Friday, April 18, 2008

War in Iraq and the Constitution

"NAGOYA -- The transportation of U.S. soldiers engaged in the Iraq war by Air Self-Defense Force (ASDF) troops is unconstitutional, an appeal court ruled on Thursday.

""The ASDF's mission to transport U.S. soldiers in Iraq constitutes a violation of Clause 1, Article 9 of the Constitution that bans the use of force," Presiding Judge Kunio Aoyama said as he handed down the ruling.

"The Nagoya High Court is the first court that declared the ASDF's activities, based on the Law Concerning the Special Measures on Humanitarian and Reconstruction Assistance in Iraq, as unconstitutional.

"However, the court dismissed 1,122 plaintiffs' demands for 10,000 yen each in compensation or a ban on the deployment.

"The suit was launched by seven groups of 3,268 plaintiffs between 2004 and 2006.

"In their suit, the plaintiffs claimed that the government's deployment of Self-Defense Force personnel, including ASDF troops, to Iraq in 2004 under the special measures law contravenes war-renouncing Article 9 of the Constitution and infringes on their right to live in peace.

"The lower court dismissed their suit, and 1,122 of the plaintiffs filed an appeal in the Nagoya High Court.

"The government has withdrawn Ground Self-Defense Force troops from Iraq while the ASDF is continuing its mission. "

By Mainichi Shimbun (4/17/2008), Link to article (last visited 4/18/2008)

2 comments:

Craig Martin said...

If you are interested, I have posted some further anaysis of this decision on my site, here:
http://craigxmartin.com/2008/04/the-nagoya-high-court-decision-on-japanese-forces-in-iraq/

Craig Martin said...

If you are interested, I have posted some further anaysis of this decision on my site, here:
http://craigxmartin.com/2008/04/
the-nagoya-high-court-decision-on-
japanese-forces-in-iraq/