Article 9 of the Japanese Constitution

In its text, the state formally renounces the sovereign right of belligerency and aims at an international peace based on justice and order.

The Constitution was imposed by U.S. military occupation (Supreme Commander for the Allied Powers) to prevent rearmament of Japan in the post–World War II period.

This was a leading call for the Allied mandate, and the continuing US defense agreements that would render aid in maintaining Japanese sovereignty in the event of a foreign attack.

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.

However, according to some interpretations, he denied having done so,[8] and the inclusion of Article 9 was mainly brought about by the members of the Government Section of the Supreme Commander for the Allied Powers, especially Charles Kades, one of Douglas MacArthur's closest associates.

There is, however, another theory by constitutional scholar Toshiyoshi Miyazawa, which is supported by significant evidence provided by other historians, that the idea came from MacArthur himself and that Shidehara was merely a pawn in his plans.

There was a desire on the part of the United States occupation forces for Japan to take a more active military role in the struggle against communism during the Cold War.

[citation needed] The Supreme Court of Japan has reinforced the constitutionality of armed self-defense in several major rulings, most notably the Sunakawa Case of 1959, which upheld the legality of the then-current U.S.–Japan Security Treaty.

In July 2014, Prime Minister Shinzo Abe (coalition government of the Liberal Democratic and Komeito Party) approved a reinterpretation of Article 9.

This reinterpretation allows Japan to exercise the right of "collective self-defense"[20] in some instances and to engage in military action if one of its allies were to be attacked.

[21] The Japanese National Diet made the reinterpretation official in September 2015 by enacting a series of laws allowing the Japan Self-Defense Forces to provide material support to allies engaged in combat internationally.

[30] The second element of Article 9, which prohibits Japan from maintaining an army, navy or air force, has been highly controversial, and arguably less effective in shaping policy.

At the same time, both parties have advocated the revision of Article 9 by adding an extra clause explicitly authorizing the use of force for the purpose of self-defense against aggression directed against the Japanese nation.

[36][37][38] Since the late 1990s, Article 9 has been the central feature of a dispute over the ability of Japan to undertake multilateral military commitments overseas.

Despite the fading of bitter wartime memories, the general public, according to opinion polls,[39] continued to show strong support for this constitutional provision.

"[53] In May 2007, the then Prime Minister of Japan Shinzo Abe (Nobusuke Kishi's grandson) marked the 60th anniversary of the Japanese Constitution by calling for a "bold review" of the document to allow the country to take a larger role in global security and foster a revival of national pride.

[55] On 7 September 2018, candidate in the 2018 LDP Leadership Election, Shigeru Ishiba criticized Shinzo Abe for shifting his stance on Article 9 revision.

[56] In January 2019, then-Prime Minister Shinzo Abe said in the National Diet that long-range cruise missiles are not banned under Article 9 of the Constitution.

[57] On 21 October 2019 a senior U.S. military officer in Tokyo said that "Japan’s avoidance of offensive weaponry under its constitution is no longer acceptable."

In the Italian Constitution Article 11 is similar to the Japanese analogue, but the use of military forces is permitted for self-defense (articles 52 and 78) and also for peace-keeping purposes, if agreed with international organizations: Italian: L'Italia ripudia la guerra come strumento di offesa alla libertà degli altri popoli e come mezzo di risoluzione delle controversie internazionali; consente, in condizioni di parità con gli altri Stati, alle limitazioni di sovranità necessarie ad un ordinamento che assicuri la pace e la giustizia fra le Nazioni; promuove e favorisce le organizzazioni internazionali rivolte a tale scopo.

English translation:[59] Italy repudiates war as an instrument offending the liberty of the peoples and as a means for settling international disputes; it agrees to limitations of sovereignty where they are necessary to allow for a legal system of peace and justice between nations, provided the principle of reciprocity is guaranteed; it promotes and encourages international organizations furthering such ends.The Article 12 of the Constitution of Costa Rica enacted in 1949 establishes: Se proscribe el Ejército como institución permanente.

Para la vigilancia y conservación del orden público, habrá las fuerzas de policía necesarias.

Sólo por convenio continental o para la defensa nacional podrán organizarse fuerzas militares; unas y otras estarán siempre subordinadas al poder civil; no podrán deliberar, ni hacer manifestaciones o declaraciones en forma individual o colectiva.English translation:[60] The Army as a permanent institution is abolished.

It also forbids international acts of aggression, including offensive wars, stating in Article 26, Section 1: Handlungen, die geeignet sind und in der Absicht vorgenommen werden, das friedliche Zusammenleben der Völker zu stören, insbesondere die Führung eines Angriffskrieges vorzubereiten, sind verfassungswidrig.

Sie sind unter Strafe zu stellen.English Translation: Acts tending to and undertaken with intent to disturb the peaceful relations between nations, especially to prepare for a war of aggression, shall be unconstitutional.

They shall be criminalised.Article 5 of the South Korean constitution, last amended in 1986, states: ① 대한민국은 국제평화의 유지에 노력하고 침략적 전쟁을 부인한다.

② 국군은 국가의 안전보장과 국토방위의 신성한 의무를 수행함을 사명으로 하며, 그 정치적 중립성은 준수된다.