Article 9, Nuclear Weapons, and Japan’s Constitution
Similar to the other Axis powers following World War II, Japan’s constitution renounced war and all threat of force as sovereign rights of the state (Article 9). Where it went beyond Germany and Italy is in the second sentence of Article 9. To insure this first clause of Article 9 is maintained, the second sentence states that “land, sea, and air forces, as well as other war potential, will never be maintained.”[1] Since its creation the Liberal Democratic Party (LDP) has made a concerted effort to amend Article 9, to little success, until recently. Given how entrenched the Japanese belief in the original intent and wording of Article 9 is, success in reinterpreting it may present a route for advocates of domestic nuclear weapons. Will Japan’s constitution or its people ever allow a nuclear weapons stockpile on Japanese soil?
On May 3, 1947 the current post-war Japanese Constitution went into effect as a continuation rather than complete departure from its pre-war Meiji Constitution. Article 9 of the Japanese Constitution became simultaneously the backbone of its pacifist foreign policy, and a continual point of contention. While the Japanese pride themselves on the now peaceful nature of their state, opponents of Article 9 believe it is too limiting and prevents Japan from being a full participant in the international system. From the time it was signed into law until the present day, Article 9 has been subject to continual attempts to reinterpret it. The first successful attempt at reinterpretation occurred July 1, 1954 with the creation of the Japan Self Defense Forces (JSDF).[2] This reinterpretation allowed for an armed self-defense force, but continued to disavow aggression. Since the establishment of the JSDF, the defense forces have experienced incremental increases in their scope and capabilities. The interpretation of Article 9 has in practice been subject to changing external forces and “shifting political winds”.[3]
In September 2015, a package of eleven bills titled the “Peace and Security Preservation Legislation” championed by Prime Minister Shinzo Abe and his Liberal Democratic Party (LDP) passed the Diet, Japan’s legislative body.[4] The bills reinterpret Article 9 to allow for “collective self-defense”. The JSDF are now able to assist allies, like the United States, if attacked, although the scope and scale of assistance is still limited.[5]
As the only nation to experience the horrific effects of nuclear weapons, Japan has abided by the three non-nuclear principles of not possessing, not producing, and not permitting the introduction of nuclear weapons espoused by Prime Minister Eisaku Sato in 1967.[6] Yet, Japan does have massive stockpiles of nuclear fissile material. And, although Japan has no nuclear weapons, it does have nuclear weapons policy which was first laid out in an internal document in 1969 and then revealed to the public in 1994.[7] The strategy states that “for the time being we will maintain the policy of not possessing nuclear weapons,” but will “keep the economic and technological potential for the production of nuclear weapons.”[8] When seen in context with this government position, Japan’s stockpiles of nuclear fissile material make sense. It is clear that Japan is still pursuing this policy of technological deterrence today, or as some of its neighbors have termed it ‘nuclear hedging’.
Is it legal? According to Yusuke Yokobatake, director-general of the Cabinet Legislation Bureau (CLB) it is.[9] In fact nuclear weapons have been legal in Japan since 1957, thanks in part to Prime Minister Kishi Nobusuke (Prime Minister Abe’s grandfather), who shaped policy changes by pressuring members of the CLB. The result was that nuclear weapons were declared constitutional,[11] as long as they did not exceed the minimum amount necessary for self-defense,[12] allowing Japan to pursue the policy of technological deterrence.
If Prime Minister Abe is successful, before his term ends in September 2018, of fulfilling the Liberal Democratic Party’s promise to amend the Japanese Constitution, then the calls to deploy tactical nuclear weapons throughout the islands and to become self-reliant once again could become realistic.
Endnotes
[1] "THE CONSTITUTION OF JAPAN." THE CONSTITUTION OF JAPAN. Accessed November 26, 2016. http://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html.
[2] Liff, Adam P. "How Specifically Does Japan's LDP Want to Revise the Constitution?" The Diplomat. 2016. Accessed November 28, 2016. http://thediplomat.com/2016/07/how-specifically-does-japans-ldp-want-to-revise-the-constitution/.
[3] Prasad, Nidhi. “Yes, Japan Can Build Nuclear Weapons. (But at what cost?)” The National Interest. 2016. Accessed November 28, 2016. http://nationalinterest.org/blog/the-buzz/yes-japan-could-build-nuclear-weapons-what-cost-18019?page=2.
[4] “Japan Moves to Allow Military Combat for the First Time in 70 Years.” The New York Times. 2015. Accessed November 29, 2016. http://www.nytimes.com/2015/07/17/world/asia/japans-lower-house-passes-bills-giving-military-freer-hand-to-fight.html.
[5] Ford, Matt. “Japan Curtails its Pacifism.” The Atlantic. 2015. Accessed November 29, 2016. http://www.theatlantic.com/international/archive/2015/09/japan-pacifism-article-nine/406318/
[6] “Three Non-Nuclear Principles.” MOFA: Three Non-Nuclear Principles. Accessed November 29, 2016. http://www.mofa.go.jp/policy/un/disarmament/nnp/.
[7] Kato, Norihiro. “Ambiguities of Japan’s Nuclear Policy”. The New York Times. 2014. Accessed November 29, 2016. Nytimes.com/2014/04/14/opinioin/kato-ambiguities-of-japans-nuclear-policy.html?_r=0.
[8] Ibid.
[9] "Constitution Does Not Specifically Ban Japan's Use of Nuclear Weapons: Cabinet Official." The Japan Times. Accessed December 4, 2016. http://www.japantimes.co.jp/news/2016/03/19/national/politics-diplomacy/constitution-not-specifically-ban-japans-use-nuclear-weapons-cabinet-official/#.WESAloWcHIU.
[10] Liff, Adam P., Agnia Grigas, Vivek Prahladan, and Gordon G. Chang. "Japan's Article 9 Challenge." The National Interest. Accessed November 29, 2016. http://nationalinterest.org/blog/the-buzz/japans-article-9-challenge-10766.
[11] "Abe Cabinet Says Article 9 Does Not Ban Possessing, Using N-weapons：The Asahi Shimbun." The Asahi Shimbun. 2016. Accessed November 29, 2016. http://www.asahi.com/ajw/articles/AJ201604020026.html.