2003 JAPAN LAW: WAR CONTINGENCY LAWS
Keywords: War, Self Defense Forces, North Korea, Terrorism
Copyright 2004. All rights reserved Attorney Roderick H. Seeman
===============================================================
In June, 2003 the government passed three laws achieving the biggest changes in Japan’s Defense-Security arena since the world war. One law sets out the decision making process by the government if there is a military attack or perceived threat of attack (shades of pre-emptive defense!). Another law amends the Self Defense Force Law to facilitate the mobilization of the Self Defense Forces. The third law would establish the Security Council of Japan. The legislation was supported by over 80% of the Diet members. The laws would permit the mobilization of the Self Defense Forces if a military attack is anticipated. The government is mandated to draw up a plan of action were there is an attack or fear of an imminent attack. The plan must be endorsed by the Diet. The law gives the SDF draconian powers for taking land and other property necessary for operations and exempts the military from legal procedures common in peace time. On the hand, specifically provided in the law is protection of constitutionally guaranteed human rights. In the implementation regulations, the head of the Defense Agency would be able to request prefectural governors to compel doctors, nurses, pharmacists and other medical personnel to stay on the job in cases of military emergency. The governors could compel as well railways, bus operators, trucking and construction firms to continue their operations. Automobile maintenance, oil supply facilities such as gas stations may be placed under the management of the governor. Other facilities to be put under control include airlines, high speed vessel operators, ferry operators, dockyards, moorings and oil depots at airports. These provisions would only be applicable to regions designated by the prime minister.