The Anti-Terrorism Special Measures Law
(Tentative English Summary)
The Special Measures Law Concerning Measures Taken by Japan in Support of the Activities of Foreign Countries Aiming to Achieve the Purposes of the Charter of the United Nations in Response to the Terrorist Attacks Which Took Place on 11 September 2001 in the United States of America as well as Concerning Humanitarian Measures Based on Relevant Resolutions of the United Nations
2. Purposes (Pertaining to Article 1)
3. Basic Principles (Pertaining to Article 2)
|(1)||Recalling that UN Security Council resolution 1368 regards the terrorist attacks which took place on 11 September 2001 in the United States (hereinafter referred to as "the terrorist attacks") as a threat to international peace and security,|
|(2)||And also noting that the UN Security Council resolutions 1267, 1269, 1333 and other relevant resolutions condemn acts of international terrorism, and call on all States to take appropriate measures for the prevention of such acts,|
|The purposes of the Law is to specify the following measures in order to enable Japan to contribute actively and on its own initiatives to the efforts of the international community for the prevention and eradication of international terrorism, thereby ensuring the peace and security of the international community including Japan.|
- The measures Japan implements in support of the activities of the armed forces of the United States and other countries (hereinafter referred to as "Foreign Forces") which aim to eradicate the threat of the terrorist attacks, thereby contributing to the achievement of the purposes of the Charter of the UN
- The measures Japan implements with the humanitarian spirit based on relevant resolutions of the General Assembly, the Security Council, the Economic and Social Council of the UN or requests made by the UN, organizations established by the General Assembly of the UN, the Specialized Agencies of the UN, or International Organization for Migration (hereinafter referred to "the UN and Others")
|(1)||The Government of Japan (GOJ) shall implement Cooperation and Support Activities, Search and Rescue Activities, Assistance to Affected People and other necessary measures (hereinafter referred to as "Response Measures") in an appropriate and swift manner, thereby contributing actively and on its own initiatives to the efforts of the international community for the prevention and eradication of international terrorism, and ensuring the peace and security of the international community including Japan.|
|(2)||These measures must not constitute the threat or use of force.|
|(3)||These measures shall be implemented in the following areas:|
- Japan's territory
- Following areas where combat is not taking place or not expected to take place while Japan's activities are being implemented.
- The high seas, including the exclusive economic zone stipulated in the UN Convention on the Law of the Sea, and airspace above
- Territory of foreign countries (Implementation shall be limited to cases where consent from the territorial countries has been obtained.)
|(4)||The Prime Minister shall, representing the Cabinet, supervise and control government agencies based on the basic plan stipulated in Section 5 below.|
|(5)||Heads of relevant government agencies will cooperate with each other to implement these measures. |
4. Measures To Be Taken (Pertaining to Article 3 and Tables 1 and 2)
5. Basic Plan (Pertaining to Article 4)
|(1)||Cooperation and Support Activities|
- Cooperation and Support activities are the provision of materials and services, convenience and other measures implemented by Japan in support of Foreign Forces.
- Relevant government agencies, including the Self-Defense Forces, shall implement these activities.
- The contents of materials and services that the Self-Defense Forces provide are supply, transportation, repair and maintenance, medical services, communications, airport and seaport services, and base support. (Nonetheless, the Self-Defense Forces shall not undertake the supply of weapons and ammunitions and shall not supply fuel or conduct maintenance on aircraft preparing to take off on military sorties, or undertake the land transportation of weapons and ammunitions in foreign territories.)
|(2)||Search and Rescue Activities|
- Search and Rescue Activities are the activities implemented by Japan to search and rescue combatants in distress due to combat in the case of the activities of the Foreign Forces. (Search and Rescue Activities include the transportation of the rescued as well.)
- Self-Defense Forces shall implement these activities.
- The contents of materials and services that the Self-Defense Forces provide in implementing Search and Rescue Activities are supply, transportation, repair and maintenance, medical services, communications, billeting and decontamination. (Nonetheless, the Self-Defense Forces shall not undertake the supply of weapons and ammunitions, supply fuel or conduct maintenance on aircraft preparing to take off on military sorties, or undertake the land transportation of weapons and ammunitions in foreign territories.).
|(3)||Assistance to Affected People|
- Assistance to Affected People is transportation of necessities including food, clothing and medicines, medical services and other humanitarian activities implemented by Japan, with regard to the terrorist attacks, based on resolutions of the General Assembly, the Security Council or the Economic and Social Council of the UN or on requests by the UN and Others.
- Relevant government agencies including the Self-Defense Forces shall implement these activities.
|(4)||Other Necessary Measures|
- An example is transportation of foreign nationals while providing transportation to Japanese nationals abroad with aircraft of the Self-Defense Forces.
