Humanitarian Law in Japan

World Report 2021: Japan | Human Rights Watch

International humanitarian law failed in the Rwandan genocide because civilians were directly targeted in the violence which is a violation of humanitarian laws. Personally, I think the question of whether or not the US should have intervened in Rwanda is tricky one, because on the one hand, their intervention could have minimized casualties and saved lives, however, we have also seen time and time again that US intervention often causes more harm then good.

Humanitarian law is a set of internationally agreed upon rules that aim to limit the effects of armed conflicts by attempting to set boundaries to war that protect the human rights of all those involved. Japan’s constitution upholds these humanitarian laws and has continued to make significant and constructive contributions towards the establishment of the rule of law. Although there have been no genocides within or perpetuated by Japan, there have been two significant massacres. The first one was the Kantō Massacre which occurred in 1923 when Japanese military, police and vigilantes committed the mass murder of Koreans living within the Kantō region. The second one, known as Nanjing Massacre or the Rape of Nanjing, happened on Chinese soil, but was perpetrated by Japan. This six-week mass murder of Chinese civilians in Nanjing is considered one of the worst atrocities committed during World War II. In both instances, the Japanese government attempted to hide the true scale of atrocities committed, and tensions between Chinese citizens, Korean citizens, and Japanese citizens continue to run high.

Fundamental human rights are formally protected under Chapter III of the Japanese Constitution and the wording of these articles are very similar to the wording with the UDHR. However, there is no law within the constitution that prohibits discrimination based on one’s racial, ethnic, religious, sexual or gender identity.

 

Sources:

Japanese Constitution

Overview: Human Rights in Japan

Kantō Massacre

Nanjing Massacre

Japan International Law

ICRC: Japan

Humanitarian Law

Rules of War

IHL in China

China: Tenth international humanitarian law moot court opens in Beijing |  International Committee of the Red Cross International humanitarian law is defined by the international red cross as a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict. China has agreements in place, in theory supporting international humanitarian law.  China is a party to major international humanitarian treaties, including the Geneva Conventions Convention of 1949 and two Additional Protocols of 1977. Additionally in 2007, China established the National Committee on International Humanitarian Law to promote the coordination, promotion and application of IHL throughout China. It has also hosted multiple International Committee of the Red Cross seminars to discuss International Humanitarian Law. However, in practice China is violating many human rights. They definitely have the asian view that values such as social and economic rights take precedence over civil and political rights. Also they have values such as rights are a matter of national sovereignty and other governments should not interfere. The treatment of the Uyghurs are China’s most obvious human right violations. They are putting them in modern day concentration camps and torturing them. This is a very clear ethnic genocide. China’s official policy of diluting and reducing the Uyghurs population obviously violates international human rights law. Furthermore, their treatment of the Uyghurs also violates the Universal Declaration of Human Rights (UDHR); International Covenant on Economic, Social and Cultural Rights (ICESCR); International Convention on the Elimination of All Forms of Racial Discrimination (ICRD); and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), all ratified by China. To top it off, the campaign against the Uyghurs even violates China’s own constitution. So even though China technically has agreed to many human right and humanitarian law treaties, they are not following them at all. 

The Chinese government is hunting down Uyghurs around the world with help  from some surprising countries

https://www.icrc.org/en/doc/assets/files/other/what_is_ihl.pdf https://www.icrc.org/en/document/china-experts-renew-commitment-geneva-conventions-during-seminar-mark-70th-anniversary 

https://www.un.org/en/ga/sixth/63/Addtl_Prot_TEXT/China.pdf https://news.un.org/en/story/2022/08/1125932 https://www.justsecurity.org/72074/how-china-is-violating-human-rights-treaties-and-its-own-constitution-in-xinjiang/

 

Queer Rights in Japan

Japan's Same-Sex Marriage Ban Ruled Unconstitutional By District Court : NPR

Although Japan is a very modernized country, its conservative culture has led to high levels of discrimination, especially towards the queer community. In the Japan, there is no law prohibiting discrimination based on sexual orientation or gender identity. This lack of protection has allowed queerphobic hate crimes to go unidentified, putting queer Japanese at high risk. Furthermore, Article 24 of the Japanese Constitution only grants marriage rights to same-sex couples, affectively banning gay marriages within Japan. The law reads, “Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.” Although the law itself is not specifically queerphobic, the lack of very definitive language of husband and wife exclude queer couples from representation under this law.

Plaintiffs march to the Osaka District Court before a judgment on same-sex marriage in Osaka City, Osaka Prefecture on June 20, 2022. (The Yomiuri Shimbun/AP Images)

In 2019 14 queer filed law suits against the Japanese government on grounds of violating their rights to free union and equality. Unfortunately, on June 20 of this year, the court rejected their demands for 1 million yen, claiming that the country’s ban on same-sex marriage e does not violate the constitution, thus upholding their legal discrimination against members of the LGBTQIA+ community. This ruling serves as setback for queer activists in Japan and indicates the country’s unwillingness to modernize their culture.

 

Sources:

https://time.com/6189670/japan-same-sex-marriage-lgbt/

https://www.amnesty.org/en/location/asia-and-the-pacific/east-asia/japan/report-japan/

https://www.hrw.org/world-report/2021/country-chapters/japan

https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html

https://www.npr.org/2022/06/20/1106313824/japan-court-ban-on-same-sex-marriage-constitutional

China, ethnocentrism, and human rights

Online Event: Popular Nationalism in a Rising China | Center for Strategic and International StudiesSo ethnocentrism is the belief that the people, customs, and traditions of your own race or country are better than those of other races or countries: It also means believing that the way you’re used to doing things is the only right way to do them, and that people or cultures that do things differently are inherently wrong. China is a very nationalist country whose nationalism is ethnic based and built upon cultural superiority. Ever since Mao Zedong declared that “the Chinese people stood up” when the People’s Republic of China was founded, the story of foreign power humiliation has fueled Chinese nationalism. Although China has embraced some Western modernization and made English a compulsory subject in primary schools, the attachment to its historical power has largely remained. China’s nationalist narrative encourages double standards and racism. In cases of discrimination against Chinese people and cultures, the general basis for criticism is that the behavior offends China rather than talking about the moral basis of anti-racism. Also, the human rights situation is continuing to get worse in an increasingly communist China. Lawyers and human rights activists reported instances of harassment and intimidation; unfair trials; as well as torture and other ill-treatment solely for exercising their rights to free speech. The government continues to indoctrinate Muslims living in Xinjiang, mass arbitrary detainees, torture and forced cultural assimilation. There are thousands of Uyghur children separated from their parents. Furthermore, Hong Kong’s national security law has resulted in unprecedented human rights abuses since the special administrative region was established. Authorities have rapidly expanded Hong Kong’s national security legal system over the past year, further broadening the definition of a national security threat. In March 2021, the mainland legislature approved a decision to reduce the number of directly elected seats on the Hong Kong Legislative Council electionHong Kong's Protesters Should Look to Solidarity, not Tiananmen - The Atlantic committee and to allow the state security police to investigate all candidates before they run for election. There is also a huge amount of censoring from websites to movies to apps, China is restricting the amount of information allowed in.

https://www.vocabulary.com/dictionary/ethnocentrismhttps://dictionary.cambridge.org/us/dictionary/english/ethnocentrismhttps://thediplomat.com/2019/12/when-chinese-peoples-feelings-are-the-only-feelings-that-matter/https://www.amnesty.org/en/location/asia-and-the-pacific/east-asia/china/report-china/