Also stipulated in the guideline are"examination for relaxation of weapon use against suspicious ships found in the Exclusive Economic Zone" and"maintenance of weapons and promotion of training for more accurate long-distance shots.
Under the current constitutional interpretation, SDF personnel cannot come to rescue Japanese nationals abroad, because such SDF personnel willnot be assured of the necessary right to use weapons.
Accordingly, it is necessary to consider domestic legislation withreference to standards in international law about the degree to which the use of weapons is permitted as means of stopping foreign military or government vessels regardless of the scope of the provisions of the Law Concerning Execution of Duties of Police Officials.
However, the right of the SDF personnel engaged in such duties to use weapons remained unchanged, limited to so-called self-preservation type, *28* andthe amendment did not go as far as to permit the use of weapons for rescue activities or for removing obstructive attempts against its missions.
The manifesto of the DPJ says,"Responding to the United Nations' call for the support of the expanding activities of UN Peace Keeping Operations, we look into the best way of cooperation positively, for example,by the reexamination of the standard of use of arms by SDF personnel.
The"four cases" were:(1) Defense of U.S. naval vessels on the high seas,(2) Interception of a ballistic missile thatmight be on its way to the United States,(3) Use of weapons in international peace operations and(4) Logistics support for the operations of other countries participating in the same U.N. PKOs and other activities.
The"four cases" were:(1) Defense of U.S. naval vessels on the high seas,(2) Interception of a ballistic missile thatmight be on its way to the United States,(3) Use of weapons in international peace operations and(4) Logistics support for the operations of other countries participating in the same U.N. PKOs and other activities.
With regard to U.N. PKOs, the protection and rescue of Japanese nationals abroad, and international security cooperation, none of these constitute the"use of force" as prohibited under Article 9 andtherefore the use of weapons in the course of such activities for the purpose of coming to the aidof geographically distant unit or personnel under attack(so-called"kaketsuke-keigo") or removing obstructive attempts against its missions should be interpreted as not being restricted constitutionally.
The use of weapons when engaging in rescue activities or removing obstructive attempts against its missions as a part of the protection and rescue of nationals abroad are not in the first place the"use of force" in cases where the territorial state has given its consent and are no more than efforts to supplement or substitute security activities of the territorial state and therefore should be interpreted as not being restricted constitutionally.
The excessively disproportionate civilian death toll, and Israel's conduct of hostilities- including, inter alia, indiscriminate attacks, wilful killing, the extensive destruction of property, target selection, the lack of precautions taken in attack,the excessive use of force, and the use of weapons such as white phosphorous in civilian areas- demand effective judicial redress.
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