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http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?nn20020712a5.htm

The Japan Times
July 12, 2002

SUPPORT OF U.S. 'UNCONSTITUTIONAL'
Suit challenges war on terror effort

-"Our constitutional right to live in peace cannot be
realized by the sacrifice of innocent Afghan people
who have faced bloodshed," the complaint states.
-Article 9 states 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."




SAITAMA (Kyodo) More than 250 people filed a lawsuit
Thursday with the Saitama District Court to challenge
the constitutionality of an antiterrorism law that
allows the Self-Defense Forces to lend noncombat
support to the U.S.-led military campaign against
terrorism.
According to the plaintiffs' lawyers, it is the first
civil suit to seek nullification of the law, which was
enacted Oct. 29 in the wake of the Sept. 11 terrorist
attacks in the United States.

The plaintiffs argue the law violates the
Constitution's recognition of the right of people
around the world to live in peace and its renunciation
of war as a means of settling international disputes.

"The SDF activities under the antiterrorism law should
be considered military activities and an exercise of
collective defense, as they have enabled the U.S.-led
forces to maintain military action," the suit says.

The plaintiffs also said Japan's support of military
action in and around Afghanistan violates an
international convention on the rights of children,
charging that the U.S. and British bombing of the
country has worsened the living conditions of children
there.

They demanded that the government not dispatch any
more SDF units to the Arabian Sea and other areas, and
order SDF ships currently in the area to return to
Japan.

In addition, the plaintiffs demanded the government
pay each of them 10,000 yen in compensation, saying
the antiterrorism law violates their constitutional
right to live in peace.

"Our constitutional right to live in peace cannot be
realized by the sacrifice of innocent Afghan people
who have faced bloodshed," the complaint states.

Takashi Suga, head of the lawyers, said: "Japan has at
last launched military activities by supplying oil and
materials to the U.S.-led forces. The plaintiffs
cannot help but ask the court to stop this."

Toshiko Tachibana of the city of Saitama said: "We
filed this lawsuit as we hope to live in peace. We do
not want to take someone's life and we do not want to
do the devil's work."

The government in May announced an extension of the
SDF's six-month mission in the Arabian Sea and other
areas, which began Nov. 20, through Nov. 19, on the
grounds that the risk of further terrorist acts
against the U.S. and its allies remains high.

The antiterrorism law restricts the SDF's activities
to providing logistic support to the U.S.-led forces
waging a military campaign against terrorism, but
critics say the extension of the deadline may ensnare
Japan in a wider U.S. war against terrorism, including
possible military strikes against Iraq.

The Constitution states in its preamble that the
Japanese people "recognize that all peoples of the
world have the right to live in peace, free from fear
and want."

Article 9 states 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."



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