The Yomiuri Shimbun
In an effort to tighten controls on piracy and other illegal activities by foreign-flagged vessels on the open sea, the government plans to introduce new legislation, according to sources. The government plans to submit a bill to revise the penal code or a bill to establish a new law to an ordinary Diet session possibly next year, sources said.
Under the U.N. Convention on the Law of the Sea (UNCLOS), which took effect in 1994, signatories are allowed to act against pirates in the open sea. In 1996, Japan ratified the convention, which has been signed by 155 countries. While cracking down on pirates on the high sea is authorized under the convention, it is left up to individual countries to determine how to prevent piracy and what judicial procedures to take in line with their own domestic laws.
In Japan, however, the relevant domestic law does not allow for stringent antipiracy measures. The law only allows the Japan Coast Guard and others concerned to act and charge pirates in cases in which the Penal Code can be applied. This covers only criminal activities committed aboard Japanese-registered ships and acts committed against Japanese citizens on foreign-flagged vessels. Many vessels engaged in Japan's foreign trade are registered in other countries for tax and other reasons, and are known as flag of convenience ships. Because many crew members aboard such vessels are non-Japanese, the government is unable to take legal measures, even if they are attacked by pirates on the open sea.
In the envisaged legislation, the government plans to define illegal activities at sea that are subject to punishment as follows:
-- Illegal violent activities, detention and pillage involving vessels at sea and aircraft by crew members and passengers aboard privately owned vessels and airplanes.
-- Volunteering to help run pirate ships and aircraft.
-- Agitation involving such activities.
Under the new legislation, JCG officials would be able to arrest pirates and capture pirate ships, according to the sources.
When the Sea Shepherd, a U.S. marine conservation organization, interfered with a Japanese whale research ship in February last year, the government was unable to take legal action as the attackers were not identified. The envisaged legislation, however, likely will enable authorities to arrest the captain of a vessel concerned, even if those who have carried out illegal activities are not identified.
Government sources said the new legal framework is designed with the JCG in mind, which is able to bring criminal procedures. If the Self-Defense Forces engage in patrol activities against pirates, including those aboard foreign-flagged ships, in the Indian Ocean and other locations, it will be necessary to include a provision specifying regulations on the use of weapons by SDF personnel. It is also believed necessary to make available a new legal framework for the defense minister to issue orders regarding SDF personnel's patrol activities on the sea, in line with Article 82 of the Self-Defense Forces Law.
http://www.yomiuri.co.jp/dy/national/20080824TDY02302.htm(Japan government is looking for way to stop Sea Shepherd, even though Japan whaling in antarctic is the illegal action, not "pirate vessels".
Governments want to use "anti-terrorism to protect money-making interests. )