Japan Increases the Authority of Prime Minister on Military under Terrorism

The Yomiuri paper reported on 1st that Japanese government seeks to legislate `Security Law (tentative name)`, which broadens the authority of the Prime Minister to curb civil rights to respond to a military attack on Japan, a large-scale terrorist attack or a natural disaster.

The `Security Law` aims at complementing the Constitution, which has no provisions on emergencies, and enabling a prompt and effective response to emergency situations by the Self-Defense Forces. Prime Minister Koizumi Junichiro is expected to announce the intention to enact the law in his policy speech at the plenary session on 21st.

This law is designed as `wartime emergency law` which assumes even large-scale terrorism and natural disaster, including the `emergency law` whose legislation has been considered against direct military attack on Japan. The legislation of the new law, which enlarges the emergency law, was influenced by the U.S. 9.11 terror and the invasion of the unidentified boat.

The new law is likely to be enacted within this year, because Koizumi has ordered the Liberal Democratic Party to legislate this law, and allied ruling Komeito and Conservative Parties are not against the law.

The Japanese government plans to incorporate specific provisions on △enabling the Prime Minister to declare the state of emergency and move Self-Defense Forces without the call of the Cabinet △ restriction of individual rights, guidelines on evacuation, compensation for damage to private assets, and the treatment of prisoners.

Current SDF law allows Prime Minister to mobilize the SDF for the defense of nation and public peace and coastal patrol under the approval of National Assembly or the call of the Defense Minister or prefecture governor.

The new law includes the regulations to offer U.S. Forces, which would operate jointly with the SDF based on the Japan-U.S. security treaty, with the same authority and conveniences as SDF.

In addition to the bill, the Japanese government is considering to legislate the `border guarding law` which eases the SDF to take action against the invasions of boats or planes of unknown nationality into territorial waters or sky, and `Anti-fund cleaning law` which freezes the fund for terrorism. Japan had completed the examination on the `emergency law` early 80s, but wasn`t able to enact it due to the protest of opposition parties asserting it as a `wartime mobilization law`.

ksshim@donga.com