The Military Context of ARTICLE 9 (November 2007)

                         

 THE MILITARY CONTEXT OF ARTICLE 9

 

By Marti Hiken Co-chair, NLG Military Law Task Force
(Presented at the 2007 NLG Convention Article 9 Workshop) 

The struggle to maintain the Peace Constitution in Japan is one of the most important struggles in the world today.

October 29th, 2007, the free fueling of the U.S. military “coalition” forces in the Indian Ocean since 2001, were stopped by the Japanese government due to overwhelming opposition by the Japanese population.

The support of the Peace Constitution by the Japanese people also lead to the formation of a new government more responsive to the needs of its people.

When it comes to war and peace, and military escalation, the Japanese government is much more responsive to its people than is our own.

The people of Japan and the United States are both dealing with principles, protections and promises that have proven too fragile to sustain without popular opposition. Both countries face constitutional crises and abandonment. We both confront failed constitutions.

Japan's recent victory in unseating its conservative prime minister stands as a beacon of success for the rest of the world. We have much to learn from the Japanese people about their struggle to preserve Peace and Democracy at home and abroad.

 

At the 2005 NLG Convention in Portland, Oregon, I talked to a progressive lawyer delegate from a small NATO northern European country, who had attended and I asked him, that since the MLTF had American AWOL soldiers who needed representation in his country, would he and/or his organization be willing to help these soldiers. He was horrified and quickly stated, “No, we will not help you. I wouldn’t want or would not be able to find lawyers who would be willing to work with you. We need American military technology and would not want to jeopardize that.

 

For over a decade, the United States and Japan have cooperated on missile systems. “The Japanese Defense Forces regularly send groups to the U.S. to train with Army air defense troops. And Japan has set up 24 of it own Patriot missile units around the country, according to Lt. Col. Masaru Ohta, commander of the 21st Air Defense Missile Squadron in Hariki, Japan.” Japan, along with South Korea and Taiwan, are among few countries that can afford to buy the U.S. missile defense equipment. For now, Japan is studying whether its constitution allows the country to shoot down a missile headed to the U.S.

[i]

 

The U.S. military sees Japan as a model for similar relationships around the world.

 

Effectively circumventing Article 9, three Japanese Maritime Self-Defense Forces ships, two destroyers and one supply vessel, left Sasebo naval base for Diego Garcia in the Indian Ocean in support of Operation Enduring Freedom on November 9, 2001. The three ships carried some 700 members of the Japan Maritime Self Defense Forces (JMSDF or Kaigun). It was the first combat theater operations of the Japanese navy abroad since the end of World War II hostilities in 1945. This dispatch followed the Japanese Diet’s overwhelming approval two weeks earlier of the Anti-terrorism Special Measures Law. The Anti-Terrorism Special Measures Law of 2001 has been extended a number of times beyond it original two-year period of application.

 

Japanese integration and interoperability in the Indian Ocean reveals how far Japan’s military reach extends within the framework of U.S.- Japan alliance. The stated purpose of the contingent was to provide a Japanese re-fueling capacity to the multinational forces operating in the Indian Ocean. Between 2001 and mid-2005, 47 MSDF ships have participated in thirteen rotations, and had supplied 552 ships in the multinational force.

 

Japan not only supplied fuel, but it also had intercepted vessels regarded as suspicious, with 11,000 inspections and “many crews” arrested. The Japanese forces had been involved in area-wide surveillance and tracking capacities, or perhaps for the protection of Diego Garcia. But above all, the deployment provided a very large portion of the MSDF’s ships and personnel with war zone experience. This would involve hands-on training in multilateral operations in theater, interoperability, communications difficulties, differing rules of engagement, and differences in organizational culture.[ii]

 

In terms of Iraq, Japan sent 600 soldiers in 2004 to assist the U.S.  It represented the first foreign deployment of Japanese troops since the end of WWII. The purpose was Humanitarian Relief and Iraqi Reconstruction. The 600 were pulled out in 2006 and re-located to Kuwait.[iii]

 

In effect, the capacities of the SDF as a whole have been steadily and effectively expanded over the past 15 years. Japan has removed many of the pre-existing restraints on the use of its already materially extremely powerful military forces.

