Memorandum by Masafumi Ishii, Minister
(Political) Japanese Embassy
I am writing in response to your letter of 21
October 2005 to Ambassador Yoshiji Nogami concerning your Committee's
"Inquiry into War-Making Powers." I hereby enclose a
copy of written evidence from the Government of Japan, summarizing
constitutional checks and balances and the respective roles of
the executive and legislature in making the decision to dispatch
its Self-Defense Forces.
Article 9 of the Constitution of Japan stipulates
that 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. It is understood, however, that the Constitution
does not deny the inherent right of individual self-defence that
Japan as a sovereign state is entitled to enjoy. On this understanding,
the Self-Defense Forces (SDF) is maintained to defend the nation
against direct and indirect aggression with the purpose of protecting
the peace and independence of the nation, and preserving public
order when necessary.
In this context, it is understood that the Constitution
prohibits "overseas deployment of armed forces"; in
this case, "overseas deployment of armed forces" means
dispatch of armed troops to foreign territory with the purpose
of using force. On the other hand, the dispatch of troops abroad
without the purpose of using force is not prohibited, although
missions and mandates need to be explicitly stipulated by statutory
law.
The following laws provide the legal basis for
the dispatch of SDF troops abroad. The degrees of the involvement
of the National Diet (legislature) vary from one law to another.
Self-Defense Forces Law
The law stipulates the missions, troop organization,
activities, mandates, etc of the SDF. Under the law, SDF troops
can be dispatched abroad for (a) evacuation of Japanese nationals
abroad, and (b) minesweeping. Approval by the National Diet is
not required in either case.
International Peace Cooperation Law
The law authorizes the Government to cooperate
with UN peacekeeping operations, international humanitarian relief
activities and election monitoring activities. The law requires
the Cabinet to decide on an implementation plan. As to certain
activities involving SDF troops such as ceasefire observation,
a prior approval by the National Diet is required.
Law concerning Dispatch of Japan Disaster Relief
Team
The law stipulates the procedures to dispatch
Japan Disaster Relief Teams which will be engaged in international
disaster relief activities in response to a large-scale disaster
abroad. The Minister for Foreign Affairs consults the Director-General
of the Japan Defense Agency if the former deems cooperation by
SDF troops particularly necessary for relief activities. Approval
by the National Diet is not required.
Laws concerning Measures to Ensure the Peace and
Security of Japan in Situations in Areas Surrounding Japan
The laws authorize the Government to implement
response measures (rear-area logistic support, rear-area search
and rescue activities, ship inspection operations, etc) in case
of a situation in the areas surrounding Japan. The laws require
the Cabinet to decide on a basic plan, which must be approved
by the National Diet before its implementation. Post factum
approval can be sought in case of emergency.
Anti-Terrorism Special Measures Law
Enacted in response to the terrorist attacks
on 11 September 2001, the law authorizes the Government to implement
response measures (cooperation and support activities, search
and rescue activities, relief activities) in order to contribute
to the efforts of international society in deterring and eradicating
threats of international terrorism. Approval of the National Diet
for activities of SDF troops must be sought within 20 days from
the commencement of such activities. The law requires the Cabinet
to decide on a basic plan, which must be reported to the National
Diet.
Law Concerning the Special Measures on Humanitarian
and Reconstruction Assistance in Iraq
The law authorizes the Government to dispatch
SDF troops to implement activities such as humanitarian and reconstruction
assistance in Iraq. Approval of the National Diet for activities
of SDF must be sought within 20 days from the commencement of
such activities. The law requires the Cabinet to decide on a basic
plan, which must be reported to the National Diet.
28 November 2005
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