The Relevance of Article 9 of the Constitution of Japan in a World At War Threatened Once Again With Nuclear Attack - By Niloufer Bhagwat PDF Print E-mail
Niloufer Bhagwat, Advocate, India   
Friday, 15 August 2008 12:12

(This article   is a tribute to the   academics , jurists  , intellectuals and working people of Japan who contributed significantly to an analysis of the forces presently  ranged against humanity in Afghanistan and Iraq  and to the investigation of the nature of the weapon systems being used in the region of West Asia and Central Asia , the most destructive in world history )
    

 

Even as the world is threatened with another nuclear attack by the US administration   in the first decade of the 21st Century , in a futile bid by the US led alliance to avoid and divert from impending  financial collapse , to the consternation  of the majority of its citizens,  successive governments of Japan  under pressure from  powerful financial and corporate  interests in the United States with interlocking interests in Japan , have  forged  from 1995  even  closer co-operation with the United States and agreed to revised guidelines to the US-Japan Security Treaty  for its alliance " facilitating  closer wartime coordination between the Japanese and US militaries including use by the United States of Japanese territory in case of war with a third country ". Japan is  also a  collaborator with  the United States in developing missile defence  technologies  with a five year plan for joint production  and a contribution of $ 10 billion*1   sustaining the US military industrial complex  and the arms race in North East Asia including in space in which China and South Korea are also participants . Japan  has provided refueling  facilities for US aircraft , logistic and other technical  facilities from US bases in Japan  and from its ships  for  the military invasion and continued occupation of  Afghanistan and Iraq , though the small contingent of troops in Iraq was withdrawn a year ago . Japan has recently  entered into a  Security pact  with the government of   Australia , seen as  a  military predatory force   by the people of South East Asia and the Pacific ,  evidenced by the stationing of Australian troops in  the Pacific islands   and in East Timor , for  the seizure of  hydrocarbon  among other resources of the region .In this context it would appear ,that the policy makers in Japan  looking at history through the fog and mist of memory, have forgotten that war brought destruction to Japan whereas peace brought unusual prosperity  .

 

Simultaneously with  these  developments , there has been a concerted move from political and militarist  lobbies  in  more than one political party , to  reassess the utility of Article 9 of the Constitution of Japan , which commits Japan to renounce war  as a means of settling disputes ,   by  mandate of  the fundamental law governing the structure and organization of the State of Japan  in the post second world war period, prohibiting  in substance and spirit  'militarization' or  a state 'armed to the teeth',  and the pursuit of war as state  policy , which the people of Japan , emerging from the ashes of the fire bombing of its cities and the US  nuclear attacks on Hiroshima and Nagasaki , having witnessed the devastation of  their  own country and  far  greater destruction of large parts of Japan 's neighbourhood of  Asia , with millions killed  as  the direct  consequence of intense rivalry for colonies between  the colonial   powers of the  USA-UK-France  and Japan  , vowed never to repeat .It would almost appear as though the government of  Japan is buying its peace against those powers who would stop at nothing to devour targeted regions and hiring those forces for self-protection , apprehensive of newly emerging forces in its region.
       

 

Article 9  does not stand in isolation within the constitutional framework of Japan 's post war constitution and  is a logical extension of the  Preamble, * 2 which declares its determination to preserve security and co-existence , trusting in  the  justice and faith of the peace loving peoples of the  world , as a consequence any proposal for amendment is  relevant not only for the people of Japan  but a matter of concern for the people of Asia  ,even  as desperate US led finance and  corporate policy perceiving  the US  military 's  inability to control  vital regions of  the world's hydrocarbon resources, to pacify  the  resistance of  Iraq  and  Afghanistan , to subdue Iran, to encircle the USSR ,  or to  make China as  pliant as before to its financial ,geopolitical and military objectives , is threatening to  resort to nuclear attack  pursuant to nuclear doctrines already in place for US forces.
        

