Mutilation of Security Legislation

Liberal Democratic Party and Komeito agreed on the basic concept of new security legislatures on Tuesday. In the latest session between negotiators of both parties, LDP accepted firm insistence of Komeito on requirement of agreement from both Houses of National Diet for the activities of Self-defense Force in advance. That was an only achievement Komeito secured. In the situation of exercising collective self-defense right and supporting friend troops for protecting Japan, the legislations do not strictly demand any approval from the Diet before the operation. Mutilated laws are supposed to be passing the Diet this summer.

In the discussion of those two leading parties, new legislatures include International Peace Supporting Act, Important Affective Situation Safety Securing Act and amendment of Military Offensive Situation Law. They reached a structural agreement of those legislatures before the final agreement between Japan and United States on revised security guidelines later this month.

International Peace Supporting Act is to enable the government of Japan to send self-defense force anywhere for logistic support as it did in U.S. operation in Afghanistan or Iraq. To avoid delay of dispatch with political struggle, LDP was reluctant to include the provision for Diet’s approval before the order. Komeito needed an achievement in the coalition to persuade voters in the ongoing campaign for local elections.

The achievement of Komeito was nothing but to pretend itself to be standing still in the coalition. It was proved by the fact that other legislatures were mostly mutilated. In the dispatch of self-defense force with other two laws, Prime Minister, as the supreme commander, needs to get the approval from the Diet. But, he or she can also do that with an ex post facto consent in emergency. It does not work as a brake against discretional use of force by the government.

The leading parties are supposing a case of exercising collective self-defense in the operation of self-defense force in Hormuz Strait to support U.S. military. However, admitting collective self-defense right is not needed for supporting other force, but for protecting members of self-defense force from arresting by Japanese police after coming back from foreign land. Supportive operation is possible enough in current laws. U.S. has to understand that security legislature considered in Shinzo Abe administration is needed not for maintaining the alliance, but for implementing the unprecedented agenda of Prime Minister Abe.