Some Issues in Armed Conflict and Human Rights: Issues Toward Human Rights and Applicable Law in the Battlefield

Authors

Hiroshi Saito, Takasaki City University of EconomicsFollow

Keywords

Human rights, Armed conflict, Internatiional law, Domestic law, Japanese region and territory

Received Date

9-17-2024

Revised Date

10-9-2024

Accepted Date

10-16-2024

Publication Date

3-28-2025

Abstract

In recent years, Japan’s legal system regarding defense has improved, but little research has been conducted on what would happen if Japanese territory became a battlefield. Due to the Japan–US Security Treaty and the Japan–US Status of Forces Agreement, Japanese territory could technically become a space for armed conflict in the wake of US military action. If this happened, various legal issues would arise, but under the Japanese Constitution and domestic laws, which are primarily concerned with the protection of human rights, there would be a dual application of international humanitarian law and domestic laws including the Constitution. An important question arises as to what human rights would be guaranteed under the Constitution and to what extent, or whether they would be restricted. This study highlights the legal problems associated with this issue through a wide-ranging approach and suggests the need for further study.

Creative Commons License

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Recommended Citation

Saito, Hiroshi (2025) "Some Issues in Armed Conflict and Human Rights: Issues Toward Human Rights and Applicable Law in the Battlefield," Japanese Society and Culture: Vol. 7, Article 9.
DOI: 10.52882/2434-1738-0709
Available at: https://gensoken.toyo.ac.jp/japanese-society-and-culture/vol7/iss/9