Article 9 of the Japanese Constitution is in fact a "No War"
article. It went into effect on May 3, 1947, shortly after World War II
and reads:
Aspiring sincerely to an international peace based on
justice and order, the Japanese people forever renounce war as a
sovereign right of the nation and the threat or use of force as means
of settling international disputes.
In order to accomplish the aim of the preceding paragraph, land,
sea, and air forces, as well as other war potential, will never be
maintained. The right of belligerency of the state will not be
recognized.
The enactment of a special clause in the Japanese Constitution
renouncing war as an option after World War II was not an accident. The
United Nations Organization that was formed in 1945, benefiting from
the failed experiment of the League of Nations, began its Charter with
the words "We, the peoples of the United Nations, determined to save
succeeding generations from the scourge of war, which twice in our
lifetime has brought untold sorrow to man-kind. . . ." The Charter went
on to enshrine the principle of the nonuse of force in international
relations in Article 2.4, which states: "All Members shall refrain in
their international relations from the threat or use of force against
the territorial integrity or political independence of any state, or in
any other manner inconsistent with the Purposes of the United Nations."
Thus, what was made general for all states was made specific in respect
of Japan because of Japan's status as one of the defeated states in
World War II and the opportunity in 1947 of drafting a new Constitution.
Other states, such as Costa Rica and Iceland, while upholding the UN
Charter, have demonstrated their renunciation of war by not maintaining
national armies at all. In any event, the UN is not a pacifist
organization, and Article 51 of the Charter provides for "the inherent
right of individual or collective self-defense if an armed attack
occurs against a Member of the United Nations, until the Security
Council has taken measures necessary to maintain international peace
and security." This implies that member states may maintain armies
commensurate with their security needs for self-defense, and thus Japan
maintains a self-defense force. Further on in the Charter, under
chapter 7, provision exists for the Security Council to determine the
existence of a threat or breach of the peace or act of aggression and
to take action to restore peace and security. This action could
ultimately entail, as Article 42 states, "such action by air, sea, or
land forces as may be necessary." This is the use of collective force
authorized by the Security Council in the defense of international
peace and security, and member states are expected to make available
their armed forces for this purpose. One example of this is the use of
force to evict Iraq from Kuwait in 1991. In addition, of course, there
are numerous examples of UN peacekeeping missions in which the armed
forces of member states participate.
These restrictions on war and the unilateral use of force have not,
of course, prevented wars from breaking out in the post-World War II
period. However, the recent trend has been to have more intrastate wars
than interstate wars, and for nonstate actors to be among the
belligerents. The application of international law to nonstate actors
is not easy, since these groups are, ipso facto, acting outside the
framework of law and order. International terrorism is a phenomenon
that has acquired a new dimension, and the danger of terrorist groups'
acquiring weapons of mass destruction is real. We have already had the
use of chemical weapons by one such group in Japan. In addition to
specific injunctions against war, the international community has tried
to evolve ways and means of either banning or regulating the tools of
war as a disincentive to countries for going to war. This is in
pursuance of the UN's objective of achieving "general and complete
disarmament under effective international control." Of the weapons of
mass destruction, biological weapons were banned in 1972 and chemical
weapons were banned in 1993. Nuclear weapons, although still not
banned, have had their proliferation prevented by the Non-Proliferation
Treaty (NPT) of 1968, the most widely subscribed-to disarmament treaty.
In addition, numerous nuclear-weapon-free zones have been created,
mainly in the southern hemisphere. A number of bilateral treaties
between the United States and the Russian Federation have also reduced
the number of nuclear weapons in the world. Japan, as the only country
that has suffered the use of nuclear weapons, has legally renounced the
possession of all weapons of mass destruction (WMD) by treaty.
These steps are encouraging, and what must be done is to consolidate
these gains and ensure that they are irreversible. Japan has moved
resolutions in the UN on nuclear disarmament and has played a leading
role in numerous disarmament initiatives, such as the control of the
proliferation of small arms and light weapons. In this context, Article
9 of the Japanese Constitution is a bulwark and a beacon. Japan is an
example, along with Germany, of countries that can achieve powerful
positions in the international community without acquiring nuclear
weapons and having powerful armies. This alone qualifies Japan to
secure a permanent seat on the Security Council, apart from Japan's
record as an aid donor.
