs when a constitutional provision has lost its effectiveness but has been replaced by a new meaning.” The Liberal Democratic Party (LDP)
Liberal Democratic Party (Japan)
The , frequently abbreviated to LDP or , is a centre-right political party in Japan. It is one of the most consistently successful political parties in the democratic world. The LDP ruled almost continuously for nearly 54 years from its founding in 1955 until its defeat in the 2009 election...
has interpreted Article 9 as renouncing the use of warfare in international disputes but not the internal use of force for the purpose of maintaining law and order. The ruling party, the Democratic Party of Japan (DPJ)
Democratic Party of Japan
The is a political party in Japan founded in 1998 by the merger of several opposition parties. Its socially liberal platform is generally considered center-left in the Japanese political spectrum...
, tends to concur with the LDP's interpretation. At the same time, both parties have advocated the revision of Article 9 by adding an extra clause
Clause
In grammar, a clause is the smallest grammatical unit that can express a complete proposition. In some languages it may be a pair or group of words that consists of a subject and a predicate, although in other languages in certain clauses the subject may not appear explicitly as a noun phrase,...
explicitly authorizing the use of force for the purpose of self-defense against aggression directed against the Japanese nation. The now-defunct Japan Socialist Party (JSP), on the other hand, had considered the Japan Self-Defense Forces (JSDF)
Japan Self-Defense Forces
The , or JSDF, occasionally referred to as JSF or SDF, are the unified military forces of Japan that were established after the end of the post–World War II Allied occupation of Japan. For most of the post-war period the JSDF was confined to the islands of Japan and not permitted to be deployed...
as unconstitutional and advocated the full implementation of Article 9 through the demilitarization of Japan. When the party joined with the LDP to form a coalition government, it reversed its position and recognized the JSDF as a structure that was constitutional. The Japanese Communist Party (JCP)
Japanese Communist Party
The Japanese Communist Party is a left-wing political party in Japan.The JCP advocates the establishment of a society based on socialism, democracy and peace, and opposition to militarism...
considers the JSDF unconstitutional and has called for reorganization of Japanese defense policy to feature an armed militia.
Since the late-1990s, Article 9 has been the central feature of a dispute over the ability of Japan to undertake multilateral military commitments overseas. During the late 1980s, increases in government appropriations for the JSDF averaged more than 5% per year. By 1990 Japan was ranked third, behind the then-Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, in total defense expenditures, and the United States urged Japan to assume a larger share of the burden of defense of the western Pacific
Pacific Ocean
The Pacific Ocean is the largest of the Earth's oceanic divisions. It extends from the Arctic in the north to the Southern Ocean in the south, bounded by Asia and Australia in the west, and the Americas in the east.At 165.2 million square kilometres in area, this largest division of the World...
. Given these circumstances, some have viewed Article 9 as increasingly irrelevant. It has remained, however, an important brake on the growth of Japan's military capabilities. Despite the fading of bitter wartime memories, the general public, according to opinion polls, continued to show strong support for this constitutional provision.
The different views can be clearly organized into four categories: pacifists, mercantilists, normalists, and nationalists. The current pacifists believe in maintaining Article 9 and claim the SDF is unconstitutional, and would like to detach Japan from international wars. The mercantilists have divided opinions about Article 9 although the interpretation is broadened to include the SDF, and believe that the SDF’s role should be retained to activities related to the United Nations and for non-combat purposes. They advocate minimal defense spending, and emphasize economic growth. The normalists “call for incremental armament for national defense and accept using military force to maintain international peace and security”. They support the revision of Article 9 to include a clause explaining the existence and function of the SDF. The nationalists assert that Japan should remilitarize and build nuclear capabilities in order to regain pride and independence. They also advocate revision of Article 9 to promote armament. Evidently, opinions range from one extreme of pacifism, to the other extreme of nationalism and complete remilitarization. The majority of Japanese citizens approve the spirit of Article 9 and consider it personally important. But since the 1990s, there has been a shift away from a stance that would tolerate no alteration of the article to allowing a revision that would resolve the discord between the JSDF and Article 9. Additionally, quite a few citizens consider that Japan should allow itself to commit the Self-Defense Forces to collective defense efforts, like those agreed to on the UN Security Council in the Gulf War
Gulf War
The Persian Gulf War , commonly referred to as simply the Gulf War, was a war waged by a U.N.-authorized coalition force from 34 nations led by the United States, against Iraq in response to Iraq's invasion and annexation of Kuwait.The war is also known under other names, such as the First Gulf...
