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Japan: Defence and security policy reform

22-01-2016

After a lengthy, fraught parliamentary process, on 20 September 2015 the National Diet of Japan finally approved a long-awaited reform of Japan's defence and security laws. Prime Minister Shinzō Abe’s determination won out against opposition from within Parliament and the public. Article 9 of the Japanese Constitution has been reinterpreted: Japan's Self-Defence Forces can now come to the aid of any ally which is under attack, in particular the US, which has guaranteed Japan's security since the ...

After a lengthy, fraught parliamentary process, on 20 September 2015 the National Diet of Japan finally approved a long-awaited reform of Japan's defence and security laws. Prime Minister Shinzō Abe’s determination won out against opposition from within Parliament and the public. Article 9 of the Japanese Constitution has been reinterpreted: Japan's Self-Defence Forces can now come to the aid of any ally which is under attack, in particular the US, which has guaranteed Japan's security since the end of the Second World War. This change was one of a series of reforms and initiatives, which included setting up a National Security Council, defining a national security strategy, adopting a law on classified information and revising the Principles on Arms Exports. The guidelines for cooperation with the US have also been revised. At the same time, Tokyo has begun to develop its military cooperation with other countries in the region. The purpose of these reforms was to make Japan an 'active contributor to peace' in a regional context overshadowed by Chinese ambitions and the growing nuclear threat from North Korea.

A Quest for Accountability? EU and Member State Inquiries into the CIA Rendition and Secret Detention Programme

15-09-2015

At the request of the LIBE Committee, this study assesses the extent to which EU Member States have delivered accountability for their complicity in the US CIA-led extraordinary rendition and secret detention programme and its serious human rights violations. It offers a scoreboard of political inquiries and judicial investigations in supranational and national arenas in relation to Italy, Lithuania, Poland, Romania and the United Kingdom. The study takes as a starting point two recent and far-reaching ...

At the request of the LIBE Committee, this study assesses the extent to which EU Member States have delivered accountability for their complicity in the US CIA-led extraordinary rendition and secret detention programme and its serious human rights violations. It offers a scoreboard of political inquiries and judicial investigations in supranational and national arenas in relation to Italy, Lithuania, Poland, Romania and the United Kingdom. The study takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report and new European Court of Human Rights judgments regarding EU Member States’ complicity with the CIA. The study identifies significant obstacles to further accountability in the five EU Member States under investigation: notably the lack of independent and effective official investigations and the use of the ‘state secrets doctrine’ to prevent disclosure of the facts, evade responsibility and hinder redress to the victims. The study puts forward a set of policy recommendations for the European Parliament to address these obstacles to effective accountability.

Zunanji avtor

Didier Bigo (King’s College, London, the UK ; Science Po, Paris, France ; Centre for Study of Conflicts, Liberty and Security), Sergio Carrera (Centre for European Policy Studies - CEPS ; University of Maastricht, the Netherlands), Elspeth Guild (Centre for European Policy Studies - CEPS ; Radboud University Nijmegen and Queen Mary, University of London, the UK) and Raluca Radescu (Centre for European Policy Studies - CEPS)

National Security and Secret Evidence in Legislation and before the Courts: Exploring the Challenges

10-12-2014

At the request of the LIBE committee, this study provides a comparative analysis of the national legal regimes and practices governing the use of intelligence information as evidence in the United Kingdom, France, Germany, Spain, Italy, the Netherlands and Sweden. It explores notably how national security can be invoked to determine the classification of information and evidence as 'state secrets' in court proceedings and whether such laws and practices are fundamental rights- and rule of law-compliant ...

At the request of the LIBE committee, this study provides a comparative analysis of the national legal regimes and practices governing the use of intelligence information as evidence in the United Kingdom, France, Germany, Spain, Italy, the Netherlands and Sweden. It explores notably how national security can be invoked to determine the classification of information and evidence as 'state secrets' in court proceedings and whether such laws and practices are fundamental rights- and rule of law-compliant. The study finds that, in the majority of Member States under investigation, the judiciary is significantly hindered in effectively adjudicating justice and guaranteeing the rights of the defence in ‘national security’ cases. The research also illustrates that the very term ‘national security’ is nebulously defined across the Member States analysed, with no national definition meeting legal certainty and “in accordance with the law” standards and a clear risk that the executive and secret services may act arbitrarily. The study argues that national and transnational intelligence community practices and cooperation need to be subject to more independent and effective judicial accountability and be brought into line with EU 'rule of law' standards.

Zunanji avtor

Didier Bigo (Centre d’Etudes sur les Conflits, Liberté et Sécurité - CCLS ; Sciences-Po Paris ; King’s College London), Sergio Carrera (Centre for European Policy Studies, CEPS), Nicholas Hernanz (CEPS) and Amandine Scherrer (CCLS) ; Contributions in the Country Fiches by: Mar Jimeno Bulnes (University of Burgos, Spain), Emmy Eklundh (University of Manchester, United Kingdom), Roseline Letteron (Université Paris-Sorbonne, France), Nikolaus Marsch (University of Freiburg in Breisgau, Germany), Daniel Squires (Matrix Chambers, London, United Kingdom), Arianna Vedaschi (Bocconi University, Milan, Italy), Gabriele Marino (University of Exeter, United Kingdom) and Anja Wiesbrock (University of Oslo, Norway)

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