- Relevant government agencies including the Self-Defense Forces shall implement these activities.
|(1)||The Prime Minister, when he deems necessary the implementation of any of the following Response Measures, shall propose to make a Cabinet Decision on such implementation and on a draft of basic plan with regards to their implementation (herein after referred to as "Basic Plan"):|
- The provision of materials and services by the Self-Defense Force as Cooperation and Support Activities
- Other measures implemented by relevant government agencies as Cooperation and Support Activities that require involvement of the Cabinet for their coherent and effective implementation
- Search and Rescue Activities
- Assistance to Affected People by the Self-Defense Forces
- Other measures implemented by relevant government agencies as Assistance to Affected People that require involvement of the Cabinet for their coherent and effective implementation
|(2)||Matters to be specified in the Basic Plan include the following:|
- Basic points with regards to the Response Measures
- Kinds and details of the activities stipulated in (1) and (3) of Section 4 above
- Sphere of areas to implement the activities stipulated in (1) to (3) of Section 4 above and designation of such areas
- Size, organization and equipment of the units of the Self Defense Forces which implement the activities stipulated in (1) to (3) of Section 4 above in foreign territories, and the time period of the dispatch of the units
|(3)||(1) above is applied to a change of the Basic Plan.|
|(4)||When Response Measures are implemented in foreign territories, the GOJ shall consult with the territorial countries in order to specify the implementation areas.|
6. Diet Approval (Pertaining to Article 5)
|(1)||The Prime Minister shall put Cooperation Support Activities, Search and Rescue Activities or Assistance to Affected People implemented by the Self- Defense Forces specified in the Basic Plan, within twenty days after their initiation, on the agenda in the Diet for its approval. When the Diet is in recess or when the House of Representatives is dissolved, however, the Prime Minister shall promptly seek for its approval upon convening of the first Diet session thereafter.|
|(2)||If the Diet disapproves, Cooperation and Support Activities, Search and Rescue Activities or Assistance to Affected People must be promptly terminated.|
7. Implementation of the Response Measures by the Relevant Government Agencies
(Pertaining to Article 6 through Article 9)
|(1)||In accordance with the Basic Plan, the Minister of State for Defense will decide guidelines with regards to the provision of services as Cooperation and Support Activities, to Search and Rescue Activities, and to Assistance to Affected People, and, with the Prime Minister's approval, order the Self Defense Forces to implement them.|
|(2)||The Minister of State for Defense will designate specific implementation areas in the guidelines.|
|(3)||In case all or a part of implementation areas no longer meet the criteria stipulated in this law or the Basic Plan, the Minister of State for Defense must promptly alter the area designation or order the cessation of the activities implemented in the areas.|
|(4)||The commander of the unit of the Self-Defense Forces in charge of the activities stipulated in i), iii) and iv) of Section 5 (1) above, which are implemented in the high seas and airspace above or in foreign territories, or the person designated by him, in case combat takes place or is expected to take place near the area where the activities are implemented, will wait for the steps stipulated in (3) above, while, for example, temporarily suspending the activities or evacuating in order to avoid the danger caused by the combat.|
|(5)||In addition to (1) to (4) above, the Minister of State for Defense and the Heads of other relevant government agencies shall implement Cooperation and Support Activities, Assistance to Affected People and other Response Measures in accordance with relevant laws and the Basic Plan.|
8. Lending Without Charge and Transfer of Materials (Pertaining to Article 10)
The Prime Minister, Cabinet Ministers or those entrusted by them shall be authorized, to the extent that will not affect their duties, to lend without charge or transfer materials (excluding weapons and ammunitions) under their supervision to Foreign Forces or the UN and Others, in cases where there is a request of them for such lending or transfer of materials to be used in their activities, when deemed necessary for the smooth implementation of such activities.
9. Report to the Diet (Pertaining to Article 11)
The Prime Minister shall report to the Diet without delay, (1) the content of the Basic Plan when a decision or change on it is made, (2) the consequence of the implementation of the Response Measures specified in the Basic Plan.
10. Use of Weapons (Pertaining to Article 12)
|(1)||Members of the Self-Defense Forces in charge of Cooperation and Support Activities, Search and Rescue Activities or Assistance to Affected people, may proportionately use weapons when an unavoidable and reasonable cause exists for use of weapons to protect lives and bodies of themselves, other members of the Self Defense Forces who are with them on the scene, or those who are with them on the scene and have come under their control while conducting their duties.|
|(2)||The use of weapons stipulated in (1) above, when a senior officer is present at the scene, shall be conducted only under the order of the senior officer, except for cases where offense or danger to lives and bodies are too imminent to wait for such order.|
|(3)||A senior officer present on the scene, in the case as mentioned in (1) above, must give necessary orders with a view to preventing the danger to the lives and bodies and also to preventing disorder by uncontrolled use of weapons, and to ensuring that the use of weapons is done, in accordance with (1) above and (4) below, in an appropriate manner and within the limit necessary to achieve the purpose.|
|(4)||The use of weapons stipulated in (1) above shall not cause harm to persons, except for cases falling under Article 36 (self-defense) or Article 37 (act of necessity) of the Penal Code.|
Note: Article 95 of the Self-Defense Forces Law (Use of Weapons for Protection of Weapons) is applied.
11. Others (Pertaining to Additional Provisions)
|(1)||This Law shall come into effect from the day of promulgation.|
|(2)||The Self-Defense Forces Law shall be amended so that the Self-Defense Forces are authorized to implement Cooperation and Support Activities and other activities, to the extent that will not affect their duties.|
|(3)||This Law shall, in principle, expire upon the passage of two years after its entry into force. If deemed necessary, however, the effect of the law can be extended by not more than two years as set forth by a separate law. (The same applies to further extension of the Law.)|