歴史的視点からみた憲法第9条第2項

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The purpose of this paper is to study the meaning of the article 9-2 of the Constitution of Japan which prohibts the maintenance of land, sea, and air forces as well as other war potential. We will approach this subject from some hstorical viewpoints, namely, 1)from a long-term historical viewpoint: a history of international organization plans and historical change of the legal use of force, 2) from a medium-term historical viewpoint: the influence of total war, and 3) from a short-term historical view- point: the multiplicity of war and security from 1990s. 1)The collective security plans from the Middle Ages to the 20th century had some common features which can be presented as follows, a) A generaluniversal international organization should be founded. And all member states must attend the international assembly and codify international laws, b) Individual alliances should not be approved. c)The collective security must prohibit the use of armed force as means of settling international disputes and complete the system for peacefull settlement. d)The international organization should use the sanctions against illegal states and all member states are obliged to participate in this operations, e) Every member state must reduce its ar- mament. f)The international organization must restrict member states to resorting to arms and substitute the common military enforcement measure for self-defence. On the other hand, it is often considered that the political body which have the legal right to use force developed from Sippe (clan) in the ancient Germanic race, to the local powers in the medieval times, to the kings as sovereign powers in the early modern Europe, and at last to the nation states in the modern times. From these longterm historical survey we can point out that the military system in which the nation states monoplize the right to use force is not always self-evident, and it is not impossible that the armed forces of individal states will be assigned to the interanational organization in the future. 2) The total war system whose prototype was made in the era of the French Revolution came to the surface in the First World War and brought the untold destructive influence on mankind in the Second World War. In the total war the belligerent powers attack the mutual home fronts indiscriminately and to strenghen defencive means provokes the developement of more destructive weapons. These endless arms race took a safety zone away from all mankind. On the other hand in the total war system the political and social constitution of states is changed radically in order to prepare for the military crisis and to win the war, and as a result the fundamental human rights is repressed thoroughly. From this medium-range histrical point of view, we can point out that in the toal war system the maintenance of strong armed forces does not always make us live in security and on the contrary it brings us a danger of menacing freedom. 3) After the fall of the Cold War and by the development of information technology, we face some new aspects of war, peace, and security. The multiplicity of "weapons", "battle fields", "opposition groups", and so on are proceeding. Now the war between nation states is not the only central problem of peace and war, and the maintenance of strong weapons does not always secure the peace. On the other hand "Human Security" has appeared as a new concept in international politics, and the value of the nonmilitary activity to support the developing countries is drawing the attention in the international society. From 1)-3) we can draw the following conclusions, a) That only the nation states have the legal right to maintain the armed forces is not necessary an univesal phenomenon, and conseqently it is not impossible that the interanational organization will have a right to use the aramed forces of all member states systematically in the future. b)An unarmed state is not more vulnerable than heavy-armed states both in the total war and the multiplicity of war. c) Nonmilitary measures of the Human Security can make a certain contribution to internationl security. Therefore, d)we can regard the policy of the article 9-2 of the Constitution of Japan as a legitimate and pioneer alternative in the collective security, and we Japanese must construct the new system in order to play an important role in the nonmilitary spheres and to occupy an honored place in the internationl society.
北海道東海大学の論文

著者

武田昌之
国際文化学部地域創造学科

歴史的視点からみた憲法第9条第2項

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