Japan’s War-Renouncing Constitution

In 1947, just after the Second World War, Japan promulgated new Constitution,

in that it held an Article 9 expressing

Renunciation of War for eternal.

Kazutoshi Takeuchi

CIF Japan

1. My War Experience

• The 20th century was an unprecedented prosperous and affluent era for the humankind. However, at the same time, it can be called a “century of wars and conflicts”.

• I was still a child at the time of the World War II. I remember the darkness and horror during air raids over my hometown. I also remember seeing off my elder brother when he was drafted to the Japanese Army at the age of 18 and sent to the front line. He fortunately survived in the field but was captured as a war-prisoner and spent three years in a Siberian labor camp. My family had almost given up hope of seeing him again, but one day, he returned home with no advance notice and surprised us. We were very happy to be reunited.

• My childhood war experiences and desire for global peace motivated me to introduce you to Japan’s war-renouncing Constitution and its present situation.

2. Wars & Conflicts in the 20th Century

World War I   　　　World War II Abkhazian War 　Afghan Civil War Arab-Israeli Wars   Balkan Wars, 1912-

1913  Bangladesh Liberation

War Biafran War   Boer Wars Chaco War   Chechen Wa Chinese Civil War   Chinese Revolution Cold War

Cuban Revolution Falklands War   Futbol War   Grenada Invasion   Haiti - 1994 Honduras - El Salvador War

India-Pakistan Wars Indochina War   Iran-Iraq War   Italo-Ethiopian War   Korean War   Malvinas War Nagorno-Karabakh War

    

Nicaraguan Civil WarsNigerian Civil WarNorthern Ireland Ｃ onflict  Panama - 1989   Persian Gulf WarRusso-Japanese War   Sino-Japanese WarSoviet-Afghan War   Somali Civil War   Spanish Civil War   Suez Canal War, 1956Vietnam War   Yugoslav Wars

Source: http://www.dmoz.org/Society/History/By_Time_Period/Twentieth_Century/Wars_and_Conflicts/

In the 20th Century Japan engaged in wars with various nations: they were Russo-Japanese War, Sino-Japanese War, World War I and World War II. In the World War II, more than 3.1 million Japanese military and civilians are reported to have died. World War II was also the deadliest military conflict in history. Over 60 million people lost their lives around the world. It is quite unbelievable that following numbers of wars and conflicts happened in the Century.

3. Birth of Japan’s New Constitution After the War Who and what brought forth this New

Constitution? (1)The then political leaders of Japan, who had accepted surrender

of war and experienced the fall of the nation, took it seriously that the Japanese people had fed up with the war and, leaders dared to draft the war-renouncing Constitution by the request of the Occupation Army Chief, General MacArthur.

(2) General MacArthur intended to include the renouncing war item into the Constitution in order to make other Allied Nations to consent that Japan would have no intension to go to war for eternal, even with accepting the continuation of the Emperor system of Japan.

(3) The war renouncing Constitution was drafted with deliberation and negotiation between both parties in the mood of idealism and longing for eternal peace..

4. THE CONSTITUTION OF JAPAN Preamble We, the Japanese people, acting through our duly elected representatives in the National Diet, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim that sovereign power resides with the people and do firmly establish this Constitution. ・・・ (To be Continued)

(Preamble)

・・・ We, the Japanese people, desire peace for all time and are deeply conscious of the high ideals controlling human relationship, and we have determined to preserve our security and existence, trusting in the justice and faith of the peace-loving peoples of the world.

We desire to occupy an honored place in an international society striving for the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance for all time from the earth.

We recognize that all peoples of the world have the right to live in the peace, free from fear and want.

(To be Continued)

(Preamble)

We believe that no nation is responsible to itself alone, but that laws of political morality are universal; and that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations.

   We, the Japanese people, pledge our national honor to accomplish these high ideals and purposes with all our resources.

Constitution of Japan

Chapter II RENUNCIATION OF WAR Article 9.  Aspiring sincerely to an international peace

based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.

In order to accomplish the aim of the preceding

paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not

be recognized.

5. Five Essential Points of the Article 9 In a book titled “Kenpou 9 jyono shisou-suimyaku”( Water vein of ideas in

the basis of the Article 9 ) Professor Shinichi Yamamuro of Kyoto University points out five essential aspects that underlie the Preamble and Article 9 of the Constitution.

