Monday, March 26, 2018

Military courts for Japan? Not likely

Jeffrey W. Hornung, writing here in War on the Rocks about possible changes to the Japanese Constitution:
Opponents have also suggested that the revision could lead to the establishment of military tribunals. Even if the SDF are legally recognized as a military, there will be no change in how SDF personnel are treated in Japan’s judicial system. The SDF currently has no military justice system with military tribunals; if a member of the SDF breaks the law, he or she is subject to the same penal code and courts as other Japanese citizens. To establish military tribunals, Japan must revise Article 76 of the constitution to recognize the existence of special courts. While [Prime Minister Shinzo] Abe has referred to several other articles he would consider revising, he has never made any public reference to Article 76.

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