 

The contradiction in the situation is that  despite the incorporation of Japan into the US alliance system in the post war period, the  Japan -US relationship has not been  free from stress and tension . Succeeding  governments in Japan due to an inflexible policy of over dependence on US markets by Japanese corporations  for exports , have  played along with US requests alternating with coercion , carrying forward the trauma of the nuclear attack , based on  their  understanding that the Anglo-American axis has never allowed any society to rise to its  full potential,  economic  and political. The irony of the US administration now urging  the abandonment  by the government of Japan of  Article 9 and the commitment to pacifism , is not lost on the people of Japan who were the real victims of the  US atomic attacks intended to send signals to the rest of the world , even as their government had initiated moves for surrender, having lost the war . The singling out of Japan was deliberate and racist,  which the governments of  Japan have  glossed over , despite the arm twisting by this adversary cum ally  even  after Japan emerged in the post war world as the new economic powerhouse loyally  supporting  the "Reagon era budget deficits  and spending excesses… Tokyo's loyalty and purchase of  U.S treasury debt, real estate and  other assets were rewarded  at the beginning of the  1990's  by one of the most devastating  financial debacles of world history..to undercut Japanese economic influence in the world"*2 Japan was pressured as much as China is to-day to revalue the Yen . The  direct consequence  was  a colossal inflating stock market  bubble resulting from low interest rates  and an inflated financial system , with  a decade and more of recession. Economist  Lawerence Summers , later Treasury Secretary in the Clinton administration  summed up the ambiguity of the US -Japan relationship  in the eighties stating that  -

 

" An Asian  economic bloc with Japan at its apex is in the making …..raising the possibility that the majority of American people who now feel that Japan is a greater threat to the U.S than the Soviet Union are right " .*4
    

 

The economic destruction of the former USSR after the Reagon - Gorbachev and the Margaret Thatcher -Gorbachev negotiations at the end of the so called cold war,  is an example to the friends and foes of the US and UK , including India and China ; the latter  was raised to most favoured nation status as a quid pro quo for acceptance of the geopolitical objectives of the US corporations , now targeted,  even as it seeks to protect its economic interests in view of the rapid decline in the dollar and rising energy prices .Establishing that not even an  alliance partner is safe. It is time to recall that the Anglo-American alliance hoped  at the outset of the Second World War that  Japan and Germany would destroy themselves and the USSR.

 

The fact that  most of the  candidates , Republican and Democrats , contesting the primaries , the prelude to elections of the  US President ,in an open   televised debate , did   not rule out the use of nuclear weapons by the US military , should alert  the people of Japan already suspicious of the moves of their governments in respect of Article 9 , as to which path they are now  being led up to , despite the importance of this article reflected in the   first clause of the ten principles for a ' Just Peace ' adopted by the  Hague Appeal for Peace  of  15th May  1999 calling  upon  nation states to incorporate in their Constitutions    the following words;

 

" Every Parliament  should adopt a resolution prohibiting their government from going to war ." *5
          

 

Undoubtedly for over sixty years  since the Second World War,  the leaders of Japan have avoided the status of a belligerent power at war . However the   vacillations  and  ambiguity of  Japan 's position in extending technical   and logistic facilities for  the  wars in Afghanistan and Iraq , including the funding of the earlier Gulf War along with Europe , Saudi Arabia and the UAE , leaves the government of Japan open to complicity in  War Crimes, in conformity  with  the   verdict of the  of the International War Crimes Tribunal, pronounced in  May 1967, ( widely known as the  Bertrand Russell War Crimes Tribunal ) in which there was participation from many countries including Japan  , which on the issue of the  complicity of Japan in US War Crimes  held  by a  majority verdict of 8 to 3 that :-
   

 

" The US forces have a right to use all the territories from the military bases of the  US Army , Navy and Airforce located in Okinawa. By making use of  Japan's highly developed technology and abundant supply of materials for the repair of U.S warships , commercial vessels  and aircraft   as well as procurement of all the equipment,  the U.S government put  Japan in complicity  an  important element which constitutes the U.S. strategy in the Vietnam War."
     

 

The International Criminal Tribunal for Iraq held at Tokyo (2005) , a civil society initiative of Japanese jurists  has also held by its  verdict , that  the government of Japan  was complicit in war crimes   in Iraq for contributing a contingent of troops and logistic facilities, pronouncing the US - Japan Security Treaty and the  US bases in Japan  as a violation of article 9 of  the Constitution of Japan .* 6     
   

 

Despite the passage of time and the insistence from leaders in Japan that the past is now the distant past . The present debate on Article 9 will be incomplete without a reference to that  historical past, as Article 9 constituted  a solemn assurance  given  collectively by the people of Japan  to its  neighbours in Asia  and other countries, that the past would not be repeated.
            

