Search

This essay provides an interpretation of Article 9 of the Constitution of Japan by illustrating the fact that the provision was originally designed to require Japan to comply with contemporary international law. This essay thus criticizes the traditional interpretation of Japanese constitutional lawyers, who sought to emphasize the distinctiveness of the provision by ignoring its purpose. This essay emphasizes that Article 9 (1) is intended to reinforce the Kellogg ― Briand Pact of 1928 and the Charter of the United Nations of 1945. The Prohibition of “war potential” in Article 9 (2) should be understood in line with the first paragraph. “War” of “war potential” of the second paragraph is in the end the illegal action in contemporary international law. Thus, the second paragraph only indicates the prohibition of the possession of the means to conduct illegal actions. The renunciation of “the right of belligerency of the state” of Article 9 (2) is the provision of non-recognition of the illegal concept in the eyes of international law. Article 9 (2) only repudiates the claim in the wartime Japanese Empire against international law. In conclusion, Article 9 is the declaration of Japan to comply with contemporary international law and cannot be regarded as a provision to renounce the legitimate right of self-defense and the military means to exercise it., This essay is a revised version of the same author’s essay in Japanese language, 篠田英朗「現代国際法と日本国憲法の整合性の解明～従来の憲法学通説の 9 条解釈の問題点～」, in Hiroshima Peace Science 41 (2019) . While this essay is not a direct translation, the substance is almost identical.

application/pdf, 本稿は，平成29年12月13日に行われた香川大学法学会講演会の記録である。

This essay is intended to analyze the debate on the withdrawal from the ICC by African states. First, it examines the background of the debate. Second, it carefully looks at the contents of the Withdrawal Strategy Document by the AU. In so doing, this essay illustrates the nature of the issue as the dilemmas between politics and law, peace and justice, and regionalism and universalism. There is a general growing trend of multi-layered security structures of international society in relation to the principles of local ownership, empowerment and partnership. The essay argues that there is room for the ICC’s endeavors to advance “positive complementarity.”

This essay is intended to analyze the current state of UN peace operations by looking at the Report of the High-level Independent Panel on Peace Operations (HIPPO). The essay argues that the key messages of the HIPPO Report, primacy of politics and stronger partnership, even if less innovative, should be regarded as important reflections of contemporary international peace operations in the 21st century, the age of the War on Terror. In the end UN peace operations need to find their roles in international society by carefully examining their possible functions in reality.

Peacebuilding and the Ownership of Local Society in Sri Lanka

The Conflict situations in West Africa have been characterized by intra state conflicts and struggle for identity, recognition and legitimacy all of which are constant factors in promoting human security. In the midst of this strategic shift in security challenges within the sub region, the Economic Community of West African States (ECOWAS) operationalized an early warning system as a mechanism to support conflict prevention and peacebuilding. This process has been supported by member states, security sector structures and West Africa Network for Peace building (WANEP) that has the largest presence of civil society networks in the sub region. This article is an attempt to present an assessment of the operationalization of the ECOWAS early warning system looking at the historical context of the process and putting problems into perspectives. It also covers conceptual analysis of early warning and builds on its connection to early response and the initiatives that have been putforward so far in engendering the early warning system. The analysis covers the operational workings of the system, ECOWAS partnership with WANEP, and an overall review of the strength, opportunities, weaknesses and challenges in the ECOWAS early warning structure and its output in addressing security challenges in West Africa.

The Responsibility to Protect (R2P) has recently drawn great attention in international society. With the end of the prolonged armed conflict, the case of Sri Lanka is often regarded as a contemporary critical case for R2P, since the government of Sri Lanka has been accused by Western sources in the international community for its alleged commitments to war crimes in the last phase of the war. This article argues that what the spirit of R2P really requires us to examine is how to protect victims in war-affected areas. R2P admits that the primary responsibility to protect citizens lies with the national government. While indentifying war crimes and punishing war criminals is a necessary action for the prevention of further atrocities in the future. However, it does not help victims directly. The international community is not exercising R2P by accusing the government, while there are many possibilities which both the international community and the government of Sri Lanka can pursue for the protection of people. The case of Sri Lanka would compel us to think more flexibly to achieve the goal of R2P.

