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  • Writer's picture笹本潤

The Ukraine War and the Direction of the UN Charter

Updated: Oct 1, 2022

On July 17, 2022, I gave a lecture titled "Perspectives on the Situation of the Ukraine Issue" at Chofu Constitution Plaza in Tokyo.  The expansion of NATO that triggered the Russian invasion and the U.S. interference in the coup d'etat are similar to the current U.S.-China relationship over the Taiwan issue; adherence to the exclusive defense policy of Article 9 is a direction that is perfectly in line with the UN Charter. In order to eliminate war, I believe that the most important thing is to become neutral, not to be a party to military alliances.

 

This is a report on the lecture of “Perspectives on the Situation in Ukraine: To Keep Japan and Asia from Turning into a Battlefield” of Chofu Constitution Plaza association

Speaker: Jun Sasamoto July 13, 2022


--- The July meeting was held under critical circumstances: the situation in Ukraine is being driven to a point where there is no turning back moment by moment, the world is being divided, and in Japan, constitutional reform forces have won the Upper House election and are establishing a course of militarization.


1. the Russian invasion of Ukraine is a violation of the UN Charter

The right of self-defense recognized by the UN Charter is only recognized when one's own country is attacked, and Russia's claim that it is exercising its right of collective self-defense on the request of the eastern Donetsk and Lugansk Republics, which have a large Russian population, is not valid because "both countries" are not internationally recognized sovereign nations. Based on this premise, we still can not overlook the fact that the background to Russia's military action was NATO's expansion to the east and U.S. interference in Ukraine's internal affairs.

2. the Maidan "Revolution" or "Coup"

 President Yanukovych defected to Russia after demonstrations that took place in February 2014 against the pro-Russian government turned violent.

It was later revealed that this political upheaval, known in Japan as the "Maidan Revolution" as a victory for democracy, was a coup d'etat with U.S. involvement. The new government suppressed the Russian-speaking population, including banning the Russian language, and Crimea was incorporated into Russia by a voluntary vote, but civil war continued in the east, and 14,000 people are said to have died. The Western media has not reported on this situation at all.

3. Military Alliance Violates UN Charter

 In response to the "threat" from Russia, the two Scandinavian countries that have declared their neutrality until now are certain to join NATO, and in Japan there are loud calls for strengthening the Japan-U.S. alliance and plans to double the military budget. In Japan, too, there are loud calls for a strengthened Japan-U.S. alliance and a plan to double the military budget. However, the UN Charter, which aims at collective security, does not recognize such a military bloc in the first place. The exercise of the right of collective self-defense is only allowed on a provisional basis for a period of time until the UN takes military action, and permanent military alliances such as NATO and the Japan-US alliance are considered to be in violation of the UN Charter. Economic sanctions currently in place against Russia also violate Article 41 of the UN Charter.

4. Is it sufficient to simply defend Article 9?

 In Japan, few defenders of the Constitution express opposition to the Japan-U.S. Security Treaty. The percentage of those who believe that the Japan-U.S. Security Treaty contributes to Japan's peace and security is 77.5%, much higher than the percentage of those who oppose the revision of the Article 9 Constitution. Abolition of the Japan-U.S. Security Treaty is not included in the peace movement. Under the current circumstances, even with Article 9, a military conflict would lead to war. The U.S. has begun to dispatch dignitaries to Taiwan, provide arms, and engage in other acts that can be described as provocations. The fear that an armed conflict similar to the one in Ukraine might occur supports the argument that the Japan should increase its military buildup and enhance its "self-defense" capabilities.

5. the Japan-U.S. Alliance is heightening tensions in Asia

From the perspective of China and DPRK, the militarization of Japan would increase the military threat from Japan and the U.S. working together in tandem.

However, if one country dissolves its military alliance with the U.S., it will be reinforced in other countries, so a movement to eliminate the military alliance with the U.S. from Asia in solidarity is necessary.

We must cooperate with international lawyers' groups and citizens' groups in other countries, such as the International Association of Democratic Lawyers (IADL), which was formed to defend the UN Charter, and the Confederation of Lawyers of Asia and the Pacific(COLAP), which is anti-military alliance, and at national level we must demand that the government engage in friendly dialogue with China and DPRK.

6. Article 9 and the UN Charter are in the same direction

Article 51 of the UN Charter, which recognizes the right of self-defense, is in the same direction as Article 9 in that it stipulates the right of exclusive defense.

Article 9 is a major guideline for making the UN Charter be observed and preventing the use of military force in the world. (Written by Yasuko Ishikawa)



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