Legal Wars over Article 9 of the Japanese Constitution

The Supreme Court of Japan avoids interpreting the constitutionality of the powers of the Japan Self-Defense Forces (SDF).

However, the Supreme Court of Japan has traditionally avoided expressing an opinion on this matter. This has allowed the Japanese government to gradually expand the capabilities of the SDF. In 1991, after the end of the Gulf War, Japanese minesweepers participated in mine clearance, marking the SDF’s first overseas mission. In 2004, the Japanese military was deployed to Iraq, which remained an active conflict zone, to provide humanitarian aid and restore public facilities. The 2015 reform allowed the Self-Defense Forces to participate in operations alongside allied forces under attack if there is a threat to Japan’s existence and no other options for resolving the conflict.

At the same time, cases against the activities of the US military in Japan and the SDF were brought at the local level, with lower courts often siding with the prosecution. Although these cases were subsequently defeated by Supreme Court decisions, they are interesting and demonstrate the polarized opinions on this issue. In this article, we will examine several high-profile court cases that have raised debates about violations of Article 9 of the Constitution.

Sunagawa Case: The New Supreme Court’s Caution Creates a Controversial Precedent

In the second half of the 1950s, a large-scale protest movement raged against the expansion of a US Air Force air base into the nearby village of Sunagawa (near Tokyo). The expansion was to be accomplished through the expropriation of land from farmers. Their discontent was echoed by other citizens, many of whom were students from left-liberal organizations.

During the protests, several demonstrators entered the base, were arrested under the provisions of the US-Japan Security Treaty, and were brought to trial. The defense countered the charges, arguing that the US troops constituted “war potential,” as prohibited by Article 9. The Tokyo District Court agreed with these arguments and acquitted the defendants. One of the judges, Date Akio, urged his........

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