＊ 1. Renouncing war by disarmament Presence of military power creates a security threat and tension

that could lead to expansion of military power in neighboring nations. If the tension intensifies, it may lead to war between them. In order to prevent Japan from creating such tension or crisis, Article 9 prescribes to disarm totally of the nation’s own accord.

＊ 2. International relationship In the modern world, it was taken for granted that every nation had

the right to declare war by its own decision without any restriction. In order to restrict the power of sovereign states to come into war, there has been various ideas or proposal to establish international treaty for peace or organization that will be the basis of collective security of the nations. Article 9 takes the international relationship as vital importance..

＊ 3. Sovereignty of the people As even the international law permits that it is a government’s right

and decision for a nation to declare war. While governments might order ordinary citizens to fight for their nations, the citizens jeopardize their lives and sometimes become victims at war. The Constitution indicates that only sovereignty of the people can stop the war. In the preamble of the Constitution it is written as follows:

(we) resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim that sovereign

power resides with the people and do firmly establish this Constitution

＊ 4. The right to live in peace The Preamble says: “we recognize that all peoples of the world have

the right to live in the peace, free from fear and want.” Peace does not merely mean no war or no conflicts. Peaceful situation must be where people are free from fear and want. Japan’s Constitution advocates the right to live in peace not only to the Japanese but also to all the people in the world. The right to live in peace means the right not only “not to be killed” but also “to give up killing.” By the right to live in peace we can promise ourselves to be non-offenders to others in wartime as well as in peaceful time.

＊ 5. Thoughts and ideas based on historical legacy

In history there have been various movements and efforts to realize the war-free world. A number of great thinkers, like Erasmus of Rotterdam, Jean Jack Rousseau, Abbe de Saint-Pierre, Immanuel Kant, have made contributions to the progress of ideas for peace.

As the peace loving movement we can see from grass-root level actions to global movements such as the World Federation of Nations.

Some nations, other than Japan, also have constitutions that include an article renouncing wars in the past. For example, the French Constitution of 1791 and 1848 and Brazilian Constitution of 1891 included statements that renounced war among nations.

The Japanese top-level executives and people who drafted the Constitution learned those precedent trials and legacy.

Quoted from Prof. S. Yamamuro “Kenpoh 9 jyono shisoh suimyaku”,

2007, Asahi Shinbun, pp.18 ～ 35

6. Political Change and Emergence of Self Defense Force

1.So far there has been no amendment to the Constitution,

2. However international situation was changed by the Korean War (1950-53) and the lasting tension of Cold War lead by Soviet Russia and US.

3. Occupation Army General MacArthur ordered Japanese Government to establish the National Police Reserve in 1950.

4.Then this Police Reserve was transformed to the present Self Defense Force in 1954...

7. The present figures of the Japan Self-Defense Force

*Active personnel 238,000

(ranked 24th)

• Ground Self-Defense Force 148,000

Tanks 900 Helicopters 480

• Maritime Self-Defense Force 46,000

Major warships 119

* Air Self-Defense Force 44,000 Jet fighters 400

Budget $48.8 billion (2008) $ 37 billion World rank 8th

(2007, SIPRI statistics) Budget/ GDP = 0.8% World rank 149th (2006, CIA statistics)

Information & figures quoted from Wikipedia

Japan Self-Defense Force

Pictures : copied from the pages of Wikipedia

8. Article 9 in view of the Self-Defense Force(1) Various Political Stances towards the Article 9• 1. Pro-revisionists: Conservative parties have been appealing that the Article 9 is

justifiable to the defense of the Nation with armaments and argue that the Japan Self-Defense Force should be expressed literally in the sentence of the Article 9. Moreover they expect to increase the power and size of the Defense Force. They are willing to send troops abroad under the requests of the UN.

• 2. Pro-revisionists: Some of the conservative groups have insisted that present Article 9 is a contradiction with the actual existence of the Self-Defense Force. Therefore Article 9 should be revised to be consistent with the present situation. However Japan Self Defense Force should keep its activities in line with the country’s defensive security policy and engage in the disaster relief operation in and out of the country.

