Again, what can Japanese Self-defense Force be doing with
new security bills? They allow JSDF rescuing Japanese people in foreign land,
self-defense against offender in United Nations peace-keeping operation or
protecting ammunition of foreign troops, even though they could be done even
without the bills. One single element in new security bills that was not
necessary was exercising collective self-defense.
As one of new security legislation, revised Self-defense
Force Law permitted JSDF to rescue Japanese citizens in foreign country, while
it had been limiting the activity to transportation. Meanwhile, the revised law
laid conditions on JSDF activities of rescuing, such as actual areal control of
host government or consent of host government on JSDF activity. They are the
measures not to let those activities realized as use of force in foreign
country that is prohibited by the Constitution of Japan. This provision will
not be applied to rescue Japanese abductees in North Korea, because government
of North Korea will not agree with it.
For the grey-zone situation, in which possible enemy is yet
using armed force, no legislation was made this time. The government and the
leading parties agreed on recognition that the order for mobilization can be made
with cabinet decision through telephone conference. Although the opposite
parties submitted Grey-zone Situation Bill to determine joint operation between
coast guard and self-defense force, the leading parties dismissed it.
For JSDF in U.N. peace-keeping operation, revised PKO
Cooperation Law added permission of use of force to get through an operation.
If JSDF members find other troops or non-government workers assaulted by an
armed group, they can reach and help them. Although it is doubted as violating
Article 9 of the Constitution, which prohibits using force in foreign country,
the revision has nothing to do with collective self-defense as long as it
matters with U.N. operation.
New law called Importantly Influential Situation Law
expanded JSDF coverage for supporting other troops from around Japan to all
around the world. But, “importantly influential situation” can be defined
within the concept of individual self-defense as long as it is concerned to
existence of Japan. Even how bureaucrats argue necessity of applying collective
self-defense to the situation, it can be managed with existing legal framework
of individual self-defense. It is not bureaucrats but the sovereign people who
have power to interpret the Constitution.
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