This paper explores the importance of "ownership of local society" in the context of peacebuilding. While the principle of "local ownership" is well established in international society, its strategic implications in peacebuilding have not yet been fully examined. This paper first provides a systematic recognition of the importance of "ownership of local society" in the context of peacebuilding. The paper introduces the concepts of legitimacy, willingness, capacity, and activeness in order to illustrate the strategic thinking of peacebuilding to meaningfully develop "ownership of local society" in the context of peacebuilding. Then, second, the paper identifies major bearers of "ownership of local society" and examined their possibilities from the perspective of peacebuilding. The enriched concept of "ownership" should not exclusively exercised by the national government. Local administrations as well as civil society organizations also have crucial roles to play as implementers of "ownership of local society" in the context of peacebuilding. The third section of the paper illustrates the relevance of the issue in each of main policy areas of peacebuilding. By doing so, the paper aims to show how those who are engaged in peacebuilding should take into consideration the strategic importance of "ownership of local society" in the context of peacebuilding.

現代平和構築活動の視点から見た広島の戦後復興史

The principle of local ownership is an established doctrine in international society. It is so in the field of international peace operations or a wider area of international cooperation. However, there are difficulties in achieving the principle in reality. Particularly because recent international peace operations often take place in fragile states, the achievement of local ownership is a highly critical as well as difficult goal. The perspective of "capacity development" is often emphasized in the field of developmental aid and has also been referred to in peacebuilding activities. But as in developmental aid, capacity development programs for peacebuilding also face theoretical as well as practical difficulties. This paper takes the position that international peacebuilders should not and cannot abandon the principle of local ownership and the perspective of capacity development, while it is a matter of course that we need to take into consideration the limits and the difficulties in conducting peacebuilding in accordance with the principle and the perspective. The paper thus identifies and analyzes the nature and predicaments of the principle of local ownership in peacebuilding and then discusses what kind of policy implications for capacity development ought to be found as a result.

「国際平和活動における民軍関係の課題」第一部「民軍関係と学術研究」第1章

The principle of impartiality symbolizes the change in the doctrines of UN peacekeeping operations and also the shift of understanding of international order. The traditional UN PKO had a principle of neutrality. But in the 1990s there were serious failures of peacekeeping operations and there appeared cries for change in PKO doctrines. Secretary-General Kofi Annan intentionally distinguished between neutrality and impartiality in favor of the latter. The Brahimi Report and the Capstone Doctrine crystalized Annan’s initiative in defense of impartiality. The difference between neutrality and impartiality is one major issue in the 21st century. It can be noted that there is a change in understandings of international order behind the emergence of the principle of impartiality as a key doctrine of the shift in contents of UN PKOs. The paper argues that the principle of impartiality ushered in the spread of robust operations. Impartiality explains how UN PKOs accommodate new doctrines like protection of civilians (POC) and frequent use of Chapter VII authorities, since impartiality requires more principled peace operations based upon international normative standards of international humanitarian law and international human rights law. This paper then illustrates how the principle of impartiality is crucial in many recent cases of UN PKOs including UNAMID, MONUSCO, UNMISS, MINUSMA, MINUSCA.

This essay seeks to look at the case of “rule of law approach" of peacebuilding in Bosnia and Herzegovina from the perspective of the Report by the United Nations Secretary-General Kofi Annan concerning the rule of law in conflict and post-conflict societies. The first section of the essay carefully examines the contents of the Annan's Report issued in 2004. The second section provides an overview of “rule of law" related peacebuilding activities in Bosnia. The third section contemplates the implications of peacebuilding activities in Bosnia, given the issues raised by Annan's Report. The essay finds two characteristics in Bosnia that would explain the arguments in Annan's Report. One is a growing demand for domestic reforms in justice sectors. The other is growing recognition of strategic importance of the rule of law in comparison with other principles like democracy.

The Advisory Opinion of the International Court of Justice on the legality ofthe use and the threat of nuclear weapons on July 8, 1996, was a historic achievement inthe history of debates on the legality of nuclear weapons. It drew great attention ofacademics, governments, and civil society organizations and is now recognized as animportant milestone for those who are interested in the issue of nuclear weapons.However, this does not mean that the Opinion concluded the debate on the legality ofnuclear weapons. Rather, it stimulated further discussions and created new problems onthe issue of the legality of nuclear weapons. This article is intended to examine theOpinion in order to identify the polemics that concern the very normative framework ofcurrent international society. The main focal point is the jus cogens character ofinternational humanitarian law, which the Court avoided. In so doing, this articleidentifies the confusion in the Opinion and among the Judges about the relationshipbetween jus in bello and jus ad bellum applied to the use and the threat of nuclearweapons. The article also argues that the notorious concept of “an extreme circumstanceof self-defence, in which the very survival of a State would be at stake" was anunfortunate result of sterile understanding of the relationship between law and politics.

