The Diet has enacted a law that will enable the dispatch of the Self-Defense Forces for antipiracy missions at any time and anywhere in the world. Two Maritime Self-Defense Force helicopter destroyers are now in the Gulf of Aden off Somalia, joined by two P3C antisubmarine patrol planes. Their antipiracy mission is based on the "maritime police actions" clause of the SDF Law. The legal basis of the mission will be changed soon.

Although the new law gives the Japan Coast Guard (JCG) a primary role in antipiracy operations, the reality is that the SDF does the main job of escorting merchant ships in seas distant from Japan. The government should strengthen the JCG's capabilities to enable it to play the leading role. This would also help prevent possible diplomatic rows.

At present, the SDF is allowed only to escort Japan-related ships and its use of weapons is limited to legitimate self-defense. The new law allows it to escort foreign ships and fire at pirate boats if they ignore warning signals and approach merchant ships.

Prime Minister Taro Aso insisted that prior approval by the Diet before SDF dispatch is unnecessary on the grounds that the use of weapons against pirates, who are criminals, does not constitute a military action as prohibited by the Constitution. Even if the government's interpretation is correct, the SDF's antipiracy missions, whether they involve the use of weapons or not, are constitutionally and politically sensitive. The law should have included a clause requiring prior approval by the Diet before the dispatch of the SDF for antipiracy missions.

The government and the ruling coalition also should not use the law as a stepping stone to expand the use of weapons in other SDF missions overseas or to establish a law that would allow the dispatch the SDF for peace cooperation missions abroad without the Diet's prior approval.

What would be more effective than Japan's SDF antipiracy mission aimed at Somali pirates would be the strengthening of antipiracy capabilities of neighboring countries. The JCG has done a lot to help improve such capabilities of Southeast Asia nations. Japan also should join hands with other countries to help stabilize Somalia's anarchic situation.