Home / News-archive / Campaign to Second Article 9 of the Japanese Constitution

Campaign to Second Article 9 of the Japanese Constitution

by Klaus Schlichtmann
In autumn 2017 three Japanese, Dr. Mikihiko Ohmori, Mr. Kazutoshi Abe, a professor of French, Mr. Toshi Uehara, and me, Klaus Schlichtmann, as advisor and liaison, started the “Campaign to Second Article 9 of the Japanese Constitution.” Peace Constitutions have a crucial role to play in establishing a genuine System of Collective Security.
The eminent professor of public law and philosophy of law, Professor Robert Alex from Kiel University, wrote some time ago, responding to the question whether the Japanese war-abolishing Article (Kriegsabschaffungsartikel) can be regarded as a public law ‘motion’: 
“A public law motion is an initiative that sets in motion a formal legislative process ... In that sense this war-abolishing Article is not a legislative initiative. It can be said, however, that it stakes a moral and political claim to the effect that the institution of war should be abolished. … On the basis of this claim, a formal proposition to abolish war as an institution could be made at the international level, especially at the UN.” 
This is the idea, to make a proposal in the UN General Assembly and initiate the process to abolish war as an institution? The ‘normative current’ of peace constitutions—in particular the relevant articles of the constitutions of France, Italy, Germany and Denmark etc. (see note)—suggests that such a legislative process is possible.
The "Campaign to Second A-9 in the UNGA" or “SA9 Campaign” addresses the more than 20 nations in the UN that have no military, and are thus ideally placed to be foremost in seconding the Japanese Article 9 and adopt it as the basis for a resolution for the abolition of war as an institution. Besides initiating a debate in the UN General Assembly on the issue, countries also should pass legislation in their parliaments to transfer security sovereignty (Jan Tinbergen) to the United Nations.
We are calling for an Open DEBATE! 

Support the SA9 Campaign! 
1946: FRANCE: On condition of reciprocity, France accepts the limitations of sovereignty necessary for the organization and defense of peace. (Preamble, Constitution of 27 October 1946, stands confirmed in the Constitution of 4 October 1958) 
1947: JAPAN: Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as a means for settling international disputes. - In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential will never be maintained. The right of belligerency of the state will not be recognized. (Article 9, Constitution of 3 May 1947)  
1948: ITALY: Italy renounces war as an instrument of offense to the liberty of other peoples or as a means of settlement in international disputes, and, on conditions of equality with other states, agrees to the limitations of her sovereignty necessary to an organization which will ensure peace and justice among nations, and promotes and encourages international organizations constituted for this purpose. (Article 11, Constitution of 1 January 1948)  
1949: GERMANY: (1) The Federation may by legislation transfer sovereign powers to international organizations. ... (2) With a view to maintaining peace the Federation may become a party to a system of collective security; in doing so it shall consent to such limitations upon its sovereign powers as will bring about and secure a peaceful and lasting order in Europe and among the nations of the world. ... (Article 24, Constitution of 23 May 1949)  
1953: DENMARK: Powers which according to this constitution rest with the authorities of the kingdom, can, through a bill, to a specifically defined extent, be transferred to international authorities, which are instituted by mutual agreement with other states to promote international legal order and cooperation. (Article 20, 5 June 1953)

©2001 - 2020 - Centro Studi sul Federalismo - Codice Fiscale 94067130016