Looks like the Japanese government will push a special law allowing the country’s naval forces to stop and search North Korean ships, reports the Seoul Gyeongje. Ostensibly to support the American-led PSI, the law is feared by some in Korea and China to be a move by Japan to become a major military power.
The Tokyo Shinbun reported Friday that Tokyo is pushing plans to either apply the Law Concerning Measures to Ensure the Peace and Security of Japan in Situations in Areas Surrounding Japan to allow Japanese forces to support U.S. forces enforcing the PSI or legislate a separate law allowing Japan to carry out independent searches of North Korean vessels.
During a policy meeting Thursday, Japan’s ruling Liberal Democratic Party decided that several new laws were needed. Prime Minister Abe Shinzo also strongly suggested plans to expand Japan’s participation in the PSI, saying in regards to searching North Korean ships that the government needed to consider responses to all potential situations.
Since these moves amount to virtual recognition of Japan’s right to collective self-defense, some in Japan are questioning their constitutionality. The Japanese constitution currently disallows Japan the right to collective self-defense. The Nikkei reported that even within the LDP, there was strong opinion that the government needed to tread carefully here since actively searching North Korean ships could directly lead to violent clashes.
The Japanese constitution bans the searching of ships without their agreement since such searches could easily lead to firefights. Moreover, most people feel it’s a stretch to apply the Law Concerning Measures to Ensure the Peace and Security of Japan in Situations in Areas Surrounding Japan to providing rear-area support to U.S. forces enforcing the PSI. The law allows Japan to provide rear-area support for U.S. forces only when a) an armed conflict has broken out or will break out in an area around Japan; b) when there is a high possibility of mass refugees entering Japan; or c) when a certain nation is deemed a threat to peace by the UNSC and targeted for economic sanctions. The law is limited to allowing Japan to provide rear area support, search ships and provide rescue.
Meanwhile, the Japanese cabinet passed a measure slapping additional sanctions on North Korea today. The sanctions, which include banning North Korean ships from entering Japanese harbors and suspending all trade with Pyongyang, will go into effect from tomorrow.



10 Comments
If it took a nuclear bomb explosion to get Japan to act, I think it was worth it. North Korea’s nuclear explosion should also help keep silly issues like “Dokdo,” Yasukuni, and history books out of the news since South Korea would look pretty silly complaining about history books while the rest of the world is trying to deal with North Korea’s nuclear bombs.
Bush’s North Korean policy did not fail; in fact, I think it is doing exactly what it was meant to do. Bush wanted to isolate North Korea, and the nuclear bomb explosion has helped to do that. I think the Bush administration realized a couple of years ago that North Korea was going to play their nuclear bomb card no matter what, so they just decided to just let them play it without giving them anything.
What has North Korea gained by exploding a nuclear bomb? They may have gained a little nuclear-bomb-making know-how, but that knowlegde is going cost them a lot in sanctions. North Korea’s nuclear bomb explosion has helped Japan see the light, but South Korea seems to still be fumbing around in the dark.
South Korea’s “Sunshine Policy” was designed to get the rest of the world to invest in and develop North Korea to help reduce the cost that South Koreans would have to pay for reunification. That is not a bad plan under the right conditions, but it will never work without fundamental change in North Korea, and that is not going to happen while goofball Kim Jong-il is in power.
North Korea is more isolated than ever. That means that South Korea’s “Sunshine Policy” has failed, and George Bush’s North Korean policy is a succeeding.
I agree that it would have come to this sooner or later, regardless of what the US did or didn’t do. NK has been pursuing a nuke program for decades, come hell or high water.
Japan may want to mind the optics of getting too far out in front on this, though. To keep SK and China on side, they might want to consider a supporting role in at-sea inspections, but it might be prudent for them not to take the initiative and start boarding ships themselves…might as well try to maintain the newfound goodwill from Korea and China.
Anyhow, just to prove that not all South Koreans are under a spell and blame the US for this mess, check out this poster from the conservative protest in Seoul on Friday. It’s so in-your-face and contrary to what you’d expect, that I had to mention it.
The poster features a photo of KDJ and KJI shaking hands during their 2000 summit, with a pic of Roh Moo-hyun superimposed. The caption says:
The Norks will probably figure that what Japan needs is to have a couple more bombs dropped on them. Back in 45, the US dropped two on Japan and they have been docile sycophants of the US ever since. Maybe the Norks will think that with them dropping a few more on Japan will put the fear of God into em. That’s the way the Japs are, I guess.
And to think you’ve made it your life’s work on here to constantly whine about foreign stereotyping and racism …
D’oh…re the link in #2…it was a picture of a poster, now it links to a photo of John Bolton. In two hours, I suppose it’ll be something completely different.
I shoulda known these links to AP photos would change over time. At least I wrote down what the poster said, so it’s not entirely lost to the ether.
Nope, the Japanese became docile when they were thoroughly whipped by the Americans. However, they were never defeated by Koreans — indeed, they had free run of the place for several decades, notwithstanding a brave attempt at resistance by a teenage girl or two. The fact that North Korea has a nuclear weapon won’t change that, even if your runty and ugly little co-ethnic tries to use it in Japan.
Well, that’s not entirely true. Let’s start with the text: Article 9 of the Constitution says (1) the country renounces the right to wage war and use force for the purpose of settling international disputes, and (2) for this purpose will not keep a navy, army, or air force. Original text below for all your Japanese/character buffs out there:
第九條
1. 日本國民は、正義と秩序を基調とする國際平和を誠實に希求し、國權の發動たる戰爭と、武力による威嚇又は武力の行使は、國際紛爭を解決する手段としては、永久にこれを放棄する。
2. 前項の目的を達するため、陸海空軍その他の戰力は、これを保持しない。國の交戰權は、これを認めない。
The debate about reforming the constitution to “remilitarize” is essentially just to delete section (2). And the purpose there is that nothing would change in substance, it would just change the constitution to meet existing realities, i.e. that Japan has a proper military, it just calls it a “Self Defense Force.”
As for collective self-defense, whether or not it is permitted is one of interpretation. There are no constitutional cases on the issue, at least none that are binding on the government. Abe and many others have long said that they believe collective self defense should be a part of Japan’s defense policy. Essentially the only restriction on the government is that it cannot wage war. As long as CSD doesn’t lead to that, government lawyers could argue that its perfectly constitutional as long as its for the purpose of national defene. Because remember, the use of force is only forbidden for the purpose of settling international disputes.
Hmm, Wordpress didn’t like the old-style Japanese characters. Here’s the same text with more modern Japanese:
第9条
1. 日本国民は、正義と秩序を基調とする国際平和を誠実に希求し、国権の発動たる戦争と、武力による威嚇又は武力の行使は、国際紛争を解決する手段としては、永久にこれを放棄する。
2. 前項の目的を達するため、陸海空軍その他の戦力は、これを保持しない。国の交戦権は、これを認めない。
I give up. Here’s the link:
http://www.houko.com/00/01/S21/000.HTM#s2
Next they’ll be mine clearing, providing naval suppresive fire and carrying troops across like they did in the Korean War. Oops, I thought the Japanese didn’t have the constitution for that after WW2. As long as nobody mentions bacteriological warfare…