Ten Years of New Security Legislation

Ten years have passed since a set of new security laws were enacted in September 2015. It was epoch-making for Japan’s security policies to pave the way to exercising the right of collective self-defense, which had long been interpreted as unconstitutional. Japan has been enhancing defense cooperation with allied or like-minded countries based on reinterpretation of the Constitution of Japan. However, it is unclear whether Japan could build up its deterrence against possible threats around itself.

 

The revision of security legislature was conducted under the leadership of former prime minister Shinzo Abe, who upheld amendment of the Constitution of Japan as one of the top agenda. The Abe Cabinet approved reinterpretation of the Constitution, which enabled the government exercising collective self-defense right by mobilizing the self-defense force without any direct attack on Japan.

 

Before revision of security laws in 2015, Japan could use of force only when it is attacked by a foreign country, a circumstance which was called “armed attack situation.” Abe administration created another concept called “survival threatening situation” in which Japan’s survival and right of its nationals would fundamentally be overturned by armed attack on a country that has close relationship with Japan.

 

The administration enabled Japan Self-defense Force (JSDF) to attack the enemy of a country with close relationship with Japan, even if Japan is not attacked. This brought a large controversy, because the law allows JSDF exercising collective self-defense right, which had strictly been prohibited under the constitution in post-war Japan. Japan has yet declared survival threatening situation in these ten years.

 

Abe administration also introduced a new concept called “important influence situation”, in which the situation will be escalated to direct attack on Japan, if it is left untouched. JSDF can make logistic support for a foreign country, mainly supposed to be the United States. Although Japan has not experienced this situation, the framework was added to the security legislature to enhance security cooperation with countries with close relationship.

 

Cooperation in the peacetime means much for Japan. Japan has been accumulated exercises of protection for foreign military equipment in last decade. By adding provisions of that in JSDF Act, Japan has participated in military exercises with other countries. Protections of military equipment amounted to 150 times since Japan made it for the first time in 2017.

 

Possible contingency the legislature assumes is China’s invasion to Taiwan. Japan is expected to recognize it as an important influence situation. How much Japan build up its legal requirement for security cooperation with like-minded countries, however, it is unclear whether it works as a deterrence. The U.S. Donald Trump administration looks taking distance from possible contingency in Asia-Pacific region, even how Japan empowers security legislation. Maintenance of survival might be a matter of individual, not collective, self-defense of each country.

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