January 8, 2009
The ruling Liberal Democratic and Komei parties on January 7 agreed to discuss submitting a bill in the current Diet session to send the Maritime Self-Defense Force to waters off Somalia, ostensibly on an anti-piracy mission.
The attempt to send MSDF troops on a Somalia mission by establishing a new law is apparently in line with the government insistence on setting another precedent for overseas deployment of the SDF as it did on a maritime mission in the Indian Ocean under an anti-terrorism special measures law, even though overseas dispatches of the SDF are unconstitutional.
This is apparently prompted by Japan’s position of conforming to the U.S. “war on terror” in Afghanistan and by its rivalry with China that has sent its warships to waters off Somalia.
However, the move promoted by the ruling coalition involves many unanswered questions. As a stopgap before a new law is enacted, the government intends to use the MSDF maritime patrol by invoking Article 82 of the SDF Law. The two previous cases of the maritime patrol took place in the Sea of Japan since the SDF Law does not assume operations in distant waters.
The MSDF is not authorized to exercise police power and therefore cannot confront acts of piracy. MSDF maritime patrol is limited to Japanese vessels and vessels carrying Japanese nationals. Thus, MSDF vessels cannot respond to piracy attacks on any foreign vessels. The cause of “international cooperation” is not applicable.
The move to enact a new law is aimed at removing these restraints under the present law. However, the fundamental question remains whether it is appropriate to use military force to cope with piracy.
Civil war has been continuing in Somalia for almost 20 years since the downfall of the Siad Barre regime in 1991. It is said that coastal fishermen, who lost their livelihoods when the state and the national economy went under, have turned to piracy.
It is possible for Japan to contribute to resolving the piracy issue by supporting the neighboring countries. To exclusively insist on sending the SDF, without international cooperation to deal with the confusion in Somalia, cannot be true international contribution to peace.
The attempt to send MSDF troops on a Somalia mission by establishing a new law is apparently in line with the government insistence on setting another precedent for overseas deployment of the SDF as it did on a maritime mission in the Indian Ocean under an anti-terrorism special measures law, even though overseas dispatches of the SDF are unconstitutional.
This is apparently prompted by Japan’s position of conforming to the U.S. “war on terror” in Afghanistan and by its rivalry with China that has sent its warships to waters off Somalia.
However, the move promoted by the ruling coalition involves many unanswered questions. As a stopgap before a new law is enacted, the government intends to use the MSDF maritime patrol by invoking Article 82 of the SDF Law. The two previous cases of the maritime patrol took place in the Sea of Japan since the SDF Law does not assume operations in distant waters.
The MSDF is not authorized to exercise police power and therefore cannot confront acts of piracy. MSDF maritime patrol is limited to Japanese vessels and vessels carrying Japanese nationals. Thus, MSDF vessels cannot respond to piracy attacks on any foreign vessels. The cause of “international cooperation” is not applicable.
The move to enact a new law is aimed at removing these restraints under the present law. However, the fundamental question remains whether it is appropriate to use military force to cope with piracy.
Civil war has been continuing in Somalia for almost 20 years since the downfall of the Siad Barre regime in 1991. It is said that coastal fishermen, who lost their livelihoods when the state and the national economy went under, have turned to piracy.
It is possible for Japan to contribute to resolving the piracy issue by supporting the neighboring countries. To exclusively insist on sending the SDF, without international cooperation to deal with the confusion in Somalia, cannot be true international contribution to peace.
