Gov't to skip decision on collective self-defense
by next spring
After adopting the constitution, Japan also maintained an interpretation of Article 9 that prohibited it from exercising the right of collective self-defense
. Despite the 1960 U.S.-Japan Security Treaty, this interpretation has restrained Japan from being directly engaged in armed conflict involving the United States.
RIGHT OF COLLECTIVE SELF-DEFENSE
. The Cabinet Legislative Bureau, which has the responsibility for interpreting the constitution, maintains that Japan possesses the sovereign right to engage in collective self-defense
(the right to respond to an attack against an ally or against a partner in a UN operation) but that under Article IX the exercise of this right exceeds "the minimum needs of self-defense" and is therefore unconstitutional.
The Second Amendment was meant to protect the God-given right of individual and collective self-defense
as "being necessary to the security of a free state." That defense can be against a home intruder, a foreign army or a tyrant in one of our own political offices.
defend allies of Japan and America, or even protect the Japanese islands, a theory known as "collective self-defense
," if a naval battle occurred outside Japan's territorial waters.
Aside from a special provision in Article 107 relating to actions taken against enemy states during World War II, the Charter allows for only one other possibility, that is, according to Article 51, "individual or collective self-defense
if an armed attack occurs." This is not self- defense in some loose sense, such as defense against the long-range peril of Iraqi weapons of mass destruction, but rather self-defense after an armed attack has taken place.
In that sense, they resemble what Bohstedt found in eighteenth-century Devon, where he insists that the riots were not the result of efforts to defend an ideology embodying a moral economy, but were pragmatic acts of emergency collective self-defense
intended to correct the rioters' intolerable situation.
For his part, Aquino expressed support to Abe's initiative to exercise Japan's right to collective self-defense
, saying, "We believe that nations of goodwill can only benefit if the Japanese government is empowered to assist others, and is allowed to come to the aide of those in need, especially in the area of collective self-defense
." "We therefore do not view with alarm any proposal to revisit the Japanese Constitution if the Japanese people so desire, especially if this enhances Japan's ability to address the international obligations and brings us closer to the attainment of our shared goals of peace, stability, and mutual prosperity," Aquino said.
Japan on Tuesday resumed discussions on whether to lift a self-imposed ban on exercising the right of collective self-defense
in the face of security threats posed by China's maritime assertiveness and North Korea's nuclear ambitions.
The Japanese government has decided to fully discuss the introduction of a right to collective self-defense
by reconvening the meeting on reestablishment of legal foundations for national security early next month.
TOKYO, May 15 (KUNA) -- China remains vigilant over Japan's move toward lifting a ban on using collective self-defense
, state-run Xinhua News Agency quoted Chinese Foreign Ministry spokeswoman Hua Chunying as saying on Thursday.