 

It is  now  over a  hundred years  when  a Japan rapidly  modernized by the Meiji period to prevent Japan being colonised , *7 electrified  Asia with a victory over Tsarist Russia,  spurring  Asian nationalism , as several countries of Asia under the occupation of European powers, hailed the emergence of an Asian country , as did the  foremost Indian and Russian revolutionaries from different political  perspectives , necessary to recapitulate.
       

 

In a brilliant piece of  political writing titled ' The Fall of Port Arthur', relevant to the contemporary period which once again sees the emergence of new industrial powers in Asia and the decay of  US military and economic power and that of its alliance systems  , the  foremost Russian revolutionary   of the then Russian Social Democratic Labour Party Vladimir Ilyich Ulyanov ( Lenin )   described the reaction to the emergence of Japan  -
 

 

"……… the   European bourgeosie , which has taken no part in the war , feels humiliated and depressed . It has grown accustomed to identify  Russia 's moral strength with the military strength of the gendarme of Europe. This disaster implies a tremendous world wide capitalist development , a quickening of history 's pace . Advancing  progressive Asia  has dealt backward and reactionary  Europe an irreparable blow ……the military debacle which the autocracy has suffered from has deeper implications ; it signifies the collapse of our entire political system ." * 8

 

In the nineteen thirties, Jawaharlal Nehru one of the eminent  leaders of India 's freedom movement ,  later India 's first Prime Minister,  in  Glimpses of World History , vividly described  the emergence of Japan  in  1853 in the Meiji period , after 200 years of cutting herself off from the outside world - 'made up for lost time,  caught  up with the nations of Europe and beat them at their own game ……. The Western powers were by no means pleased at this rise of a powerful country in the Far East ."
       

 

Despite Nehru's admiration for the  technology and scientific skills acquired by Japan , the Imperial trajectory of Japan  the occupation of Korea , the  war forced on China , the annexation of Manchuria , Port Arthur , Formosa( now Taiwan )  and other islands  was highlighted  by  one of the most reflective writers on international issues  that India has produced , second to none in his commitment to peace , in the following words:-

 

" Japan not only followed Europe in industrial methods , but also in Imperialist aggression …"
 

 

Recording events taking place in 1938, Jawaharlal Nehru gives us a contemporary report  of what happened , relevant  to the people   of Japan caught up presently in the controversy on history books  :
   

 

" Japan 's aggression in Manchuria was continuous…In 1937 Japan launched a major offensive …..Japan met with fierce resistance  and tried to break it  by vast and horrible massacres  from the air  and other methods of unbelievable brutality. But in the fiery ordeal a new nation was forged in China ……. Great cities were reduced to ashes by  Japanese bombers and vast numbers of  people slain. The strain on Japan  was great and her financial and economic system showed signs of cracking up ………  Japan occupied  Shanghai and Nanking and when she approached Canton and Hankow, the Chinese themselves set on fire and destroyed their great cities ".* 9
 

 

The events of the Second World War are too well known to recount here with historical memories in China , Korea , South East Asia, the Pacific  and   Japan  as to what the  rival armies of  Japan , the United States , Britain and France  inflicted on the people of the region. Against this backdrop,  the inspiration for Article 9, the constitutional mandate against resort to war, was in its quintessence Japanese though incorporated in the post war constitution adopted  in occupied Japan  and came at a watershed in the modern history of Japan , even as the intellectuals and working people of Japan decided to make a  determined and reasoned break from the history of one century of war  and colonisation , recalling  the renunciation of war as policy, by the great Indian  Emperor Ashoka  who became a Buddhist after the bloodshed in the  Kalinga war which he won .This  policy  brought peace and prosperity to his realm.
        

 

A review of policy pronouncements by members of the US government in the last decade  indicates, that Article  9 has become an obstacle for US financial institutions and Corporations with interlocking  financial interests in  Japanese Corporations and financial institutions , desiring to incorporate Japan  along with  other  oligarchies , into its strategy for recolonisation of regions  , to postpone financial and economic collapse. This policy  commenced in the aftermath of   the  war in Vietnam , when a defeated  United States no longer  had the moral, political , economic or military strength to wage a war on its own resources.
         

