Japan's inspection of North Korea's cargo vessels can be done under present laws; no new law is needed

Japan Press Weekly

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Japan's inspection of North Korea's cargo vessels can be done under present laws; no new law is needed
Akahata editorial

The Japanese government on July 7 approved the draft special measures law to authorize the Japan Coast Guard to act as the mainstay in inspections of cargo of ships navigating to or from North Korea and permit the Self-Defense Forces to play an auxiliary role in such inspections. The bill has been introduced to the Diet for consideration.

The government insists that the bill is in conformity with U.N. Security Council Resolution 1874, which calls for "Inspection of Cargo, Vessels" related to North Korea. However, the resolution urges all "Member States to facilitate a peaceful and comprehensive solution through dialogue" and "(E)xpresses its commitment to a peaceful, diplomatic and political solution to the situation."

The Security Council provides no rationale that justifies the use of the SDF. Japan can respond to the UNSC decision only by carrying out cargo inspection at ports, airports, and in Japanese territorial waters using the existing laws.

U.N. Security Council Resolution 1874 that condemned "in strongest terms" North Korea's nuclear test last May represented the unanimous decision of the international community.

Stipulating that measures against North Korea should be taken under Article 41 of the UN Charter, Resolution 1874 expresses "its commitment to a peaceful, diplomatic and political solution to the situation," and to "refrain from any actions that might aggravate tensions."

The Japanese government is called upon to sincerely accept the core part of Resolution 1874, which calls for refraining from military actions.

The new special measures law maintains that the SDF will be authorized to take action required in response to particular situations, while requiring the Japan Coast Guard (JCG) to carry out cargo inspection on the high seas.

If Japan takes military actions as part of cargo inspections under the simple pretext that North Korean action amounts to a military action, it will only help increase military tension in this region.

Also, military actions are denied by Resolution 1874 even "if the flag State does not consent to inspection on the high seas."

Apparently, Japan must make every effort so that cargo inspections will be carried out under the existing laws. The Japan Cost Guard is prepared to carry out, on board ships concerned, inspections within territorial waters and ports in Japan. Customs houses will be in charge of inspections on shore.

Cooperation by the international community are essential to stop North Korea's nuclear development. The Japanese government is called upon to increase its diplomatic activities for successful inspections.

Why does the government insist on enacting a new law instead of implementing Resolution 1874 under existing domestic laws? It is because it has a grand desire to make overseas dispatch of the SDF an ordinary matter of course. Democratic Party representative Hatoyama Yukio, who expressed his basic support for the legislation, is in line with the government position.

Let's increase efforts to halt the special measures bill. This is very important in the cause of safeguarding Article 9 of the war-renouncing Constitution and blocking the enactment of a perpetual law to send SDF units overseas.

- Akahata, July 9, 2009