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VIETNAM LAWYERS ASSOCIATION THE XVII
th
IADL CONGRESS INTERNATIONAL ASSOCIATIONOF DEMOCRATICLAWYERS
Deployment of the Japan Self-Defense Forces to Somalia-Area Waters
 Takashi Tanaka, Lawyer (Tokyo)
1. Self-Defense Forces Deployment and the Anti-Piracy Bill(1) Deployment of Naval Escort Warships to Somalia-Area WatersOn March 14 Japan’s Marine Self-Defense Force sent two warships to counter the pirates active in Somalia-area waters. The two escort ships are destroyers withdisplacements of nearly 5,000 tons each, and they have armaments including rapid-fire guns and high-performance multiple-mount guns.This deployment is claimed to be in accordance with the “marine policing actions”specified in the Self-Defense Forces Act, but “marine policing actions” are meant todeal with smuggling ships and suspicious vessels in Japan-area waters, andtherefore using this as the reason for deployment all the way to Africa deviates fromnot only Article 9 of the Constitution, but also from the Self-Defense Forces Act.The two vessels’ mission is to escort Japan-related ships (Japanese-flaggedships and foreign-flagged ships with some connection to Japan) in the Gulf of Adenstarting at the end of March. So far they have received distress calls from foreignships with no relation to Japan, sped to the scenes, and chased off suspiciousvessels. These actions are not recognized even as “marine policing actions.”In actions to date, the escort destroyers have not fired their weapons because thesuspicious vessels fled, but there is no telling when the destroyers might fire,depending on actions taken by pirate vessels or suspicious vessels. This “sound of gunfire in Somalia” will signal the instant when the Japanese “military” first usesmilitary force under Japan’s war-renouncing Peace Constitution.(2) The Escalation of Overseas DeploymentsOn April 17 the government announced the deployment of Maritime SDF P3Cpatrol aircraft, the Land SDF, and the Air SDF to Djibouti. P3Cs are sent to patrol theGulf of Aden in response to requests from the US military and other parties. It willperhaps become a common occurrence for Combined Task Force (CTF) 151, whoseprimary member is the US military, to eliminate pirate vessels discovered by theP3Cs. This opens the door to “exercising the collective right of self-defense,” whicheven the government has claimed cannot be done.The Land SDF is being sent for the security of the base to be created in Djibouti,and the Air SDF is being sent to transport personnel and supplies. It is said there willbe 1,000 troops. If the government goes through with this second deployment, itwould create an integrated base for all three SDF services, and that would be the firstoverseas military base for Japan, whose national policy was supposed to have beenan “exclusively defense-oriented military.”(3) Submission of the Anti-Piracy BillTo retroactively sanction this highly unusual deployment to the Somalian marinearea, and to make overseas SDF deployments permanent, the Anti-Piracy Bill wassubmitted to the Diet. Deliberations have been held since April 14.This bill has only 13 articles, but they are frightening.First, it openly proclaims the protection of marine interests and “security at sea.”
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