This paper seeks to examine international assistance in domestic elections thathas rapidly grown since the end of the Cold War. The phenomenon reflects theinternational environment in which state sovereignty does not hinder the spreadof liberal values across borders. The first section of this paper describesthe historical development of international electoral assistance in the modernage and identifies its rapid rise in the last decade. The paper next examinesvarious international organs of electoral assistance ranging from electoralassistance bodies of the United Nations to major international NGOs. Finally,the paper provides a theoretical discussion on international electoralassistance. In so doing, it argues that the rise of international electoralassistance in the post-Cold War signifies the values of peace, human rightsand democracy that are combined as a set of international normative standards.

Indigenous Methods of Peacebuilding in Africa

Peacebuilding and the Ownership of Local Society in Sierra Leone

Asia Peacebuilding in South Asia : Challenges and Opportunities

This article examines the principle of ownership of local society for peacebuilding by looking at the process of statebuilding. In so doing, the article takes the examples of Sierra Leone and Sri Lanka in order to examine different cases of post-conflict peacebuilding in light of the difficulty and complexity of the ownership of local society in relation to various types of statebuilding. The first section provides an overall framework of the relationship of the issue of ownership of local society with the statebuilding process. The article introduces the concept of "neopatrimonialism" in order to highlight the predicament of peacebuilding from the perspective of the statebuilding process. The second section looks at the case of Sierra Leone by describing its post-conflict peacebuilding as a process of creating a post-neopatrimonial liberal democracy. The case of Sierra Leone shows the possibility and difficulty of implanting liberal democracy in post-conflict society in Africa. The third section deals with the case of Sri Lanka by describing the nature of its post-conflict peacebuilding as an Asian-style developmental authoritarianism. The case of Sri Lanka shows the possibility and difficulty of developing a unified state in post-conflict society in Asia in the environment of contemporary international society. The concluding section summarizes the importance of analyzing the ownership of local society in the context of peacebuilding.

「平和構築と治安部門改革(SSR) : 開発と安全保障の視点から」第一部「SSRの概要」第2章

This article examines the issue of enhancement of ownership of local society for peacebuilding from the historical, theoretical and policy-oriented perspectives. First, this article describes how the principles of local ownership emerged as an important principle in history of international society and what significance it has in the framework of contemporary international society. It then identifies that the principle of local ownership for long-term peace has crucial importance for peacebuilding, since contemporary international order is based upon the assumption that each sovereign state has autonomous capacity to maintain its own order. Next, this article seeks examine theoretical pillars of local ownership in peacebuilding. While the contents of ownership are usually said to be vague, will, capacity, authority and responsibility are useful concepts to identify what ownership ought to mean. Third, this article examines how the principle of local ownership is discussed in the field of peacebuilding. Then, it identifies the limit of the way international organizations adopt the principle of local ownership.

Contributors ii Introduction: A Need for 'Change' in the Peacebuilding Strategy for Afghanistan / Yuji Uesugi 1 Chapter 1: What Was Wrong With Afghanistan? Reflection upon the Past and Prospect for the Future / Hideaki Shinoda 13 Chapter 2: Examining Regime Change Dynamics in Afghanistan through Relationships between States and Armed Groups / Tatsuo Yamane 25 Chapter 3: Security Sector Reform in Afghanistan / Masoon Stanekzai and Masaki Kudo 39 Chapter 4: Assessing the Role of DDR in Afghanistan: Internal Security Provision and External Environment / Shamsul Hadi Shams 55 Chapter 5: Impact of Illicit Drugs on the Afghan Peacebuilding Process and the Establishment of the Rule of Law / Miwa Kato 77 Chapter 6: Transitional Justice in the Afghan Peacebuilding Process: The Potential and Limitations / Madoka Futamura 101 Chapter 7: Japanese Assistance to the Security Sector in Afghanistan / Nobutaka Miyahara 119 Chapter 8: Breaking the Vicious Cycle of Insecurity: Counter-insurgency in Afghanistan / Yuji Uesugi 131

松尾雅嗣教授退職記念論文集 平和学を拓く

Peace and Human Security

SHINODA Hideaki(eds.) : Post-war Reconstruction of Hiroshima: From the Perspective of Contemporary Peacebuilding

