The Japanese government has begun reviewing a dispatch of the Self-Defense Forces to Iran, but “the legal basis is a major obstacle” - 경향신문

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Japanese Prime Minister Sanae Takaichi holds a press conference at the prime ministerial office in Tokyo on the 11th. Reuters/Yonhap News

The Asahi Shimbun reported on the 17th that the Japanese government has begun examining whether a Self-Defense Forces deployment to Iran is possible within the bounds of the Constitution and current legal framework, and that Prime Minister Sanae Takaichi is seeking to set the government policy on a dispatch before the U.S.-Japan summit scheduled for the 19th local time. Asahi analyzed that with Japan listed among the countries singled out by U.S. President Donald Trump, Tokyo cannot avoid considering cooperation with the United States, and that if the SDF is actually dispatched, the legal basis for the deployment will be a major obstacle. The Mainichi Shimbun reported that “unease is spreading within a government that had been cautious about an SDF dispatch, calling it a difficult task,” adding that “there is a possibility of a direct request at the U.S.-Japan summit, so the government is working to整理 its options.”

What troubles the Japanese government is the view that the current situation in Iran does not fall under a security-legislation category that would allow the exercise of collective self-defense as a ‘survival-threatening situation,’ nor under an ‘important influence situation’ that would permit rear-area support activities for U.S. forces. Asahi said the prevailing outlook within the government is that, as long as fighting between the United States and Iran continues, a dispatch based on recognizing a survival-threatening situation or an important influence situation will be difficult.

Regarding this, Prime Minister Takaichi said at the House of Councillors Budget Committee on the 16th, “We are continuing to examine what Japan can do independently within the legal framework, and I myself am issuing various instructions.” Takaichi explained, “We are整理ing the enabling laws, what is currently happening (in the Strait of Hormuz), what is possible in Japan, and what is not.”

In Japan, some analyses hold that exercising collective self-defense among the options would be difficult because of Article 9 of the Constitution. The Yomiuri Shimbun explained, “If an escort ship were dispatched and the SDF and Iran engaged in combat, there could be an assessment that this constituted the use of force prohibited by Article 9.” Article 9 of the so-called Peace Constitution stipulates, “War and the threat or use of force as means of settling international disputes are forever renounced.”

The Mainichi Shimbun reported that if the government seeks to dispatch the SDF by recognizing a survival-threatening situation or an important influence situation, a key issue would be whether the preemptive strikes by the United States and Israel constitute a violation of international law. The Japanese government says it does not yet have detailed information and is avoiding a legal assessment of this attack on Iran.

If rear-area support is pursued, a remark by then Prime Minister Shinzo Abe in 2015 that “rear-area support for a state that carried out a preemptive strike is out of the question” could also become an obstacle. The Tokyo Shimbun pointed out that, if rear-area support is provided to U.S. forces, consistency with that statement would become an issue.

On the 11th local time, oil tankers sail in waters near Oman’s Musandam Peninsula, close to the Strait of Hormuz. Reuters/Yonhap News

Another option under discussion is issuing Maritime Security Operations under the Self-Defense Forces Act, but Prime Minister Takaichi answered in the Diet on the 16th that applying such operations would be legally difficult. Defense Minister Shinjiro Koizumi explained at the House of Councillors Budget Committee on the 16th that police authority does not extend to states or state-like organizations. He expressed a negative view on applying maritime security operations, saying, “If the envisaged counterpart is beyond the reach of police authority, there will be no issuance (of Maritime Security Operations),” the Mainichi reported. However, he added in general terms that “protecting ships related to Japan is institutionally possible.” If Maritime Security Operations are applied, escorting civilian vessels would be possible, but the targets would be limited to vessels with a Japanese connection.

If the Japanese government recognizes the Iran situation as an International Peace Joint Response Situation, rear-area support for other countries’ militaries would become possible, but a United Nations resolution is essential. Even in that case, activities at the combat front are prohibited.

The lowest level of military support, the ‘survey and research’ function under the Ministry of Defense Establishment Act, is limited in scope to information-gathering purposes. The Mainichi said the option of information-gathering activities based on survey and research is gaining traction, adding that the government is also considering expanding SDF activity areas to the Strait of Hormuz or the Persian Gulf. Since January 2020, the SDF has conducted information-gathering activities with destroyers and patrol aircraft in the Middle East, including the Gulf of Oman.

At present, the Japanese government is taking a cautious stance on an SDF dispatch. Appearing at the House of Councillors, Defense Minister Koizumi said no dispatch request has yet arrived from the United States and that “nothing has been decided regarding an SDF dispatch.” Prime Minister Takaichi said, “There may be missions that require Diet approval, and in such cases, we would like to explain politely to party leaders as broadly as possible.”

On the 12th local time, the oil tanker Callisto is moored at the Port of Sultan Qaboos in Oman, near the Strait of Hormuz. Reuters/Yonhap News

A senior Defense Ministry official told the Mainichi, “At this point, the SDF likely cannot be dispatched,” adding, “Trump keeps changing what he says. We need to find out exactly what he wants.” The Mainichi predicted, “Dispatching warships to secure safety in the Strait of Hormuz faces high barriers for Japan,” and warned that “if President Trump strongly demands Japan’s response (dispatch of warships) at the summit venue, cracks could open in bilateral cooperation.”

If Prime Minister Takaichi comes under strong pressure from President Trump at the summit, the government’s dilemma could deepen. On the 16th, Trump again mentioned the number of troops in U.S. Forces Korea and U.S. Forces Japan, and strongly pressed for deployments by naming countries such as South Korea and Japan where U.S. troops are stationed. The Tokyo Shimbun reported a Defense Ministry official as saying, “If politicians decide to support it, the logic of the ‘situation’ can be made in any number of ways,” implying that a rationale could be constructed to recognize it as a survival-threatening situation or an important influence situation.

The Japanese government is wary that the agenda of the imminent U.S.-Japan summit could become focused on the Middle East. A Japanese government official told the Mainichi, “We have prepared various items for cooperation with the United States, but the agenda could end up being all about Iran.” Asahi reported that some within the government say, “It was a miscalculation for Japan that Prime Minister Takaichi is visiting the U.S. just as the Iran situation is growing more acute,” with a Cabinet official expressing concern that “it is not good timing for Japan.”