Eleanor Finch
Article 9 of Japan's constitution, also known as the country's pacifist clause, is a clause outlawing war as a means to settle international disputes. It came into effect on May 3, 1947, during the occupation of Japan by the Allies following World War II. The article states that armed forces with war potential will not be maintained, and that the state renounces the sovereign right of belligerency. The second element of Article 9, which prohibits Japan from maintaining an army, navy, or air force, has been highly controversial and subject to various interpretations. While some support maintaining Article 9 in its current form, others advocate for a revision to address concerns about the country's security and defense capabilities.
| Characteristics | Values |
|---|---|
| Purpose | Outlawing war as a means to settle international disputes involving the state |
| Renunciation | The state formally renounces the sovereign right of belligerency |
| Aim | To achieve international peace based on justice and order |
| Armed forces | Armed forces with war potential will not be maintained |
| Implementation | Imposed by U.S. military occupation to prevent rearmament of Japan post-World War II |
| Similarity | Comparable to the prohibition placed on post-World War I Germany, overseen by the United Kingdom |
| Interpretation | The Liberal Democratic Party (LDP) interprets it as renouncing the use of warfare in international disputes but not the internal use of force for maintaining law and order |
| Revision | Prime Minister Abe has stated that a revision of Article 9 is necessary to address concerns about the SDF's constitutional status |
| Public opinion | Opinion polls show strong public support for the provision, with pacifists advocating for its maintenance and normalists calling for incremental armament |
| Controversy | The second element, prohibiting Japan from maintaining an army, navy, or air force, is controversial and has been subject to various interpretations |
| Self-Defense Forces | The constitutionality of the Japan Self-Defense Forces (JSDF) is disputed, with some considering them an extension of the national police force |
| Loopholes | The Japanese government has sought loopholes, and the "war potential" phrase in paragraph two is interpreted as allowing for a minimum level of self-defense capability |
| Territorial disputes | Amendments to Article 9 may impact territorial disputes with North Korea, South Korea, and China over disputed islands |
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What You'll Learn
Article 9's origins
Article 9 of Japan's constitution, also known as the anti-military clause, is a clause in the Constitution of Japan that renounces the sovereign right of belligerency and aims for international peace based on justice and order. The article also states that armed forces with "war potential" will not be maintained.
The inclusion of Article 9 in Japan's constitution was influenced by the failure of the League of Nations to maintain collective security. It was recognized that a universal system of security required nations to limit their national sovereignty regarding their right to belligerency. This idea is reflected in Article 9, which restricts Japan's ability to use warfare as a means of settling international disputes.
The interpretation and implementation of Article 9 have been the subject of debate and controversy in Japan. The Liberal Democratic Party (LDP) has advocated changing the context of Article 9 since 1955, arguing that it only renounces the use of warfare in international disputes and not the internal use of force for maintaining law and order. However, their longtime coalition partner, Komeito, has opposed altering the article. Despite having supermajorities in the National Diet at various times, the LDP has been unable to secure the necessary two-thirds majority in both houses to amend the constitution.
Public opinion polls have shown strong support for the article's pacifist provisions, with different groups advocating for various interpretations and potential revisions. The pacifists aim to maintain Article 9 as it is, claiming that the Japan Self-Defense Forces (JSDF) are unconstitutional and should not be involved in international wars or peacekeeping operations. On the other hand, mercantilists have divided opinions, but they generally support broadening the interpretation to include the JSDF for activities related to the United Nations and non-combat purposes. They advocate minimal defense spending and prioritize economic growth. Meanwhile, normalists call for incremental armament and accept the use of military force to maintain international peace and security, seeking a revision of Article 9 to explicitly authorize the use of force for self-defense.
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Interpretations of Article 9
Article 9 of Japan's Constitution, also known as the "'pacifist constitution', was adopted in 1947 and has been interpreted and challenged numerous times since. The article has been interpreted to allow Japan to possess weapons for "self-defence", but not for offensive purposes. This interpretation has been challenged by some Japanese people who believe that Japan should be truly pacifist and claim that the Japan Self-Defense Forces (JSDF) are unconstitutional.
The Supreme Court has ruled that it is within the nation's right to have the capacity to defend itself, and in 1954, the National Safety Force was renamed the Self-Defense Forces (SDF), reflecting this interpretation of Article 9. The Liberal Democratic Party (LDP) has long advocated changing the context of Article 9, arguing that it should be amended to explicitly authorise the use of force for self-defence against aggression directed at Japan.
On the other hand, the LDP's coalition partner, Komeito, has opposed altering the article. The Constitutional Democratic Party of Japan generally agrees with the LDP's interpretation, but both parties have advocated for the addition of a clause that explicitly authorises the use of force for self-defence. The Japan Socialist Party initially considered the JSDF unconstitutional but reversed its position when it joined the LDP in a coalition government.
The Japanese government has been accused of seeking loopholes in the wording of the peace clause, and the constitutionality of the Japanese military has been frequently challenged. Some scholars have discussed "constitutional transformation", where a provision loses its effectiveness but gains a new meaning. The use of private military companies is also a subject of ambiguity and varying interpretations.
Amidst a changing geopolitical landscape, there have been increasing debates about how Article 9 should be understood and whether it should be amended. Prime Minister Shinzo Abe has long pursued constitutional reform, particularly regarding Article 9. However, allegations of corruption against Abe and his family have called these deliberations into question.
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Public opinion on Article 9
Article 9 of Japan's constitution, also known as the anti-military clause, has been a topic of debate for decades. The article renounces war as a sovereign right of the nation and declares that "land, sea, and air forces, as well as other war potential, will never be maintained". While there is a portion of the Japanese public that supports amending Article 9, especially right-wingers and members of the Liberal Democratic Party (LDP), there is also a significant portion that opposes any changes.
