HONOLULU -- Japan's violent pursuit of a suspected North Korean boat in the East China Sea has prompted both domestic and international controversy. Domestic opposition critics are questioning Japan's right to use force on the "high seas" and are using this incident to argue against expanding Japan's military activities. Prime Minister Junchiro Koizumi may use this incident to justify his plans to strengthen the military and its authority. He also wants to pass a law allowing such suspect foreign ships in Japan's 200-mile exclusive economic zone to be arrested and, if they resist, to be fired upon. A law allowing such actions in Japan's 12-mile territorial sea was passed last November.
The limits on the use of force in such situations are vague and there are precedents for such extreme measures. For example, Russian patrol boats and aircraft frequently fire on vessels illegally fishing in its claimed waters. However, Japan's promulgation and "blanket" implementation of such a law for its EEZ could lead to incidents with Russia, South Korea and China.
Japan has frequently detained South Korean boats allegedly fishing illegally in its EEZ, and in late September a Japan Coast Guard vessel even rammed and sank one such boat. Moreover, Japan has an ongoing dispute with China concerning Chinese scientific research and even alleged "spy" vessels operating in Japan's claimed EEZ. The domestic legal sanctioning of the tactics used in this incident could also amount to a new interpretation of international law that maritime powers, including the United States, may well oppose.