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The Cords that Bind…

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JS Kaga. By Hunini – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=61129027

My latest at the Diplomat looks at some of the legal issues associated with Japan’s development and use of “offensive” weapons, especially in the service of anticipatory self-defense:

At the legal blog Lawfare, Masahiro Kurosaki has a useful account of the legal thinking on how the Japanese Constitution restricts the usage of offensive weapons. This affects not only the types of weapons that Japan can use, but also the tempo and pacing of their use, especially in reference to whether Japan could make an anticipatory response to an attack. This is to say, if the Japanese government obtained near-certain intelligence of an attack upon its territory, could it strike a missile launcher or airfield preemptively, in anticipation of the attack? The answer necessarily has implications for Japan’s ability to acquire “offensive” cruise missiles, as well as the role of reconnaissance and surveillance technology in Japan’s arsenal.

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