We must now reflect on the current dangers to international peace
and security and examine what steps have to be taken for our common
security. Early in 2007, the Chicago-based Bulletin of the Atomic Scientists
moved the hands of its famous Doomsday Clock forward two minutes,
placing them now at five minutes to midnight. The rationale was that,
in addition to the threat of nuclear danger, the world faces another
catastrophic threat from climatic change. The forces of globalization
and the relentless pursuit of industrialization have led to a vast
demand for energy. With environmental concerns already being cited to
justify an increasing reliance on nuclear power as an energy source, we
must resolve the justifiable concerns that wider use of nuclear energy
may lead to a proliferation of nuclear weapons. Thus, the atomic
scientists see the two greatest threats to human security as
inextricably intertwined.
We live in a world of escalating military budgets, despite the
absence of antagonisms dividing major states. According to the
Stockholm International Peace Research Institute (SIPRI), global
military expenditure is at US$1,204 billion (US$1.2 trillion) per
annum, with the United States accounting for 46 percent of the total.
Japan has 4 percent of the world share of military expenditure,
spending US$43.7 billion or US$341 per capita. Mitsubishi Heavy
Industries in Japan is among the world's twenty-five largest
arms-producing companies, selling US$2,190 million worth of arms. In a
world where more than one billion human beings live below the poverty
line of one dollar a day, weapons spending amounts to US$184 per year
for every man, woman, and child on the planet. US$135 billion per year
would suffice to achieve the Millennium Development Goals by the target
date of 2015. This is not only unacceptable; it is also unsustainable.
Again according to SIPRI, there has been an almost 50 percent increase
in the volume of major conventional arms transfers over the last four
years, reversing the downward trend since 1977. The United States and
Russia were the largest suppliers in the 2002-2006 period, and China
and India were the largest arms importers.
Among the world's eight (not counting North Korea) known
nuclear-armed states--five of them parties to the NPT--an estimated
twenty-six thousand nuclear weapons remain, of which twelve thousand
are actively deployed. Nuclear weapons are designed to cause terror and
destruction on a vastly greater scale than any conventional weapon,
killing thousands in a single attack and leaving behind environmental
and genetic effects that can persist indefinitely. The risk of the use
of these nuclear weapons--by states or terrorists, by accident or
design--has actually increased in recent years. This threat, combined
with the certainty of climatic change, presents an ominous challenge to
humanity.
Globalization and the revolution in information technology have made
our challenges more complex but also offer tools to assess and mitigate
the problems we have created. Along with our scientific advances, our
advances in governance--embodied in international institutions such as
the United Nations and international law--provide mechanisms to
coordinate the collective action that is needed to rid the world of
weapons of mass destruction and take corrective action on climatic
change.
It is for these reasons that in my final year as UN
under-secretary-general, I proposed that there should be an
international commission on WMD. The then secretary-general, Kofi
Annan, was not ready to have such a commission function under the aegis
of the UN. Sweden, through its courageous foreign minister at the time,
the late Anna Lindh, accepted the challenge and set up the commission
with Dr. Hans Blix as chairman. Fourteen of us, drawn from different
countries--including China, India, Russia, Japan, the United Kingdom,
and the United States--began our work early in 2004, meeting in
different capitals and exchanging ideas with scholars, researchers, and
diplomats from a wide range of countries over a period of more than two
years. In June 2006, we presented our final report to the
secretary-general of the UN, and this has now been issued as a document
of the UN. Dr. Blix has also spoken to the First Committee of the UN,
in October 2006, apart from addressing numerous audiences and media
conferences in different parts of the world.
Our commission felt that the time for action on weapons of mass
destruction has come, especially with regard to nuclear weapons. We see
them as inhumane weapons of terror because they are in fact intended to
intimidate those who do not possess these weapons. As the Canberra
Commission, on which I also served, said in 1996: "Nuclear weapons are
held by a handful of states which insist that these weapons provide
unique security benefits and yet reserve uniquely to themselves the
right to own them. This situation is highly discriminatory and thus
unstable; it cannot be sustained. The possession of nuclear weapons by
any state is a constant stimulus to other states to acquire them." The
WMD Commission reiterates this, adding: "So long as any such weapons
remain in any state's arsenal, there is a high risk that they will one
day be used, by design or accident. Any such use would be
catastrophic." Nuclear weapons must be devalued as the ultimate
currency of power. That can only be achieved by their elimination.
