By the way, we Japanese has a very interesting law about a crime related to
foreign aggression.
The law is called 外患罪 (gaikanzai), and it is the heaviest law. I wonder
who the law applies to.
https://ja.wikipedia.org/wiki/外患罪
It has no English page. This is a Googl* translation:
>External crimes are crimes that provide military benefits such as conspiring
with foreign countries to exercise force against Japan, or taking part in the
case of foreign use of force against Japan. It is. Currently, crimes for
attracting foreign patients (criminal law Article 81) and external aid
assistance crimes (criminal law article 82) are stipulated. Although it is
the most felony of the crimes prescribed by the Penal Code, no examples have
been applied to date.
> Outline
External crime is a crime against the existence of the nation. It is a war
crime that acts as a rebellion against the state (selling act) and imposes
the most severe punishment in the criminal law. It is peculiar in that it can
be punished by conspiracy as well as attempted and reserved. Whilst internal
crimes make the state's internal existence a protective benefit, external
crimes make the state's external existence a protective benefit.
Regarding the sin of this sin, there are theories that it is a violation of
the nation's duty of loyalty [1] and theories that it punishes the compromise
of the existence of the state [2].
This offense applies not only to domestic offenders but also to foreign
offenders (Article 1 of the Penal Code and Article 3 of the Penal Code).
Usually, “exercise of armed force” is understood not to mean a war under
international law, but what is armed force (for example, the use of domestic
SDF or police equipment and personnel) and what means? There is no clear
legal interpretation as to whether or not it is exercised. In the case of a
national overthrow, such as a coup d'état, there is a crime of civil war.
Because it is a very powerful law and directly linked to diplomatic issues,
both the prosecution side (prosecution) and the referee side (court) are very
reluctant to apply. Absent. The application was examined in the Sorge case,
which was prosecuted in 1942, but it was postponed due to difficulties in
maintaining the trial, and was prosecuted by the National Defense Security
Act and the Security Maintenance Act.
The crimes for attracting foreign patients and crimes for assisting foreign
patients are subject to the judicial system, but if they are applied and
found guilty, they are inevitably related to war. In addition, there is a
provision in the Judge System that can be excluded from eligible cases for
“Cases where there is a risk of harm to the judges and relatives and it is
difficult for the judges to be involved” (Article 3 of the Judges Act). .
Originally, it was a text premised on the occurrence of war conditions and
the presence of military forces, but in connection with Article 9 of the
Constitution of Japan, the “Law to Revise Part of the Criminal Code” of
1947 (Showa 22) Act No. 124 of 22) was fundamentally amended, and the words
such as “Kashime no Kasame” and “Enemy Country News”, as well as acts
against hostile acts (Articles 83 to 86) and wartime allies ( Article 89) and
other provisions that mean that the Japanese government is a party to the war
have been deleted or amended. However, the use of force is still a
prerequisite (it does not respond to cyber attacks and economic warfare
including finance and currency).
A comparison of the old and new penal code is as follows...