This preliminary work on the validity of strategies of SSR in peacebuilding identifies two ways of justifying SSR; the negative and the positive. The negative justification is derived from the political need for a termination of military intervention in the aftermath of an armed conflict. The positive justification is based upon the observation of domestic needs of developing peacebuilding activities in the security field within the framework of a certain political goal like the establishment of the rule of law. The paper argues that while the two are not contradictory to each other, the emphasis upon one element may distract attention from appropriate careful examinations of the other., 冊子版でのページ数はpp.89-107

Since the conclusion of the Oslo Agreement in September 1993, the international community has been providing humanitarian and development assistance to Palestinian people. The assistance, amounting to $6.5 billion until 2004, aims at improving living conditions and supporting economic self-reliance and institution building of the Palestinian Authority. It is obvious that “confidence building" and “reconciliation" between Palestine and Israel are the final goal for the assistance. However, they are the most difficult and challenging issues at the same time. JICA has been implementing technical assistance for the Palestinian Authority since 1993. JICA recognizes the “confidence building" projects as a priority target, although there are some constraints that derive from its historical background and political situation. In order to tackle them, it is necessary to understand the unique situation of the region. This paper seeks to identify the difficulties and challenges for the “confidence building" and “reconciliation" and to propose possible assistance in the future.

This essay is a preliminary research note on “Security Sector Reform (SSR)" as part of peacebuilding in African countries. It looks at the cases of UN peacekeeping missions in Africa and identifies elements of SSR in them. First of all, this essay starts with recalling UN Secretary-General, Kofi Annan's Report in 1998 on conflict causes in Africa, while arguing that the theoretical foundation of SSR in Africa was prepared in the Report. Next, the essay summarizes the record of SSR related UN peacekeeping missions in Africa and finds that its elements evolved conspicuously after 1997, the year Annan became the Secretary-General. The essay then focuses on the case of the UN mission in the Democratic Republic of the Congo, which is the largest UN peacekeeping mission at the moment.

This paper aims to illuminate how the rule of law is understood in international peace-building activities by looking at the case of Bosnia and Herzegovina. The case is selected since the European countries and the United States that are leading peace-building in Bosnia and Herzegovina have a distinct tendency to emphasize the rule of law in the context of peace-building. While there are more various international rganizations that are given peace-building tasks by the Dayton Peace Agreement of 1995, the paper focuses on the Office of High Representative, the Organization of Security and Cooperation in Europe, the UN's and EU's police missions, as they have leading roles in rule-of-law related activities. The paper finds that the rule of law is now recognized more important than before. The paper argues that it is because democracy has lost importance as a peace-building strategy. In Bosnia and Herzegovina where ethnicity-based forces have kept power through the post-conflict elections, democracy does not appear to be an effective tool for peace-building. The rule of law is understood as a strategy to develop the remedies which democracy may fail to create and is expected to pave the way for more solid peace.

This essay aims to explore the functions of what it calls “the rule of law approach of peace-building." Following a conceptual exploration of “peace-building" in an article of this journal's last issue, the author further discusses activities relating to “the rule of law approach of peace-building" by classifying them into four categories.First, the essay illuminates the importance of peace agreements that are usually intended to set up a de fact constitutional framework of peace processes. Then it argues that electoral assistance constitutes a crucial phase of the rule of law approach, since a post-conflict election establishes legitimacy for a peace process and a new government and also paves the way for democratic peace. Third, the essay discusses the function of law enforcement activities such as assisting or rebuilding international or local police and military personnel. The fourth category is judiciary. Various international and local war crimes tribunals as well as truth and reconciliation commissions have become indispensable factors in peace-building.

This essay aims to reconsider and refine the concept of peace building in light ofpractical and strategic interests of international peace operations. Peace-buildinggenerally refers to activities to solidify structures for stable peace in conflict riddensociety. As it is understood to include so many divergent activities conducted byinternational organizations, governments, NGOs and so on, it tends to lack coherentperspectives. As a result, the contents of peace-building remain ambiguous. The essay- 22 -does not attempt to provide a philosophical definition of peace-building; instead, itseeks to identify a logic according to which practitioners as well as researchers cancoordinate and comprehend various peace-building activities in a “strategic" manner.The essay first looks at the development of discussions on the concept ofpeace-building in the past 10 years, mainly focusing on documents of the UnitedNations. In so doing, it identifies the background of recent modifications of the concept.Then it seeks to clarify some “strategic " ways of understanding peace-building. As thisessay is part of the author 's ongoing project on “the rule of law approach ofpeace-building," it finally indicates a conceptual road map leading refinement of theconcept of peace-building to broader issues of international peace operations.