Japan Brief / FPCJ, No. 0916
March 15, 2009


Japan Dispatches MSDF Vessels for Antipiracy Mission off Somalia

At a March 13 cabinet meeting the Japanese government approved a “maritime patrol operations” order issued under the Self-Defense Forces Law as a tentative antipiracy measure in the waters off Somalia. Based on this approval, Defense Minister Yasukazu Hamada issued a maritime patrol operation order that same day, authorizing the dispatch of Maritime Self-Defense Force personnel. On the following day two destroyers, the Sazanami and the Samidare, set sail for the Somalia sea zone from the MSDF base in Kure, Hiroshima Prefecture. At the March 13 cabinet meeting, the government also approved a bill concerning punishment and measures against piracy and submitted it to the National Diet.

Japanese Prime Minister Taro Aso on March 13 released a statement concerning the dispatch of MSDF forces, emphasizing the need to urgently respond to the piracy problem off Somalia. He stated, “Piracy is a threat to the international community, including Japan, and it is an issue that should be dealt with immediately.” Prime Minister Aso further noted that this MSDF dispatch through the maritime patrol operations framework is a stopgap measure, and “all possible energy” will be channeled into passage of the antipiracy bill to serve as the legal basis for full-fledged measures against pirates. According to reports from Japan's major newspapers, the events leading up to the dispatch of the MSDF destroyers were as follows.

International Cooperation for Antipiracy Measures

With the worsening of the anarchic situation throughout Somalia, there has been a rise in the number of pirate attacks on privately operated vessels in the waters off that nation. According to information released by both the Ministry of Foreign Affairs and the Ministry of Defense, pirates attacked a total of 111 ships last year along the Somalia coast, with over 10 of those vessels continuing to be held for ransom. Japanese-affiliated vessels make some 2,000 trips annually through these waters, and three of those ships were also victimized last year. At present, over 10 countries (including the United States, Britain, Russia, and China), and the European Union have sent destroyers, patrol boats, and other vessels to those waters to strengthen the crackdown on piracy.

For Japan, a country that depends upon Persian Gulf oil-producing countries for around 90% of its crude oil imports, safe navigation in the waters off Somalia is an issue of critical importance. Yet because of the restrictions of Japanese domestic laws and other related factors, among the Group of Eight industrialized nations only Japan has failed to move to adopt concrete antipiracy measures. It is against this backdrop, therefore, that Tokyo has been searching for means of contributing to the battle against pirate attacks within the existing legal framework. According to press reports, Prime Minister Aso played a leading role in engineering the MSDF dispatch. Last December 28 Prime Minister Aso ordered Defense Minister Hamada to study the dispatch of MSDF ships within the framework of laws currently in force. The December 29, 2008, edition of Asahi Shimbun carried a long commentary on this matter under the headline “Prime Minister leads the way in persuading the defense minister.”

Antipiracy Measures Advanced with a Two-Stage Plan

Based on studies by the pertinent authorities, the decision was made to issue a maritime patrol operation order under Article 82 of the Self-Defense Forces Law as the legal foundation for antipiracy measures at present. MSDF patrol operation orders have been issued twice in the past. The first was against suspicious vessels sighted off the Noto Peninsula on the Japan Sea side of the country in March 1999, and the second concerned a Chinese submarine detected in Japan's territorial waters in November 2004. Both of these incidents occurred in Japanese waters, so the current dispatch marks the first time for MSDF vessels both to be dispatched into the open seas and to undertake antipiracy maritime patrol operations.

Under maritime patrol operations based on the Self-Defense Forces Law, ships targeted for protection are limited to vessels associated with Japan. Regarding the use of firearms, while shots may be fired in warning and legitimate self-defense, as well as toward other vessels during emergency evacuations, no such firing on vessels is recognized to halt acts of piracy. Accordingly, under the maritime patrol operations framework non-Japanese ships are not targeted for protection, and it is impossible to fire on pirate vessels failing to obey warnings to halt.

The antipiracy bill submitted to the Diet by the government revolves around the following four key components: first, the “crime of piracy,” under which pirates can be imprisoned for five years to life, or receive either life or death sentences if causing death; second, the “authority to use firearms,” enabling the use of firearms to halt the advance of pirate vessels failing to heed orders to halt; third, “actions taken against pirates,” in which the defense minister obtains the approval of the prime minister and issues orders to the SDF for appropriate action; fourth, “National Diet involvement,” in which the prime minister reports to the Diet upon approval of actions against piracy and again when those measures are completed.

The two destroyers that sailed from the Kure base are scheduled to begin maritime patrol operations in the seas off Somalia in early April. After that, following the passage of the antipiracy bill into law, the activities of these MSDF destroyers will be aligned with the stipulations of that legislation. Japan's antipiracy measures, therefore, will be effectively advanced through this two-stage plan. Meanwhile, in the results of an “Opinion Poll Concerning the Self-Defense Forces and Defense Problems” (conducted in January) announced by the Cabinet Office on March 14, 63.2% of respondents expressed the view that “the Self-Defense Forces should become involved in mounting antipiracy responses.”

Major Newspaper Commentaries

Of Japan's five nationwide dailies, four carried editorials on the dispatch of the MSDF destroyers and personnel to the waters off Somalia. While the tones adopted by the papers generally featured positive evaluations of the antipiracy action, there were variations in the respective views of long-term countermeasures.

The Yomiuri Shimbun editorial (March 14) commented, “The dispatch of two destroyers at this time represents a new type of overseas mission for the MSDF, and is of great significance in terms of expanding its activities.” It added, “The SDF in recent years have been called upon to deal with a range of missions and situations, and not simply to defend Japan. The time has come for Japan to find effective ways to use the SDF as a public institution. We hope that the MSDF will carry out its antipiracy mission ably and develop into a robust and publicly trusted organization.”

The Mainichi Shimbun editorial (March 14) pointed out that the principal focus of the new antipiracy bill is the easing of standards on the use of firearms. It said “It is vital that this easing does not lead to arbitrary expansion in the use of firearms in the general overseas activities of the Self-Defense Forces.” The Mainichi went on, “In the first place, at last year's extraordinary Diet session it was the Democratic Party of Japan lawmakers who asserted the need for antipiracy measures. There should be an adequate foundation for consensus on this new law between the government and opposition camps. All sides need to put their heads together and come up with an effective antipiracy action plan.”

The Nikkei editorial (March 14) commented, “While there was excessive foot dragging on presenting the bill and dispatching the destroyers, the passage of the antipiracy bill will alleviate the psychological burden on the Self-Defense Force officials and Coast Guard officers involved in such dangerous work. We look forward to early enactment of the legislation.” At the same time, The Nikkei also noted that focus would come to rest on deliberation of the bill in the Diet, while expressing particular misgivings about the stance taken by the DPJ, “Within the DPJ itself, there has always been a clash of opinions on security policy. Confusion has also been created with the recent arrest of President Ichiro Ozawa's secretary, undermining prospects that the party will come together in full support.”

The Sankei Shimbun editorial (March 15) soundly praised the significance of the two MSDF destroyers setting sail to the sea zone off Somalia, saying, “Japan at last has embarked on the natural course of action to protect its own vessels and the sea lanes from pirates.”

(Copyright 2009 Foreign Press Center / Japan)