 

Thereafter a  coalition of the willing , of NATO powers and of those governments closely bound to the interests of US Corporations , Banks and financial institutions was a  necessity , if Wall Street and  London City were to  perpetuate their  economic domination of the world  and to  protect the status of the dollar as a reserve currency . In the seventies an economic and strategic relationship was forged with China  , in addition to NATO ,  Canada  ,Australia and Japan .After the capitulation of the Communist Party of the Soviet Union  at the end of the eighties , acquiescence  of all permanent of the Security Council  and other governments such as Saudi Arabia , the UAE  and others  was forged for  the first Gulf War and the imposition of sanctions on Iraq  to starve the people of Iraq into submission, to surrender hydrocarbon resources . However with the economic decline of the USA , the emergence of China and  a change of guard in Russia which increasingly secured its interests in its  energy resources ,a considerably weakened coalition replaced the earlier coalition  for the invasion of Iraq in 2003 , opposed by Russia , China , France and Germany. The debacle in Iraq and the reverses in Afghanistan has heightened the desperation for a wider coalition apart from NATO, among other traditional allies , to be extended to the ruling classes of countries like India among others.
           

 

The move towards acceptance by the financial oligarchy of Japan of their need  to move away from a pacifist constitution , commenced actively  with  Prime Minister Koizumi and a few other leaders posturing with  highly publicised visits to  the Yasukuni temple enshrining   Japanese soldiers and generals , dedicated to those who died in the Second World War , in an  attempt to  evoke an  emotionally charged dialogue with the leaders of China also interested in keeping such issues alive as suitable diversions ;in addition there are  repeated orchestrated  accounts of  the alleged kidnappings of a few  citizens of Japan  by North Korea  .This was done despite the presence of a sizeable  community of people from Korea in Japan  and  the fact that except  miniscule right wing fascist groups, who from time to time stage high profile attacks and protests ,well funded by interested sections , the majority of  the citizens of Japan do not see  the Yasukini shrine as representing the past glory of Japan. The Yasukini shrine (visited solitarily  by me  on two to three visits  to make an assessment of its present role in Japanese society ) is largely deserted , except on special days of ceremony when there are more people . In Japan to-day war is seen as destructive and cruel and far from heroic. These moves were made by successive governments  to move away from constitutional principles ,to  legitimize  Japanese participation in   "UN Peace keeping Operations ' ,  provide  logistic facilities for the US occupation  in Iraq, position a  small military contingent  in Iraq  and  refuel  US aircraft from Japanese ships in  support for the invasion of Afghanistan .The more important changes were to establish a  ministry of defense  against the nomenclature of  'self -defense ' used in the post war period .
         

 

The drift towards the acceptance by the government of  Japan of the need to amend Article 9 came to a  climax , when a prominent Minister of Prime Minister Abe's government declared that the  " bombing of Hiroshima and Nagasaki  after all brought to an end the Second World War ', echoing  the propaganda from the United States  as a justification for rehabilitating in the minds of the American people the Nuclear Posture Review for nuclear attacks even on non nuclear states .  This  statement was subsequently retracted in the face of universal anger in Japan .( The proceedings of the Argonaut  Conference, December 1943 at Washington D.C.are relevant to determine the objectives of the nuclear attack on Japan ).

 

To-day what confronts  Japan is a complex global situation exacerbated by the financial collapse of the Anglo-American world, seeking to survive by the military capture of region after region , seeking to control  hydrocarbon and other  vital resources , with the adverse impact of  excruciatingly   high energy prices affecting even  Japan . On  the other hand is the enhanced rivalry for energy resources between the United States , UK and the NATO powers  threatening three  states of the  Shanghai Co-operation Organization,  Russia , the People's Republic of China and Iran ( an observer state seeking membership) among others , pursuing  independent energy policies . Japanese investments  and diversification on the  trade and energy fronts in  East Europe , Russia , Iran , West Asia and Central Asia among other regions  have  been  held up on account of  US pressures , not in the interest of the people of Japan and its economy .
        

