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Treaties, Constitutions, and Laws Against War

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David Swanson
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"(c) Receive the transfer of or control over nuclear weapons or other nuclear explosive devices directly or indirectly;

"(d) Use or threaten to use nuclear weapons or other nuclear explosive devices;

"(e) Assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Treaty;

"(f) Seek or receive any assistance, in any way, from anyone to engage in any activity prohibited to a State Party under this Treaty;

"(g) Allow any stationing, installation or deployment of any nuclear weapons or other nuclear explosive devices in its territory or at any place under its jurisdiction or control."

Parties to the Treaty are being added rapidly.

CONSTITUTIONS

Most of the national constitutions in existence can be read in full at https://constituteproject.org

Most of them explicitly state their support for treaties to which the nations are parties. Many explicitly support the UN Charter, even if they also contradict it. Several European constitutions explicitly limit national power in deference to the international rule of law. Several take further steps for peace and against war.

Costa Rica's constitution does not forbid war, but does ban the maintenance of a standing military: "The Army as a permanent institution is abolished." The U.S. and some other constitutions are written as if, or at least consistent with the idea that, a military will be temporarily created once there is a war, just like Costa Rica's but without the explicit abolition of a standing military. Typically, these constitutions limit the period of time (to one year or two years) for which a military can be funded. Typically, these governments have simply made it routine to go on funding their militaries anew each year.

The constitution of the Philippines echoes the Kellogg-Briand Pact by renouncing "war as an instrument of national policy."

The same language can be found in the Constitution of Japan. The preamble says, "We, the Japanese people, acting through our duly elected representatives in the National Diet, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government." And Article 9 reads: "Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized."

At the end of World War II, long-time Japanese diplomat and peace activist and new prime minister Kijuro Shidehara asked U.S. General Douglas MacArthur to outlaw war in a new Japanese constitution. In 1950, the U.S. government asked Japan to violate Article 9 and join a new war against North Korea. Japan refused. The same request and refusal was repeated for the war on Vietnam. Japan did, however, allow the U.S. to use bases in Japan, despite huge protest by the Japanese people. The erosion of Article 9 had begun. Japan refused to join in the First Gulf War, but provided token support, refueling ships, for the war on Afghanistan (which the Japanese prime minister openly said was a matter of conditioning the people of Japan for future war-making). Japan repaired U.S. ships and planes in Japan during the 2003 war on Iraq, although why a ship or plane that could make it from Iraq to Japan and back needed repairs was never explained. More recently, Japanese Prime Minister Shinzo Abe led the "reinterpretation" of Article 9 to mean the opposite of what it says. Despite such reinterpretation, there is a move afoot in Japan to actually change the words of the Constitution to permit war.

The constitutions of Germany and Italy date to the same post-WWII period as Japan's. Germany's includes this:

"(1) Activities tending to disturb or undertaken with the intention of disturbing the peaceful relations between nations, and especially preparing for aggressive war, shall be unconstitutional. They shall be made subject to punishment.

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David Swanson is the author of "When the World Outlawed War," "War Is A Lie" and "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union." He blogs at http://davidswanson.org and http://warisacrime.org and works for the online (more...)
 
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