A British Perspective on the War and Military Forces Clause of the Japanese Constitution

Abstract

From the British perspective, a broad interpretation of Article 9 allowing Japan to act in unilateral and collective self-defence in response to actual and imminent attacks is desirable. Given the written nature of the Japanese Constitution, the best way to entrench such an interpretation would be through constitutional amendment. Prime Minister Abe’s vision of Japan taking a more proactive role in international and regional security issues is aligned with UK interests. Yet it cannot be overlooked that Article 9, even though it was imposed by the US, has become an integral part of Japanese perspectives on their contemporary national identity. The crisis over Syria has triggered a re-examination of both the UK’s and Japan’s values. The key question is whether Japan’s proactive role in international security can embrace security concerns beyond its own country and people.

Keywords: Japanese Constitution; Article 9; Military Forces Clause; Security Council; Peacekeeping; Written v. Unwritten Constitution