Unconstitutional Laws Activated

Shinzo Abe administration activated one new law called International Peace Supporting Act and ten revised laws collectively named as Peace and Security Maintenance Legislature on 0:00 a.m. of Tuesday. Those laws, generally called new security laws, enables Japan Self-defense Force exercising collective self-defense right, which Japanese government has long been recognizing as unconstitutional in light of Article 9 of Constitution of Japan. Abe administration ignored that interpretation.

Traditional interpretation of the Constitution had been that JSDF could not use force as long as Japan was not directly attacked, because it would be beyond the line of minimum and necessary exercise of self-defense right. New security laws allow it, if Japanese government realized “existence crisis situation,” in which existence of Japan was in jeopardy. It is not law, but Japanese government, that determines whether Japan is in existence crisis situation. This kind of legal application deviates from rule of law.

The administration created another situation called “importantly affecting situation,” which meant a serious situation for Japan to be attacked, if it would make no action. In this situation, JSDF can make logistic support for United States Force or other allied force. Importantly Affecting Situation Law was a revised version of Peripheral Situation Law, which assumed contingency in Korean Peninsula. New legislation expanded the area for logistic support to all over the world, including volatile Middle East.

So, why this legislation is needed now? “Threats easily come beyond the border. We have a responsibility to protect our people,” reiterated Abe in the Diet discussions. Here are two more questions: Who will attack Japan with what kind of purpose and is the legislation enough? There is a sense of skepticism on the intention of U.S. to wage war with China for Japanese people. In that situation, Japan cannot defend by itself. New laws will not be enough for deterring Chinese advance.

A significant problem of new security legislation is damaging internal legal system, which has deeply been rooted on Article 9. There are a number of local laws or resolutions, which declare renouncing war, maintenance of peace or abolishment of nuclear weapon. New security legislation may make those peaceful determinations discouraged.

New security legislature is just like muscle enhancing drug for athlete, which harms internal organ of human body. Its necessity has to be discussed more sincerely and deliberately.