The road to Japanese Democracy collapses
The then Prime Minister of Japan and the then Minister of Defense, easily accepted the U.S.'s strong demand, ordered to dispatch and take the Air Self-Defense Force at that time in Iraq operation against the criminal law regarding the military operation of conveying the coalition armed military soldiers and equipment who were then to go and fight with Iraqi soldiers, whose action the Higher court judged just as a united togeter with the active battle.
The former Prime Minister Koizumi of Japan immediately declared himself for aproving of the U.S.'s attack to Iraq right through TV, althogh Japan is a country in favor of settling nations' matters peacefully and the Japanese Constitution renounces war, and more over at that time under the conditions that the U.N. rejected against the issu of appoving of attacking to Iraq right away and that the U.N. will continue to handle on the issue of Iraq.
Later, after the war it became clear that there was no evidence of Iraqi having the mass destruction weapons and also that the informations based on which the attack was right, which was offered by the coalition countries, was just fabrication.
The U.S. pressured Japan very strongly to send the Japanese army to Iraq in this war.
So, after Bush's declaration of end of fight, the political party of L.D.P in power schemed to make a special law for dispatching the Japanese Self-Defense Forces to Iraq, and to achieve the aim by strictly ristricting the law that provides the Self-Defense Forces operate only humanity support and logistics support within non-battle zone, and there was no provision in the law for admitting Japanese Self-Defense soldiers to enter active battle-zone and to support battle itself or to convey active battle equipment and soldiers of real fighting to go now to the active battle areas.
Japan made a special mesures law valid for limited peoriod, commonly called "Iraq special mesures law", and the law fixed that the Japanese Self-Defense Forces were allowed to operate strictly only in the non-battle zone where fighting ceased and prohibited any military support can be judged as a whole fightting together with the armed multinational military soldiers within battle-zone in Iraq.
The Japanese government forced to send the Ground-Self-Defense Force (Dec.2003-July 2006) and the Air-Self-Defense Forse (Dec., 2003-Dec., 2008 & evacuating task till FEB., 2009 by a government source). But practically, the Air-Self-Defense Forse took a conveying operation of active-battling coalition soldiers and war-related equiptmens at battle-zone in Iraq, not in Japan.
Japanese government tried to conceil this fact of what the Air-Self-Defense Forse was actually transporting on the mission from Japanese nationals.
The appellant appeal in a civil lawcoat for suspension of dispatch of the Self-Defense Forces in Iraq and for others
A groupe of civilians filed in a civil lawcoat for suspension of dispatch of the Self-Defense Forces in Iraq including other issue also. The lower court dissmised all issues. A groupe of people against this dicision and appealed to higher court, but the judgement of Nagoya Higher Court was made on 2nd of May, 2008 and the suit was also agaist appellant as the lower court did.
The court rejected the suit issue agaist the appellant appealing for the infringement for the right to a peaceful existence of them and the suit issue against the appellant appealing for suspension of the dispatch of the Self-Defense Force to Iraq and the suit issue against the claiming for reparation by the state because of being suffed from the infringement for the right to a peaceful existence which the Constitution secures and guarantees.
But most important thing was that the Higher Court admitted the truth that:
(The judicial judgement of the Higher Court)
Such air transportating activities in Baghdad as the Air-Self-Defense Force of Japan were considered to take the unified action with the armed multinational soldiers who were fighting at battle-zone of Baghdad in Iraq.
And The Higher Court judged that the Air-Self-Defense Force of Japan violated the Iraq special mesures law Article 2 Clause 2 and Article 2 Clause 3 and also violated the Constitution of Japan Article 9 Clause 1.
Because it is not approved, or rather it is prohibited that the Japanese Self-Defense Forces give any military support relating with actual fighting person or soldiers to go killing enemy or actual fighting arms and ammunition in regard within the combat-zone, where fighting battle was ongoing far away from Japan, it might be called as a crime. However, the suit was a civil suit and not a criminal suit.
We must face this fact and we must deal with it according to the law and never forgive the suspects pretending inocent.
The Japanese nationals seemed rather unconcerned with politics, so news media didn't seem cover what the meaning of this truth connoted at that time.