Opinion polls have shown that the general public has continued to show strong support for the current form of Article 9, even as Japan has questioned its limited role in global security and contributions to peace. The article has guided Japan through its economic success and established peace within the nation since World War II. Many citizens are concerned that amending the article could bring political turmoil, especially with neighbouring countries like South Korea and China, and that the current military capabilities are sufficient for defence. There are also concerns that if the Self-Defense Forces (SDF) are clearly written into the Constitution, the military and the government would run out of control.
However, there are differing opinions on the interpretation of Article 9. Some believe that Japan can interpret the article to allow them to do what they want, while others argue that it provides an excuse for not taking certain actions. There are also concerns about Japan's ability to defend its allies and contribute to multilateral military commitments overseas. Prime Minister Shinzo Abe had proposed an amendment to include the country's right to establish the SDF while keeping the second paragraph of Article 9 intact. Abe set a 2020 deadline for this revision, but it was met with opposition from various Japanese political parties and neighbouring countries.
Despite the efforts of the LDP and Prime Minister Abe, they have been unable to achieve the required two-thirds majority for a constitutional amendment due to public opposition. A national debate and referendum on the amendment could enhance the Japanese public's sense of ownership of their Constitution and influence the direction of Japan's defence policy.
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Attempts to revise Article 9
Article 9 of Japan's constitution, also known as the "'pacifist constitution', has been the subject of debate and attempted revisions since its promulgation in 1947. The article includes a vow to "renounce war as the sovereign right of the nation" and prohibits the use of force as a means of settling international disputes.
Abe's attempts at revising Article 9 included circumventing the constitutional amendment process and issuing a reinterpretation of the article through a cabinet decision. This reinterpretation allowed Japan to engage in collective self-defense for the first time. However, the questionable constitutionality of this move sparked debate and protests both domestically and internationally. China expressed a negative view of the reinterpretation, while the US, the Philippines, Vietnam, and Indonesia reacted positively.
The LDP has released draft amendments that propose to preserve the pacifist nature of paragraph 1 of Article 9 while deleting paragraph 2, which prohibits Japan from maintaining war potential. In its place, the LDP suggests including a new section titled "National Defense Force," which would outline the basic purpose and function of the military. However, the LDP has never been able to achieve the required two-thirds majority in both houses of the National Diet to pass a constitutional amendment.
Public opinion in Japan regarding the amendment of Article 9 is divided, with some polls indicating a roughly 50-50 split between those in favour of and against changing the constitution. An NHK opinion poll from 2018 found that 29% were in favour of constitutional reform, 27% were against, and 39% were uncommitted. Those in favour of revision believed that the constitution was outdated, while those against cited concerns for the protection of Article 9.
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Article 9 and the JSDF
Article 9 of the Japanese Constitution is a clause that expressly renounces war as a means to resolve international disputes. It was drafted following World War II and came into effect on 3 May 1947 during the occupation of Japan by the Allies. The article states that Japan formally renounces its sovereign right of belligerency and aims for international peace. It also mentions that armed forces with war potential will not be maintained.
The Japan Self-Defense Forces (JSDF) are a de facto military in Japan, established in 1954. The JSDF's creation was a result of the Japanese government's interpretation of Article 9, which allowed for a minimum necessary defense force. The JSDF was not to be deployed abroad and its war potential was limited by the idea of "minimum necessary" equipment for self-defence. This interpretation was encouraged by the United States, which sought to reduce the burden of Japan's defence on its own military.
The JSDF has undergone various changes since its establishment. In 1990, the interpretation of Article 9 prevented Japan from sending troops to assist the US in the Gulf War, leading to a contribution of $9 billion in monetary support. However, in 1992, the National Diet passed a UN Peacekeeping Cooperation Law, allowing the JSDF to participate in UN operations under strict conditions. In 2006, the Defense Agency was elevated to a full-fledged Ministry of Defense, and in 2015, the National Diet enacted legislation allowing the JSDF to defend allies in combat.
The interpretation of Article 9 has been a subject of debate, with the Liberal Democratic Party advocating for changing its context since 1955. In 2014, Prime Minister Shinzo Abe lifted the ban on engaging Japanese troops abroad, stating that it was in accordance with Article 9's prohibition on using war to settle disputes. Abe also issued a reinterpretation of Article 9, allowing Japan to engage in collective self-defence for the first time. This move was controversial and sparked protests in Japan and abroad due to questions over its constitutionality.
Overall, the JSDF's existence and evolution have been shaped by the interpretation of Article 9, with Japan gradually expanding its military capabilities while navigating the constraints imposed by this constitutional clause.
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Frequently asked questions
Article 9 of Japan's Constitution is a clause that outlaws war as a means to settle international disputes involving the state.
Article 9 prohibits Japan from maintaining an army, navy, or air force. This has been interpreted to mean that Japan cannot possess offensive missiles or maintain armed forces with war potential.
Article 9 was added to Japan's Constitution following World War II during the Allied occupation of Japan, which lasted from 1945 to 1952. It was imposed by the U.S. military occupation to prevent the rearmament of Japan and similar to a prohibition placed on post-World War I Germany.
There have been calls to amend Article 9, especially in light of changing security concerns in the region, including North Korea's nuclear capabilities and missile launches and a more militarized China. However, any amendment to Article 9 is a sensitive issue due to Japan's history of imperialism and could increase regional tensions. The Japanese public has generally supported the pacifist clause, but there are differing interpretations and views on how it should be implemented.
