Currently, the provisions of Article 9 as defined by the Supreme Court of Japan are open to Interpretation "unless such interpretations present a clear and present violation of the Japanese Constitution" It has further been specified by the Supreme Court that "Interpretations of Article 9 will be considered valid unless challenged by the Court". With this understand in mind, and with the renewed push by the Japanese Liberal Democratic party after the untimely death of Prime Minister Shinzo Abe for a further re-interpretation to more significantly expand Japans ability to conduct a global self defense effort, a motion is being considered by the National Diet which would redefine several aspects of the Articles limitations.
Currently, if Japanese warships or aircraft are conducting joint operations, the Japanese vessel or aircraft may not engage in offensive acts to defend allied assets, but instead only in defense of Japanese assets, as collective self defense is not defined as self defense under the current interpretation of Article 9, in a future where Self Defense will be conducted at a global scale and with broad trans-national collations, a constitutional block that would prevent joint operations is not viable.
Therefore Fumio Kishida, head of the Liberal Democratic Party of Japan, has formally proposed an interpretation of Article 9 that would include the defense of allies as part of the right of self defense as delineated to the national government under Article IX, and under the U.N. Charter, Furthermore, recognizing that the defense of allies can sometimes require pre-emptive acts of aggression, Japan under this new interpretation will have the right to engage in Defensive-Counterstrikes, or the striking of targets on foreign soil prior to the declaration of hostilities if critical to the defense of the Home Islands, with the Defense of Allies being also defined as Critical to the defense of the Home Islands.
Furthermore, recognizing that deterrence is the greatest form of Defense, this interpretation would also classify the creation of a nuclear deterrence as in line with the Article IX right for the Japanese state to posses a force of minimum required capacity for the defense of the Home Islands.
National Diet Considers further interpretations of Article 9
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Re: National Diet Considers further interpretations of Article 9
After negotiations with the Opposition, the House of Representatives has agreed to have a vote on the proposed interpretation of Article 9, With the stipulation that the request for a Japanese nuclear program be held in a separate special vote. A formal vote on the house floor is expected in the coming days.
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Re: National Diet Considers further interpretations of Article 9
A coalition between the Liberal Democratic part of Japan and the Democratic Party of Japan has formed with a strong majority in the House of Representatives, which has proposed the following changes.
-Japan will be allowed to engage of Defense of its allies, or aid in joint operations with Allies, as both functions are required for Japan to fully participate in trans-national military alliances, which is critical to the Defense of the Home Islands and in line with the sovereign Right to Self Defense.
-If Japan posses intelligence that an imminent attack on the Home Islands or Japanese Allies abroad, Japan recognizes that the ability to strike a target pre-emptively, in a defensive counterstrike, is in line with the sovereign right of self defense.
-Japan will be allowed to expand its defensive budget to 330 Billion USD per year
-Japan will be allowed to build large ships capable of far from home operations to aid in the defense of allies
-Japan will be allowed to base ships outside the Home Islands to contribute to the security of its allies
The Follow provisions where required for support from the Democratic Party of Japan.
-Japan continues to affirm that it does not posses the sovereign right of belligerency, and that all military acts will be conducted only in the defense of the Home Islands, a sovereign right afforded to all nations.
-Japan continues to abide by the Article 9 restriction on the creation of industry which can create weapons of purely offensive intent.
-Japan continues to affirm that it will seek to resolve all disputes via peaceful means, and that Japan does not retain the right to conduct acts of belligerency to further its own interests, less that interest be the Defense of the Home Islands.
-Japan will be allowed to engage of Defense of its allies, or aid in joint operations with Allies, as both functions are required for Japan to fully participate in trans-national military alliances, which is critical to the Defense of the Home Islands and in line with the sovereign Right to Self Defense.
-If Japan posses intelligence that an imminent attack on the Home Islands or Japanese Allies abroad, Japan recognizes that the ability to strike a target pre-emptively, in a defensive counterstrike, is in line with the sovereign right of self defense.
-Japan will be allowed to expand its defensive budget to 330 Billion USD per year
-Japan will be allowed to build large ships capable of far from home operations to aid in the defense of allies
-Japan will be allowed to base ships outside the Home Islands to contribute to the security of its allies
The Follow provisions where required for support from the Democratic Party of Japan.
-Japan continues to affirm that it does not posses the sovereign right of belligerency, and that all military acts will be conducted only in the defense of the Home Islands, a sovereign right afforded to all nations.
-Japan continues to abide by the Article 9 restriction on the creation of industry which can create weapons of purely offensive intent.
-Japan continues to affirm that it will seek to resolve all disputes via peaceful means, and that Japan does not retain the right to conduct acts of belligerency to further its own interests, less that interest be the Defense of the Home Islands.
Last edited by California Republic on Tue Feb 07, 2023 3:10 am, edited 2 times in total.
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Re: National Diet Considers further interpretations of Article 9
The Resolution passes the House of Representatives and moves to the House of Councilors for revision or a direct vote.
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