Killing Iraqi soldiers is not crime to the U.S.-led coalition soldiers but to the Japanese this Iraqi war is not Japanese war, and to the Japanese killing people is a crime, it means murder case and giving hand to coalition soldiers at war-zone is also a crime of kind of murder assistance case to the Japanese. We fix already that even when Japanese people commit a crime in foreign countries, we are supposed to apply the Japanese Criminal law on such case.
Japan is not allowed to act the collevtive self-defense forces against the Constitution, such as giving hand to coalition soldiers who are fighting at the battle-area outside of Japanese territory.
That is, this action of Air-Self-Defense Force and the command of Japanese government to Self-Defense Force to operate it at that time too much to say just committing a crime from our point of view, acording to the Japanese Constitution and Japanese criminal law. This issue should have be handled by Japanese prosecutors, but they neglected their official duties, or rather the police and prosecutor was controled by this criminal Government.
Japanese government, the then Prime Minister of Japan and the then Minister of Defense and then commander of military and then soldiers, and then government official, Japanese Air-Self-Difence Forces were dispatched to Iraq (from Dec.,2003 till Dec.,2008 & evacuating task till Feb.,2009 by a government source, however, secret information never disclosed), were also the suspect of murder aiding and abetting murder aiding. So their crime ought to be punishable by imprisonment.
The Japanese prosecution neglects its duties. Now Japanese Prime Minister, Defense Minister, Foreign Minister and prosecutors abuse their authorities in Japan.
Today Japanese government seems to controles the judiciary and mass media.
Today Japan seems to become the country that Cabinet of the suspects of L.D.P. Ministers grasp political dicision as they like with supported by the majority L.D.P. and they plot to make and change Japan to be able to take military action outside Japan in the open sea and on the forein lands as a coalition country of the U.S. without any amending the Constitution, as the U.S. wants to fight against supposed her enemy.
We demand to prosecute the suspect and put on trial and punish the supposed criminals : the soldiers of the Air Self-Defense Force dispatched in Iraq, the former Prime Minister Koizumi, the former Prime Minister Abe (2014 present Prime Minister), the former Prime Minister Aso, the former Prime Minister Fukuda, the former Director General of the Defense Agency Ishiba,the former Director General of the Defense Agency Ohno,the former Director General of the Defense Agency Nukaga, the former Minister of Defense Kyuma, the former Minister of Defense Kohmura, the former Minister of Defense Ishiba, the former Minister of Defense Hayashi, the former Minister of Defense Hamada, and all the other persons concerned.
The Act on the Protection of Specially Designated Secrets will be enforced soon.
Japanese government will enforce "the Act on the Protection of Specially Designated Secrets" within a year from Dec. 13 2013.
When the period of the specially-designated-secret information maintains secret ends, the Cabinet Agency itself judges whether the information shall be opened or be remained secret in extending duration, and supposing the Cabinet Agency wants to put it secret indefinitely, it will remain secret forever.
The Cabinet Agency itself has the right to erase or to discard it even the case that the fixed security duration doesn't expire that the act writes.
It is commonly said that this act restricts severly those who handle special secret information not to lealk it, such as the government officers, the Imperial Household Agency's workers, persons who hold the information of national security, the private enterprise's workers who engage in relating to military product or technology. But the act reads that it is a punishable offense of not only who leaks designated special secret information but also who gets it from leaked person or by means of other ways.
Japanese citizens conceive that this system may infringe the peopl's right to know and that people might offence the act because no one knows what actual secret is. Because what information government designates secret specially is secret.
Japanese citizens sure that the government's blamable mistake or government's crime must be conceiled.
In July 2014 the Prime Minister Abe and the Cabinet of Japan decided among the Cabinet members that Japan could take an military action of the collevtive self-defense forces as a policy of the Cabinet by means of the stretchs the interpretation of this Constitutional paragraph, however, against the present Constitution, without a reform of the Constitution, and the Cabinet intended to break down the effectiveness of the Constitution, that means the Constitution of Japan is no good any longer.
