Japan’s post-war constitution: a ‘get out of jail free’ card


Before the Prime Minister Sanae Takaichi met with the President Donald Trump in Washington a few weeks ago, the Japanese bored that Trump would ask Japan to send Japan’s Self-Defense Force (JSDF) in the Persian Gulf – even just a few ships or aircraft.

Anyone who has dealt with Japanese officials for any length of time can imagine the teeth-gnashing followed by “very strong” anxiety.

Takaichi said beforehand that she would explain to “Donald” the limitations on what Japan could do. Implicitly, these are “constitutional” restrictions – imposed by The Japanese Constitutionwhich, in fact, was drawn up by the Americans after World War II.

The Takaichi-Trump meeting turned out to be pure glory, and the “JSDF in the Gulf” issue never came up in public – or officially. READING afterwards.

But here’s a question worth considering: Does Japan’s constitution really preclude the deployment of the Self-Defense Forces?

The Japanese constitution begins: “We, the Japanese people, acting through our duly elected representatives in the National Diet, having resolved to secure for ourselves and our posterity the fruits of peaceful co-operation with all nations and the blessings of liberty throughout this land, and resolved never again to visit the horrors of war through the action of government, declare this power and establish this power by the determination of the people.” Image: Sankei

The best place to start is the actual text of Japan’s Constitution, which supposedly enshrines Japanese “pacifism” and shackles Japan when it comes to defense activities.

ARTICLE 9. (1) Sincerely aspiring to an international peace based on justice and order, the Japanese people forever renounce war as the nation’s sovereign right and the threat or use of force as a means of settling international disputes.
(2) In order to fulfill the purpose of the preceding paragraph, land, sea and air forces, as well as other potentials of war, shall never be preserved. The state’s right to fight will not be recognized.

How limited is the language?

The plain language is clear, even to non-lawyers.

Japan cannot have an army and will not fight. The wording almost suggests that the Japanese should barely be allowed to own knives and forks. One hardly blames the Americans in 1945 for writing the document as they did.

However, the constitution has been interpreted (and reinterpreted) out of any possible connection with its original meaning.

Almost from the day of ratification, Japan has always done whatever it felt it needed to do to protect itself, regardless of the constitution.

It was sent Rocket Launchers (with American encouragement) to support United States and United Nations forces in the Korean War in 1950 – and suffered casualties.

Japan also built a highly professional “self-defense” force that is a real army – with an army, air force, navy and the weapons and equipment that come with them. By some measures, the JSDF is the seventh the most powerful army in the world – whatever it’s called.

Japan’s military deployed to Iraq during the 2004 war, even in a non-combatant role. She has one overseas CoRe in Djibouti, conducts exercises throughout the Indo-Pacific, helps the Philippines defend itself, and is sending hundreds of troops to participate in combat training in the Philippines in April. Japan PROVIDED to build submarines for Australia in 2016 and more recently signed an agreement to build destroyers for the Australians.

This is a “pacifist” nation.

Alliance defense guidelines

The US-Japan Defense Guidelines adopted in 2015 provide a further legal basis for doing almost anything Japan wants to do – assuming it wants to do it.

But the American-imposed constitution (as many Japanese call it) has long been the main reason for Japan to avoid doing anything it doesn’t like to do.

Image: Parker Games

Think of a Get Out of Jail Free card from the popular board game, Monopoly.

And Japan’s leaders know it works with the Americans (and others).

But what it really means is that Japan wants to avoid the political effort required to send the JSDF anywhere, or to do anything defensively. Especially if it’s dangerous.

This worked for decades. Especially when there didn’t seem to be much danger and the memories of World War II were fresher. And anyway, only the US military can handle regional and global affairs.

The US needs Japan’s help

Those days are over. And the US needs Japan’s help – and help much closer to the front lines than ever. This is important operationally as well as politically.

After all, Japan is a good ally. Perhaps America’s best ally of the so-called “big.” Japan knows that the US-Japan alliance is essential to its defense – and generally acts like it.

It is also a major investor in the United States. There wasn’t much complaining about Trump’s tariffs or his demand 550 billion dollars of investment. Japan is building its own military, and compared to the forces of NATO countries, it is practically a military juggernaut.

In Japan, there is talk of sending minesweepers to the Persian Gulf – after an armistice is signed, and that is not so dangerous.

But in the end, Takaichi and Japan missed the opportunity to stand shoulder to shoulder with the Americans — instead doing the figurative equivalent of hiding in the bathroom until the fight your friend is fighting is over.

Takaichi, of course, had reason to do so. But the Constitution was an excuse, not a reason.

Grant Newsham is a retired US Navy officer and former US diplomat. He was the first US Navy liaison officer to the Japan Ground Self-Defense Force and was instrumental in promoting the JSDF’s initial moves toward an amphibious capability. Newsham is the author of the book When China Strikes: A Warning to America.

This article was first published by JAPAN Forward. Reprinted with permission.



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