 

The Japanese military has over 240,000 personnel and over an annual budget of $50 billion. Japan’s military outstrips Britain’s in total spending and manpower, while its navy in particular scores high among experts for its sophistication. The Japanese Navy is now the world’s number two naval power.

 

Under the Self Defense Forces Law of 1954, the nation’s defense establishment is organized to ensure civilian control of the armed forces. Civilians in uniform are classified as special civil servants and are subordinate to the ordinary civil servants who run the Defense Agency. On January 7th, 2007, the Japan Defense Agency was upgraded to Ministry of Defense, a Cabinet-level ministry. There is no military secrets law, and offenses committed by military personnel – whether on base or off base, on duty or off duty, of military or nonmilitary nature – are all adjudicated under normal procedures by civil courts in appropriate jurisdictions.[iv]

 

Blackwater operates not only in the U.S. It has about 100 private security forces in Japan protecting the country's controversial ballistic missile defense systems. Blackwater and the military's and employees' mission is to integrate into the community in Shariki, Japan, i.e. public relations. Two contractors have been sent home for breaking the rules. 

 

The radar is the AN/TPY-2, which points high-powered radio waves westward toward mainland Asia to hunt for enemy missiles headed east toward America or its allies. The system is serious — it could burn a person standing in the wrong place at the wrong time, says the American Captain there. Apparently, however, the contractors and U.S. military spend a lot of time trying to convince the townspeople that radar isn't dangerous to them.[v]

 

The basis for the integration of the Japanese and American military comes to us from the U.S. Pacific Command (PACOM), which was established as a unified command on January 1, 1947, and it is the oldest and largest of the U.S.’s unified commands. The U.S. Pacific Command was established as a unified command on January 1, 1947, and it is the oldest and largest of the U.S.’s unified commands.[vi]

 

Article 9 of the Japanese Constitution is a vision of a better world; it is a gatekeeper. However, through the operation and existence of PACOM, the inter-twining of U.S. and Japan operations through anti-terrorist and anti-drug laws, military and police training exercises, technological sharing and cooperation, and Mission Creep, the U.S. has invaded throughout the infrastructure of Japanese society.

 

But as Bush says, “A Japan – U.S. alliance is not just an alliance for our two countries; it is an alliance for the world, and in the interests of the world, we were able to confirm that we need to cooperate with each other.”

 

 



[i] Hana Kusumoto and Teri Weaver, “A Model Missile Defense Team,” Stars and Stripes, Pacific Edition, October 7, 2007

 

[ii] Richard Tanter, “Japan’s Indian Ocean Naval Deployment: Blue Water Militarization in a ‘Normal Country’,” ZNet, March 26, 2006

 

[iii] Essam al-Sudani, “Japanese Forces Begin Iraq Pullout,” Basra, Iraq (AFP), June 25, 2006

 

[iv] PACCOM Admiral Timothy J. Keating, Commander, Ministry of Defense, January 7, 2007, Global Security (http://www.globalsecurity.org/military/world/japan/jda.htm)

 

[v] Teri Weaver, “Tiny Base Assimilates Into Japanese Town – To Allay Locals’ Health Fears, Housing Built Close to Radar,” Stars and Stripes, and Noah Shachtman, “Blackwater: japan’s Missile Defense Force,” October 7, 2007

 

[vi] Unified Command Plan resources:

“The Development of Unified Command Structure for the U.S. Armed Forces, 1945-1950 http://www.shsu.edu/~his_ncp/UCS.html ,  excerpted from

Ronald H. Cole (“The History of Unified Command 1946-1993,” Washington, D.C.: Joint History Office of the Office of the Chairman of the Joint Chiefs of Staff, 1995, pp. 11-21)

 

U.S. Pacific Command (official website)

http://www.pacom.mil/staff/at/athome.shtml

 

Pacific Command (official website)

http://www.pacom.mil/about/aor.shtml