The Prime Minister Abe established the advisory committee, which consists of almost all the members of pro for Japan's taking an military action of the collective self-defense forces, for intending to take it as a policy of the Cabinet by means of the stretchs the interpretation of this Constitutional paragraph. Many scholars in the field of constitution and law judge this interpretation and the procedure itself unconstitutional, but July 1, 2014 Abe Cabinet approved among the Cabinet members that Japan had the right of action of the collevtive self-defense forces in taking this suggesting report from the committee. While many Japanese think it unconstitutional, because basically the content of the Constitution is that Japan will never be maintained land, sea, and air forces, as well as other war potential and that the right of belligerency of the state will not be recognized, and even people approve of the government's explanation in Self-Defence-Forces' existance
and of using forces only for self-defence, but never approve of the militaly fiting action of the collective self-defense forces outside our territories.
After World War II, the Korean was separated under the reign of the U.S. and U.S.S.R.. In 1950 the war between the north and the south of Korea broke out. At that time G.H.Q insisted upon Japan amending the Constitution and forming military, however, Japan couldn't have any military forces because we chose the way of not to amend the Constitution. So Japan decided to form a police party insted of forces in 1950. After four years, Japan changed the police party into military forces without amending the Constitution and have grown its scale bigger and more equipments and weapons since then, as the U.S. has strongly pressed annually such a political demands as Japanese buying expensive U.S.'s military equipment and also cooperating with U.S. policy upon Japan.
The Japanese government made a excuse for us Japanese that Japan doesn't have a military, only has the Self-Defence-Forces, and the Self-Defence-Forces are different from a military, the government said that the activities are limited only inside Japan, Japan desn't have enough ballistic missiles or aircraft carrier to attack, and this means just a minimum power only for protecting from a attack. Japanese national is to taken in the government story easily and many wouldn't say to the government that it is wrong. But I don't approve it, and I insist that the Self-Defence-Forces is unconstitutional.
That is the reason why Japan has unconstitutional Forces now. In this way I think Japan will take a military action joining in U.S.-led coalition forces soon and easily, just as the U.S.-attack on Iraq.
In the present government-diet system it might occur easily that Japan will fight with the seemed enemy of the U.S. for the sake of the U.S. or the coalition party outside Japan only by the government decision, though it's unconstitutional and also more than 60-70 per cent of the nationals opposing it. Because joint L.D. party and Komei party members consist more than half members in the Diet and they are pro-peace-seeking-by-force doctrine, with disregarding the justice of the Constitution.
In 2015 Abe Cabinet of Japan submited verious security bills to the Diet, which seemed unconstitutional, without a reform of the Constitution, and the Cabinet intended to break down the effectiveness of the Constitution, that means the Constitution of Japan is no good any longer.
In 2015, Abe Cabinet introduced series of bills what is generally called 'War Bills' to the lower and the upper Diet, although which was said acctually unconstitutional from the point of many jurists, layers, scholars, former judge of Supreme Court, and citizen who had read the Constitution already, the majority members of joint party of Liberal Democratic Party and Komei Party in the Diet enacted the Acts in dictatorial manner.
Minister of Defence of Abe Cabinet explained that if the U.S. was attacked, even if Japan was not attacked, and if the government of Japan decides what the U.S. been attacked was also cricis of theatening an existence of Japan, then Self-Defence Forces could take an fighting action to the attacker by using the right of collective self-defence force. He explained in such a crisis case Japan can possibly attack a supposed enemy of the U.S., not considering of the enemy who had no intention of attacking on Japan.
Minister of Defence of Abe Cabinet explained that a series of these Acts can make the Self-Defence Force transport any kind of U.S. munitions and equiptments including nuclear wepon, depleted uranium munitions, cluster munitions and any kind of munitions anywhere in the world with agreeing the U.S. request, although Japan latified the nuclear nonproliferation treaty and that Japan can also fuel to coalition countries' jet fighters or bomber aircrafts or battle ships of just leaving for attacking.
He explained it was possible Japanese such a military support, joint struggle for the U.S. everywhere.
I insist strongly that we Japanese have not changed yet of constitutional renunciation of war and constitutional forbidding of maintenance of the military power.
amendment of the Constitution of Japan
Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify.
Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.
(quoted from the web of the Cabinet of Japan)