• 3. Status quo. No wish to revise the Article 9: These people agree that existing Self-Defense Force should be allowed to have minimum capacity to guard the people and also engage in the natural disaster relief operation. But they argue that if the Self-Defense Force were stated evidently in the Article 9, it will allow room for conservative groups in favor of military expansion to make broad interpretation of the constitution and in the end it will be difficult to put brakes on the escalation of military power.

• 4.  Opposing to revise Article 9: They insist that it is illegal for the Japanese government to have the Self-Defense Force, that it is genuine armed military troops and its existence is threatening to neighboring nations. By maintaining the current Article 9, they argue that the Self-Defense Force should be dissolved little by little otherwise transformed into the Disaster Relief Operation Force.

(2) Recent Public Opinion Poll on the SDF’s Foreign Operations

Public opinion poll conducted April 18 and 19, 2009 By Asahi Shinbun, Japanese

popular daily press

Q3. The following questions concern the international activities of the Self-Defense Forces (SDF). To what extent do you accept SDF foreign operations? Please choose one answer from the following three choices:  

　　　　　　　　　　　　 April 08 April 09 Do not accept SDF activity in

foreign operations 　　　 　 　　 15% 9%

  Accept SDF foreign operations as long as

they are not involved in military force 64% 56%

 

Accept SDF foreign operations and

the use of military force if necessary 17% 32%

9. Recent Political Movement Concerning the

Article 9 (1)Government Sanction for SDF’s Overseas Operation ＊ In June 1992, the Diet passed a UN Peacekeeping Cooperation Law

which permitted the SDF to participate in UN medical, refugee repatriation, logistical support, infrastructural reconstruction, election-monitoring, and policing operations under strictly limited conditions.

* In May 1993, fifty-three members of the SDF were sent to Mozambique to participate in the UN peacekeeping operation there.

* In 2004, the first overseas deployment without a UN agreemen occurred, when the Japanese government ordered a deployment of troops to Iraq by the request of the United States.

* In 2005 SDF briefly assisted the people of Indonesia following the disaster caused by Tsunami. * In June 2009 the Minister of Defense ordered the anti-piracy measures

off the coast of Somalia and the Gulf of Aden.

(2) Various Movements Opposing Amendment of the Constitution

＊ Public opinion:Some public opinion polls indicated as Article 9 of the Constitution of Japan prohibits Japan from using military force except in self-defense, current SDF activities in oversea were considered to be illegal by majority of the people.

　　＊ Opposision Parties: The dispatching of SDF personnel outside Japan's

borders remain a controversial issue. Members of the Democratic Party of Japan (DPJ), the major opposition party, and other parties in the Diet continue to oppose the foreign mobilization of SDF personnel, even to rescue or protect Japanese citizens.

＊“Article 9 Association”--- Citizens’ Groups led by well known 9 Japanese intellectuals are holding seminars in cities or towns throughout Japan so as to increase awareness of the present political situation and the significance of Article 9. The association is growing steadily, partly because of its strategy that allows its group to set up anywhere members want as long as the group has 9 members or more. At present there are nearly 9,000 groups all over Japan. Groups are connected by internet and come into action by their own decision without any organizational direction or restriction.

(3) Recent Public Opinion Poll on the Constitution

Public opinion poll conducted April 18 and 19, 2009 By Asahi Shinbun, Japanese popular daily press

Q2. Article 9 states a “renunciation of war and the right to a military.” Do you think Article 9 should or should not be

amended?  

April 08 April 09

　　 Should be amended 23% 26%

 

　　 Should not be amended 66% 64%

10. Closing remarks Since the promulgation of the new Constitution after World War

II, Japan has never gone into wars against any nations. Therefore it is noted Japan’s Self Defense Force has ever killed or wounded any single foreign nationals so far . We can assume Article 9 has been effective to restraining troops from using any arms in home and overseas operation. It is possibly be done because Japan had been protected by the US army based in the Japanese territory. Without US nuclear umbrella Article 9 might not have existed as it is today.

Therefore it would be the crucial occasion in the future for the Japanese citizens to see the total US army’s withdrawal from Japan or to face some military threatning powers in some corner of the world. Under such circumstances the people would have time to be tested whether they would stick to Article 9 and its renoucing war spirit as they think they do today.

Peace on earth cannot be attained without united efforts of the world citizens. Therefore it will be highly expected today to have dialogue among people beyond nation, race and religion in our everyday life for the world peace of tomorrow.