Letter dated 14 June 1995 from Minister at the Embassy of Japan, together with Written Statement of the Government of Japan

Lettedated14June 1995hm Minkkr at.thEmbassyofJapan,together
withWrim Statemen otfthGoverment ofJapan EMBASSY OFJAPAN

THE NEÏHERLANDS

The Eague
Sune 14, 1995

Mr. Eduarda Valencia-Ospina
Reoistçar
InternationalCourt of Justice
Pezce Palace
2517 KI The Sague

9ear Mi. Valencia-Ospina,

Upûn instructionsof my Goverment, I havethe ho~or to transmit
aerewiththe wïittenstatsmerit of tne Goverment of Japan in response
Yo the InternationalCour: of Justice's letter dated February 8,
1995, addressedto R.E. the Hinistorfor ForeignRffairs of Japan,in
scccrdance with Article 65, paraqraph 2, of the Statute of the
Ccuzt .

Yocrs sincerely,

Yukio Sugano
Minister The Government of Japan herewith submits the written

statement of the Government, in pursuançe of the Court's Order of
February 1, 1995, and the letter. of the Registrar of the Court
addressed to the Kinister for Foreign Affaixs of Japan, dated

Pebruary 8, 1995, in accordance with Article 66, paragraph 2, of
the statute of the International Court of Justice.

1. Tbe question on which an advisory opinion is asked

On 15 December, 1994, the Forty-Ninth United Nations General
Assembly, by its Resolution A49/75K, decided to request the
International Court of Justice to give an advisory opinion on the

following subject:
"1s the threat or useof nuclear weapons in any

circumstance permitted under international law?"

II. The view of the Government of Japan with respect to
international law on the use of nuclear weapons in war or
other armed conflict

The Gavernment submits its view on the subject in question,
namely, the use of nuclear weapons in Far or other armed conflict,
as follows:

The Government believes that, because of their immense power
to cause destruction, the death of and injary to human beings, the

use of nuclear weapons is clearly contra- to the spirit of
humanity that gives international law its philosophical
foundation.

III. The position of the Government of Japan on the elmation of
nuclear weapons

Japan, the only nation that ha3 suffered nuclear attack,
taking advantage of the opportunity offered by its submission of

this written statement, desires to state also the following view,on the importance of eliminating nuclear weapons, in addition to

stating its assessrnent regarding the use of nuclear weapons in
international law.
(1) With their devastating power, nuclear weapans can in an

instant take a tremendous toll in human life and deprive people of
their local community structures; they can also cause the victims

who swive an attack itçelf indescribable and lasting suffering
due to atomic radiation and other lingering effects. Japan, based

on its tragic nucleas suffering of Hiroshima and agas saki,
considers that nuclear weapons must never be used. The Government
of Japan firmly maintains the "three non-nuclear principles" of

not possessing nuclear weapons, not producing them and not
htroducing them into its territory, and wLLl always strive to .

promte nuclear disarmament and nuclear non-proliferation, with a
view to achieving the ultimate elimination of nuclear weapons.
(2) Nuc1ea.r disannament, non-proliferation of nuclear weapons

and the ultimate elhination of nuclear weaponç are crucial for
preventing nuclear war and the use of nuclear weapons. To this

end, it is imperative that concrete and realistic measures be
taken, one by one. Convinced of this, Japan strives constantly to
strengthen the nuclear non-prolif eration regime, the central

pillar of which is the Treaty on the Non-Proliferation of Nuclear
Weapons (NPT). Japan des every possible effort to enhance the

Treatyrs effectiveness and universality. At tne NFT Review and
Extension Conference in May this year, decisions had been made on
"strengthening the review process for the Treatym and on

"principles and objectives for nuclear non-proliferation and
disarmament," together with the decision to indefinitely extend

the NPT. These decisions indicate a future path regarding nuclear
disarmament, nuclear non-proliferation, and other issues. It is
extrentely important that the international community strives along

this path. Japan, while welcoming the recent significant progress
in nuclear disarmament made by the United States and the former
soviet Union such as the signing of STmT 1 and START II and the

ent?r into force of START 1 since the end of Cold War, urges al1
nuclear weapon States, which have a special responsibility fornuclear disarmamentt o make yet greater efforts for nuclear

disarmament, with the goal of achieving the ultimate elimination
of nuclear weapons, in accordance with Article 6 of the Treaty.

Last year in the United Nations General Assembly, Japan sponsored
the resolution, "Nuclear disarmament with a view to the ultbate
elimination of nuclear weapons," which was adopted by an

overwhelming majority. Japan believes that the adoption reflects
the wide appreciation by the international conuminity of Japan's

such fundamental view.
(3) Japan welcomes the developments in the negotiations on a
Comprehensive Nuclear Test Ban Treaty (CTBT) at the Conference on

Disarmament and will do everything possible to contribute to early
conclusion of those negotiations. Japan will also contribute to

the eaxly commencement and development of negotiations on a
convention banning the production of fissile material for nuclear
weapons or other nuclear explosive devices. Japan will, moreover,

work actively to contribute to the actual reduction of nuclear
weapons through assistance for dismantling of nuclear weapons of

the former Soviet Union.