Minor assignment 5: First Draft

Self Defense Force dispatch to Iraq

I. Introduction
Iraq War has yet not ended and the debate on whether or not Self Defense Force should be dispatched to Iraq is still going on. The crucial reason for the deployment of SDF to Iraq is to strengthen or, at the minimum, to maintain the US-Japan Security Alliance. Many elites argue that Japan should endorse US stance on the “war on terror” as an ally. On the other hand, pacifists and some Japanese citizens argue against the SDF dispatch which is prohibited by Article 9 of the constitution if defined narrowly. Following the Constitution Article 9 strictly and embracing the pacific sentiment that has existed since the end of the Second World War, Japan should take its own choice not to dispatch SDF to Iraq.

II. Legitimacy
Article 9 or the Japan’s constitution, the war renunciation clause, admits the use of force as self defense only;

“(1) Aspiring sincerely to an international peace based on justice and order, 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.
(2) In order to accomplish the aim of the preceding paragraph, land, sea and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized. (Blue 67)

The clause has long been interpreted as to legitimize the use of SDF to retaliate against attacks against Japan. However, the Article does not allow collective defense, meaning that even if any country other than Japan is attacked, Japan can not counterattack against “the enemy” unless the attack directly influences Japan. The United States, though is US-Japan Security ally and promises to protect Japan from any military threat, is not an exception. Iraq neither attacked Japan nor threatened Japan’s security directly, and therefore Japan has no rationale to align with the US on the matter of the Iraq War.

However, what kind of military situation is regarded as a direct threat to Japan’s security may vary depending on the perception of the country or the person. The 1997 Revised Guidelines for US-Japan Defense Cooperation referred to Japan’s functional military scope. The Guidelines indicated that Japan and the US can cooperate in times of contingency in the “area surrounding Japan”. The area covered was not specific because, according to Japanese government, the functional scope was “situational” rather than “geographical”. (Agenda, 178) The stated purpose of the expansion of the scope was to maintain the stability in the entire East Asia Pacific. However, Iraq definitely is not included in this scope. Therefore, dispatch of SDF to Iraq is against the Defense Guidelines as well as the Constitution.

The SDF dispatch to Iraq contravenes the International Peace Cooperation Law (PKO law) passed in 1992. This law was established as a reaction to the international criticism of Japan as a country which operates “checkbook diplomacy”, not making a human contribution to peace, but just money. (Blue 69) This law does allow SDF dispatch to area outside the scope determined under the Defense Guidelines. However the conditions for SDF dispatch is clarified strictly by the five PKO principles that

(1) agreement on a cease-fire should have been reached by all parties in the conflict
(2) the parties involved in the conflict should give their consent to the deployment of PKO forces and the participation of Japan in the operation
(3) the PKO force shall remain impartial and not favor any party in the conflict
(4) should any of the proceeding guidelines be broken, Japan may withdraw its contingent
(5) the use of weapons is limited to that necessary to protect directly the lives of personnel

Only when all the principles are satisfied, can SDF be deployed. Also, when SDF dispatch is sanctioned, it means that it is more likely to be a consensus of many countries and not a extreme stance. Although PKO activities are permitted only if the Constitution is interpreted widely, the participation in UN PKO activities are essential both to acquire international support as a pacifist country and to contribute to peace. However, in the case of Iraq War, the SDF dispatch is not sanctioned by the UN, but just the US. The fact that Japan and the US are engaged in the Security Alliance does not give enough rationale to deploy SDF.

III. Pacifism
Since the end of the World War, Japanese citizens’ antiwar sentiment has been strong because of the repentance for Japan’s imperialism over Asia and the experience of the nuclear weapons dropped in Hiroshima and Nagasaki. People have hoped that there will never be a war ever again, and Japan has made efforts to address the importance and fragility of peace to the world.

Japan has demonstrated great support for disarmament and the abolition of nuclear weapons. Japan adheres to its non-nuclear principles, and also, took the lead in building the international framework to achieve the world with no nuclear weapons. Japan signed the Non Proliferation Treaty in1970 and convinced other countries to join or remain in the NPO. For example, Japan induced China to sign the NPO, with China’s eventual accession in 1992. Japan has expressed support for the Comprehensive Test-Ban Treaty too. The Japanese government responded to China’s nuclear tests in 1995 and India’s and Pakistan’s tests in 1998 by freezing financial support. In addition, Japan proactively backed the establishment of the Tokyo Forum for Nuclear Non-Proliferation and disarmament in1998. (agenda 198)

As well as disarmament on world-wide level, Japan has taken steps to maintain security stability in the East Asia Pacific. The concept of this forum is attractive because it encourages cooperative security based on a structure of peaceful relations among members.

Even though Japan has stressed pacifism by taking initiatives in activities such as the elimination of nuclear weapons and the foundation of the regional forum, excessive military cooperation between the US and Japan may spoil the efforts. China, Korea and Russia perceive that the purpose of the US-Japan alliance has shifted from the protection of Japan to maintaining the stability, if not hegemony, of the East-Asia Pacific region. The presence of US forces on Japan’s land itself creates tension and suspicion. The functional scope extended by the 1997 Revised Defense Guidelines conveys the message to countries around that they are potential “troublemakers” which have to be watched always. The joint research of Theater Missile Defense raised suspicion even more because of its total lack of transparency. If SDF is dispatched to Iraq and the dispatch causes the East-Asian countries to recognize the US as the world’s hegemonic power and Japan as its subordinate, the regional peace will be difficult to achieve. (challenge 70)