Reference News Network, March 15 report: According to the website of the "Nikkei Shimbun", the United States hopes Japan will send ships to "escort" the Strait of Hormuz, but there are legal difficulties in Japan.
The report mentioned that US President Trump said on March 14 that he expects relevant countries such as Japan to dispatch ships to the Strait of Hormuz.
Prime Minister Hayashi of Japan will visit the United States on March 19, and the Japan-US summit will be held in Washington. At that time, the US is likely to make this request to Japan.
The report stated that Japan had previously received a similar request from the US in 2019, and the Abe administration at that time studied countermeasures.
In 2019, due to the deepening confrontation between the US and Iran, there were attacks on oil tankers in the Strait of Hormuz. The US tried to form an escort alliance in the Strait of Hormuz and had tested whether Japan was willing to cooperate.
If the Self-Defense Forces are to join the escort alliance, the Japanese government had four legal options at that time: ① use the Security-related Acts, which stipulate collective self-defense and support for the rear of foreign militaries; ② the "Maritime Surveillance Operation" under the Self-Defense Forces Act; ③ apply the Anti-Piracy Act; ④ enact a special measures law, etc.
The then Abe administration ultimately decided not to join the escort alliance. Japan regarded Iran as a "traditional friendly country," and the Abe administration made the aforementioned decision after carefully weighing the US position and Japan-Iran relations. The Japanese government dispatched destroyers under the Self-Defense Forces Act to the nearby sea areas, collecting intelligence while preparing to escort Japanese vessels.
It is expected that the framework for related considerations will follow a similar pattern this time. If Japan decides to respond to the US call and provide escort assistance, it will face difficult issues in all four possible legal frameworks.
If the Security-related Acts are applied, the premise is that the support target (US military) is conducting a retaliatory action in accordance with international law. The Japanese government has not yet made an evaluation of the legality under international law regarding the US's attack on Iran this time.
If the collective self-defense rights are cited to assist the US military, it would actually mean that Japan views Iran—a country with which it has maintained friendly relations historically—as an adversary. For Japan, this would mean a significant shift in its diplomatic strategy.
If the "Maritime Surveillance Operation" under the Self-Defense Forces Act is used, it means that the Self-Defense Forces can only escort Japanese vessels.
What about the Anti-Piracy Act? This act was enacted in 2009, and it was based on the premise of joint actions with other countries. In this case, Japan could protect foreign vessels. However, the act defines the attackers as "pirates" who seize ships for private purposes, and it did not consider the situation of protecting ships in the Strait of Hormuz from attacks by Iran.
The report stated that the situation in Iran is more complicated now than before, and the space for Japan to exercise its diplomatic capabilities has also narrowed. Trump has been pressuring allies through tariffs, and his diplomacy, which emphasizes strength, is becoming increasingly evident. Now, Japan is facing a difficult choice.
Translation by Ma Xiaoyun
Original: toutiao.com/article/7617366002279449128/
Statement: This article represents the personal views of the author.