MSDF can only protect Japanese ships and ships carrying Japanese-owned cargo

somali-pirates

As the navies of other nations take action against Somali pirates, Japanese lawmakers are still debating the limitations that will be placed on any MSDF ships sent to aid in the anti-piracy mission:

The inability to protect non-Japanese ships from pirate threats under the existing rules has been a sore point for the Japanese government as it considers ways to contribute to international efforts at combating pirates in the region.

The maritime policing provision in the Self-Defense Forces Law stipulates that the SDF can be authorized to take necessary measures to protect lives and assets at sea, which is generally taken to mean those of Japanese.

In line with this, the government has so far said the MSDF, when providing maritime policing, can protect only Japanese-registered ships and others operated by Japanese firms as well as ships with Japanese people aboard.

According to the lawmakers, who were briefed at a meeting of the ruling bloc’s antipiracy project team on Tuesday, government officials told them that it is possible for the MSDF to provide protection to non-Japanese ships as long as they are loaded with Japanese cargo because such cargo can be interpreted to be Japanese assets.

Maybe it would be possible for MSDF helicopters to drop boxes of Japanese cargo onto the decks of ships in distress to provide a legal basis for saving those ships from pirates?

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14 comments - What do you think? Posted by James - January 13, 2009 at 10:08 pm

Categories: Politics Tags:

http://www.zdwonline.de Haf

If I remember correlty, the German marine has similar limitations in that mission against Somali pirates.
ダビ

For f*cks sake, just rewrite the constitution already…
BigD

I heard the JMSDF are one of the greatest Naval Forces in the world, but to be restricted like this due to their constitution…

If only they could revise it a little, the JMSDF, along with the JGSDF and JASDF, could show just how strong they are… but then that would bring alot of tension among the east asian nations, wouldn’t it? But the US does seem to support this…

http://www.hormel.com VonSkippy

What comic book did you read that in?

You do realize you’re talking about a Navy that doesn’t have enough gas to run simple practice maneuvers. Or allow their officers to “yell” at the underlings because it might “stress” them out.

helical

If you just look at the numbers it is indeed one of the greatest (spenders). Their budget is huge and they have the latest and greatest equipment up the ying yang.
The logic that great money = great navy is, of course, all on the assumption that they are like any other military force and do everything reasonable in their power (and budget) to make themselves a formidable group.

I still think “Salarymen with guns” is a great descriptor of the modern JSDF.
LB

And the Navy that has one of the most respected submarine forces in the world, able to even get one of their diesel-electric subs within “kill” range of a US CVN during exercises. And not once, but repeatedly. Even when the exercise called for sub activity, and the CVN was on the lookout. Japan’s surface fleet is probably the most capable in the region (after the US’s), even if the ROK’s and China’s are numerically larger.

Anti-Terror Performance

So the entire world Navy goes to SOmalia to stop the pirates when it would be cheaper to just pay the pirates off. This is not about the pirates but it has a broader agenda. You have the Chinese Navy, Russian, American, German, English, French, Australian etc and peeople think this is still about the pirates. This is about UFOs and aliens.
Roger

There is a very mysterious island in the Gulf of Aden on google earth. Go to １２ degrees North and 52 degrees.The island has an abandoned town, roads that seem to lead to underground bases and giant mysterious buildings. Some say this is an underground alien base and that is what this is about. This is not about the pirates! Wake up and smell the coffee.
pwnstar

Good for the Somalians
When the world gives up on you you shake up the world
LB

And of course you are more of a constitutional law expert than the entire Japanese Diet….

Sheesh.
LB

And you must, of course, know that the Law of the Sea allows countries to take actions against pirates but does not mandate they must, and that signatory nations are free to enact their own laws with regards to what their military or coast guard can and cannot do. As long as those national laws are within the limits set by international treaty or law they are valid.

In other words, the LOS sets a line of what Japan can, not must, but can do, and be within the law.

Japanese law sets a lower line as to what the SDF can do.

Japanese law is not in contravention of the LOS, so there is no LOS-related issue or problem. If the LOS said signatory states must confront pirates, that they were legally obligatedto do so, then maybe, just maybe, your comments would have some relevance.

I trust this is clear enough for you.
http://www.transpacificradio.com/ Garrett

“Wish” trivializes the issue a bit. This is an issue of Japanese law, specifically the interpretation of Article 9. Now, I would agree that interpretation of Article 9 has been inconsistent and, at times, illogical. That said, for the MSDF to engage Somali pirates with force, especially the use of offensive force, and even more so when Japanese interests are not being defended, would be a huge step away from current interpretations of Article 9 and a clear case of collective defense, which is not legal under the current interpretations of the law.

Japan could change that, but keep in mind that that means Japan as a whole, not just the MSDF, the Defense Ministry, or even the Cabinet. At a minimum, the Diet would have to agree to pass a law authorizing the action. For that law to broad and open-ended, a constitutional amendment might be necessary, which would require not only a supermajority within the Diet, but passage by national referendum as well. All of that is unlikely, to say the least.
LB

“why maintain an “armed” force?”

Um, “self-defense”? Switzerland has armed forces as well, but they don’t leave the country. Same for Sweden. And Austria. And other countries. The rationale is perfectly clear and simple. So simple even a caveman could follow it…
The Overthinker

“Sounds like cherry picking to me…”

It’s called “politics.” Which means it doesn’t have to look rational.

MSDF can only protect Japanese ships and ships carrying Japanese-owned cargo

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