Explain the Article 9 of Japanese Constitution & why is it very controversial.
Answers
Explanation:
Article 9 of the Japanese Constitution not only forbids the use of force as a means to settling international disputes but also forbids Japan from maintaining an army, navy or air force. ... Some Japanese people believe that Japan should be truly pacifist and claim that the JSDF is unconstitutional.
Answer:
Article 9 of the Japanese Constitution is a clause in the national Constitution of Japan outlawing war as a means to settle international disputes involving the state. The Constitution came into effect on May 3, 1947, following World War II. In its text, the state formally renounces the sovereign right of belligerency and aims at an international peace based on justice and order. The article also states that, to accomplish these aims, armed forces with war potential will not be maintained. The Constitution was imposed by the United States in the post-World War II period.
However, Japan maintains de facto armed forces, referred to as the Japan Self-Defense Forces.
In July 2014, instead of using Article 96 of the Japanese Constitution to amend the Constitution itself, the Japanese government approved a reinterpretation which gave more powers to the Japan Self-Defense Forces, allowing them to defend other allies in case of war being declared upon them, despite concerns and disapproval from China, South Korea and North Korea, whereas the United States supported the move. This change is considered illegitimate by some Japanese political parties and citizens, since the Prime Minister circumvented Japan's constitutional amendment procedure. In September 2015, the Japanese National Diet made the reinterpretation official by enacting a series of laws allowing the Japan Self-Defense Forces to provide material support to allies engaged in combat internationally. The stated justification was that failing to defend or support an ally would weaken alliances and endanger Japan.
The full text of the article in Japanese:
日本国憲法第九条 第1項 日本国民は、正義と秩序を基調とする国際平和を誠実に希求し、国権の発動たる戦争と、武力による威嚇又は武力の行使は、国際紛争を解決する手段としては、永久にこれを放棄する。
第2項 前項の目的を達するため、陸海空軍その他の戦力は、これを保持しない。国の交戦権は、これを認めない。
The official English translation of the article is:
ARTICLE 9. (1) 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.
(2) 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.
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