, for instance. Japan’s ability to “engage in collective defense” has been argued. The involvement of Japan in the Gulf War of 1990, or lack of involvement, has provoked significant criticism. Despite U.S. pressure on Japan to assist America in Iraq, Japan limited their involvement in the war to financial contribution primarily because of domestic opposition to the deployment of troops. As a result of the painfully ardent disapproval from the U.S. during the Gulf War, Japan was quick to act after the September 11 attacks in 2001. It was clear that “the September 11 attacks led to increased U.S. demands for Japanese security cooperation.” On October 29, 2001 the Anti-Terrorism Special Measures Law was passed, which “further broadened the definition of Japan’s self-defense.” The law allowed Japan to support the U.S. military on foreign territory. This law provoked “citizen groups [to] file lawsuits against the Japanese government in order to stop the dispatch of SDF troops to Iraq and to confirm the unconstitutionality of such a dispatch,” though the troops sent to Iraq were not sent for combat but for humanitarian aid. Japan has actively built U.S.-Japan relations precisely because of Article 9 and Japan’s inability to engage in an offensive war. It has been debated that, “when [Koizumi] declared support for the U.S.-led war on Iraq in March 2003, and when he sent Japanese forces to aid the occupation in January 2004, it was not Iraq that was in the Japanese sights so much as North Korea.” Japan’s unstable relations with North Korea, as well as other neighboring Asian countries has forced Japan to batter and bend Article 9 to “permit an increasingly expansive interpretation” of the constitution in the hopes of guaranteeing U.S. support in these relations.
Constitutionally, Japan cannot defend itself if it is attacked. Even if Article 9 was amended to include a self-defense clause, there is no guarantee that the amendment will allow combat because of the wide range of opinions. Moreover, “any amendment of the constitution of Japan that removes the war renunciation clause could potentially enflame regional tensions.” Currently the solution to problems regarding North Korea, China, and Korea is, “A closer U.S.-Japan alliance.” Japan’s independence as a nation has been debated because of the existence of Article 9, but the U.S. “insists that Japan must rely on U.S. protection.” Nevertheless, with America’s plethora of internal and external problems, it is difficult for Japan to rely solely on the U.S. for support. Ultimately, the complexity and delicacy of Japan’s international relations creates difficulty to make changes to Article 9.
In May 2007, the then Prime Minister of Japan
Prime Minister of Japan
The is the head of government of Japan. He is appointed by the Emperor of Japan after being designated by the Diet from among its members, and must enjoy the confidence of the House of Representatives to remain in office...
Shinzo Abe
Shinzo Abe
was the 90th Prime Minister of Japan, elected by a special session of the National Diet on 26 September 2006. He was Japan's youngest post–World War II prime minister and the first born after the war. Abe served as prime minister for nearly twelve months, before resigning on 12 September 2007...
marked the 60th anniversary of the Japanese Constitution by calling for a bold review of the document to allow the country to take a larger role in global security and foster a revival of national pride.
International comparisons
In the Italian ConstitutionConstitution of Italy
The Constitution of the Italian Republic was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended 13 times, was promulgated in the extraordinary edition of Gazzetta Ufficiale No. 298 on 27 December 1947...
Article 11 is similar to the Japanese analogue, but the use of military forces is permitted for self-defence (articles 54 and 78) and also for peace-keeping purposes, if agreed with international organizations:
"L'Italia ripudia la guerra come strumento di offesa alla libertà degli altri popoli e come mezzo di risoluzione delle controversie internazionali; consente, in condizioni di parità con gli altri Stati, alle limitazioni di sovranità necessarie ad un ordinamento che assicuri la pace e la giustizia fra le Nazioni; promuove e favorisce le organizzazioni internazionali rivolte a tale scopo." ("Italy repudiates war as an instrument offending the liberty of the peoples and as a means for settling international disputes; it agrees to limitations of sovereignty where they are necessary to allow for a legal system of peace and justice between nations, provided the principle of reciprocity is guaranteed; it promotes and encourages international organizations furthering such ends.")
See also
- Japan Self-Defense ForcesJapan Self-Defense ForcesThe , or JSDF, occasionally referred to as JSF or SDF, are the unified military forces of Japan that were established after the end of the post–World War II Allied occupation of Japan. For most of the post-war period the JSDF was confined to the islands of Japan and not permitted to be deployed...
- Japanese Iraq Reconstruction and Support Group
- Foreign relations of JapanForeign relations of JapanForeign relations of Japan is handled by the Ministry of Foreign Affairs of Japan.Since the surrender after World War II and the Treaty of San Francisco, Japanese diplomatic policy has been based on close partnership with the United States and the emphasis on the international cooperation such as...
External links
- Regular updates on and analysis of Japanese politics (Articles and audio)
- Global Article 9 Campaign