It was only after the end of World War II that the Japanese people became fully conscious of the importance of basic human rights as a universal principle for all human beings. I interpret this principle to be the fundamental principle of the Constitution of Japan established in 1947. We respect and try to secure basic human rights for ourselves as well as for any other people. That is why we renounce war and war potential in Article 9. I also interpret that, under Article 9. on the same fundamental principle, people are endowed with the right of self defense, but the state is not, as Prime Minister YOSHIDA Shigeru rightly stated in the session of Parliament in 1946 which examined the draft Constitution.
But, another line of interpretation of the right of self defense in Article 9 has become predominant, taking advantage of the so-called “ASHIDA amendment” by which the phrase “in order to accomplish the aim of the preceding paragraph” was added to the second paragraph of Article 9. Today Japan posseses the eighth largest war potential in the world.
Prime Minister YOSHIDA accepted the US-Japan Security Treaty (“US-J
Ampo”) before Japan regained independence in 1952. This he did through secret diplomacy and on the basis of the theory that the Constitution did not prohibit Japan's dependence upon foreign states in military affairs. If the above stated interpretations of the Constitution had been maintained, such a theory could not have been accepted. The distinction between Japan's own war potential and that of a foreign state makes no sense.
As a result of YOSHIDA's action, which superseded the Constitution, the “US-J
Ampo” became the supreme, supra-constiutional norm in Japan and he and his followers and officials have had to continually follow a tactic of the “amendment of the constitution by interpretation.” Even the Supreme Court has been unable to adopt a judgement declaring the “US-J
Ampo” as un-constitutional.
Such processes and contradicting interpretations and theories on the Constitution have caused confusion in the thought and ideas of the Japanese people about national policies on peace, defense, security and even on diplomacy. Among intellectuals are many who have “peace thought and ideas, ” as Glenn D. Hook describes in his article in
International Politics No. 69, 1981. But, intellectual coordination between them and the officials responsible for diplomatic matters has been scarce, the latter merely sticking to the “US-J
Ampo” ideology.
How can the diplomatic thought of Japan be rescued from such a situation? My suggestion as to the dilemma between the Constitution of Japan and the “US-J
Ampo” is as follows. In Article 10 of the “US-J
Ampo” it states: “This Treaty shall remain in force until in the opinion of the Goverments of Japan and the United States of America there shall have come into forth such United Nations arrangements as will satisfactorily provide for the maintenance of international peace and security in the Japan area.” This was a special formula to terminate the “US-J
Ampo” during a ten year period until 1970. That period has already passed, but it may be worthwhile for us to give further considerations to the idea of a “UN-
Ampo” as an alternative to the “US-J
Ampo”.
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