A total of sixty recommendations have been made in the WMD Commission Report, including:
? The need to agree on general principles of action with
disarmament and nonproliferation being pursued through multilateral
institutions in a rule-based international order, where the UN Security
Council is the ultimate authority; the revival of disarmament
negotiations; the pursuit of policies that do not make states feel the
need to acquire WMD
? The need to reduce the danger of existing arsenals by making deep
reductions and securing them from theft, especially by terrorist
groups; the need to take weapons off their alert status; the
prohibition of the production of fissionable material; having
no-first-use pledges by those who have nuclear weapons
? The prevention of proliferation through the entry into force
of the Comprehensive Test Ban Treaty (CTBT); implementing the
commitments of the nuclear-weapon states under the NPT; continuing
negotiations with North Korea and Iran to ensure their nonnuclear
weapon status while assuring them of their security and their right to
the peaceful uses of nuclear energy; making international arrangements
for the supply of enriched uranium fuel and the disposal of spent fuel
? Working purposefully for a ban on nuclear weapons within a
reasonable time frame; encouraging nuclear-weapon-free zones,
especially in the Middle East; achieving the universalization of the
Chemical Weapons Convention (CWC) and Biological Weapons Convention
(BWC); and preventing an arms race in outer space
On January 4, 2007, the Wall Street Journal published a
remarkable op-ed piece written by George Shultz, William Perry, Henry
Kissinger, and Sam Nunn--all former holders of high office in the
United States, all highly influential today. They called for "reversing
reliance on nuclear weapons globally" and viewed the doctrine of
nuclear deterrence as obsolete, increasingly hazardous, and
decreasingly effective. Recalling past efforts to rid the world of
nuclear weapons, they called for a rekindling of the Reagan-Gorbachev
vision and the achievement of a nuclear-weapon-free world as a "joint
enterprise." Identifying a series of agreed-upon and urgent steps, the
eminent authors included many of the measures featured in the Thirteen
Steps of the 2000 NPT Review Conference and the sixty recommendations
of the WMD Commission. This article was followed a few days later by an
article in the same journal by former Soviet president Mikhail
Gorbachev endorsing the four Americans' views and also calling for a
dialogue between the nuclear-weapon states and nonnuclear weapon states
within the framework of the NPT on the elimination of nuclear weapons.
The British foreign secretary also spoke along the same lines in
Washington, DC, in the summer of 2007, and this was reiterated by the
U.K. representative at the Conference on Disarmament in Geneva.
A breakthrough in reconstructing the fractured consensus on
disarmament--and especially nuclear disarmament--must come through the
political leadership of key countries. Public opinion--especially in
democracies--can force policy changes through the electoral process,
and civil-society organizations must work relentlessly to achieve this.
Within a matter of twenty months, four of the five nuclear-weapon
states in the NPT either will have changed or will be due to change
their longstanding political leadership. This provides a unique
opportunity for a change of policy on nuclear weapons and on climatic
change. First, there has already been a presidential election in France
leading to the election of President Nicolas Sarkozy. In the United
Kingdom, Prime Minister Gordon Brown is the new leader. In 2008, both
the Russian Federation and the United States will have elections for a
new president. In China, the Communist Party will have a key congress
at the end of 2008; and India, a non-NPT nuclear-weapon-capable state,
will have elections in 2009. Japan has a new prime minister. This
virtually simultaneous change in the political leadership of key
countries will provide an opportunity in the post-Cold War world to
make fundamental changes that can pull the world back from the brink of
crisis. Civil society and global public opinion can assert pressure to
ensure that the new political leaders act to create a new world order.
The time is therefore opportune for the implementation of
Recommendation 59 of the WMD Commission, which urges the convening of a
world summit on the disarmament, nonproliferation, and terrorist use of
weapons of mass destruction. The date for such a summit could be after
2009, providing for thorough preparation and for the new leaders to
formulate their policies. It would be a historic opportunity to
demonstrate a recognition of the common danger to global society and of
the need to make the right decisions at the right time. Japan is
uniquely positioned to take the initiative in this.
Jayantha Dhanapala was the United Nations
under-secretary-general for disarmament affairs from 1998 to 2003 and
is a former ambassador of Sri Lanka to the United States. He serves as
senior advisor to the president of Sri Lanka. From June 2004 to
November 2005, he served as the secretary-general of the Secretariat
for Coordinating the Peace Process in Sri Lanka.
This article was originally published in the January-March 2008 issue of Dharma World.