 

Succeeding  governments of Japan,  representing the interests of  major Japanese  financial institutions and corporations ,  with financial and commercial  linkages to the  United States  , have over decades following the occupation of Japan by US forces , dovetailed its policies in several spheres with the United States, while attempting not to offend the interest of other States .The  impending financial collapse of the United States and UK compounds the dilemma of the government of Japan , even as independent projections and analysis confirm that the recession is not a temporary phase but a long drawn out period of economic decline. The prolonged Japanese recession was  itself an indication of the economic conundrum facing  Japan , which despite the back breaking labour of the Japanese people, the high level of their skills and advanced technology , their legendary frugality and savings rate ,  Japan has  had difficulties in overcoming.
 

 

Despite the determined efforts  to Americanise Japanese society ,the people of Japan remain overwhelmingly committed to Article 9 and the preservation of peace and tranquility and trade  on the basis of mutuality of interests . It is the intellectuals and the working people of Japan who have regained by example the esteem of the people of Asia,  even as they accepted with rare humility that they were responsible for  the sufferings of each of the countries colonized and occupied by Japan  and did not hesitate to express  this sentiment , apologising again and yet  again .Economic and technical co-operation in the nature of assistance programs for special projects could materially complement the expressions of regret .

 

To say that North East and South East Asia have forgotten the past , would be an oversimplification, painful memories remain and erupt from time to time .On the other hand the attacks on Japanese citizens and businesses in China cannot be  justified  with reference to events that took place more than  60 years ago. Tensions of a diplomatic nature have erupted with China related to claims  in  offshore  hydrocarbon resources , which both Japan and China  in the interests of  economic prosperity have wisely  kept contained .It is also necessary to state that no country in Asia has questioned the right of Japanese society to maintain defense forces in the interest of the self defense of Japan as distinguished from a  militarized state .

 

Any  government in Japan , which believes that the people of Japan will accept a status of military belligerence in the 21st Century for unjust wars  unrelated to  self -defense  ,even as a quid pro quo for a seat in the Security Council  which is no longer seen as protecting the security of nations, is miscalculating the fierce commitment to peace  of the people of Japan ,who have set their minds  against any kind of invasion and military occupation of other societies and against the use of Nuclear and  related  weapon systems such as Depleted Uranium weaponry. 
    

 

What presently  preoccupies the people of Japan is the stagnancy of  their economy ,the lost gains of social security , the thousands of annual suicides  related to unemployment, and consequently the heightened competitiveness in education and in the employment market, leading to gross  overwork, destructive of family life, with serious effects on the demography of Japan .Despite these adversities Japan remains a technologically advanced society, with sophisticated engineering skills ,a high standard of living, with the  rate of savings one of the highest in the world .
 

 

The political sky is overcast in Japan as well as all over the world. Whether the people of Japan  will  find the  political intensity  to retain Article  9 in spirit and substance  and  battle their own passive reactions to violations of their Constitution and transform the industrial and financial collective for the accumulation of private  capital by  transforming  the phenomenal energy of the people of Japan into  a new collective  and a new civilization  remains to be seen . Few  societies are in a position to accomplish this transformation as effortlessly as the working  people of Japan .
                     

 

Ms Niloufer Bhagwat
                       

Advocate , India
                               

16th April 2008

 

 

References :

 

1.    Asad -Ul Iqbal Latif , Between Rising Powers , China, Singapore and India , Institute of Southeast Asian Studies , Singapore, 2007.

 

2.     Professor Dr. Asaho  Mizushima , Judgement at the International Criminal Tribunal , At Tokyo , March 2004.

 

3.     William Engdahl , A Century of War, Anglo-American Oil Politics and the New World Order , Pluto Press ,2004 edition .

 

4.     William Engdahl , A Century of War, Anglo-American Oil Politics and the New World Order , Pluto Press, 2004 edition .

 

5.     Professor ( Dr) Asaho Mizushima,  Supplementary Opinion at the International Criminal Tribunal for Afghanistan , at Tokyo, March 2004.

 

6.    Judgement of the International Criminal Tribunal for Iraq , at Tokyo , 2005.

 

7.     Paul Kennedy , The Rise and Fall of the Great Powers, Fontana Press 1989.

 

8.     Vladimir Ilyich Lenin , ' The Fall of Port Arthur ' Collected Works , Vol. 8 , January -July  1905,  Foreign Language Publishing House  Moscow , 1962 .

 

9.    Jawaharlal Nehru , Glimpses of World History , Jawaharlal Nehru Memorial Fund ,1980 .



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Last Updated ( Wednesday, 20 August 2008 09:32 )