Tuesday, October 09, 2007

Ask The Jurisprudence Guy: Why Joining ISAF Is Constitutional

Okay, nobody asked, so I guess that makes this a promo.

I don't know where Foreign Minister Komura gets his legal advice, but I find the argument that engaging in ISAF activities is unconstitutional unconvincing to say the least.

Article 9, paragraph 1, says that "the Japanese people renounce forever" the "use of force as means of settling international disputes". Now, the last time I looked, I did not find one sovereign state openly in military conflict with the ISAF forces, or supportive of the non-state actors who are the subject of ISAF activities, and the Afghan government more than welcomes ISAF. So where is the "international" conflict? As far as international law is concerned, surely this is merely a policing action.

If I were the LDP leadership, I would accept the constitutionality of Japanese participation in ISAF, and hammer Ichiro Ozawa on the practicalities of the intervention until Mr. Ozawa has no choice but to come out of hiding to make his case. Which he will botch.

But this is a soft-sell administration, and there must be LDP people on the right who do not want to look wimpy in the first place, so it won't happen.

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