Written Statement of the Government of Japan

Written Statement of the Governmentof Japan

. ... WRITTEN -.ATEMENTOF THE GOVERNMENTOF JAPAN

-The Governmentof Japan herewithsubrnits the written

statemeztof the Government,in pursuanceof the Court's

Order of September 13, 1993, andthe letter of the

Deputy Registrarof the Court addressedto the Minister

for Foreign Affairsof Japan, dated September14, 1993, in

accordancewitb Article 66, paraçraph 2, of the Statute of

the International Courtof Justice.
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1. The question on which an advisory opinionis asked

On 14 May, 1993, the Forty-SixthWorld Health

Assembly,by its ResolutionWHA46.40, decided to request

the InternationalCourt of Justice to give an advisory

opinion on tne followingsubject:

"In view of the hea..th and environmentaleffects,

would the use of nuclearweapons by a State in war

orwther armed conflictSe a breach of its obligations

under internationallaw includingthe WHO

Constitution?"

II. The view of the Governmentof Japan withrespect-to
internationallaw onthe use of nuclearweapons inwar
or other armed conflict

While the Governmentof Japan isof the view that

the mattër of the Court's jurisdiction with regar to the

question upon whichan advisoryopinionis requestedby WHO

should be considered most carefullb yy the Court,the

Government subnits-itsview on the subjectin question,namely,the use of nuclearweapons in war or other armed

conflict,as follows:

"The Governmentbelievesthat, becauseof their

inmensepower to cause destruction,the death'ofah injury :

to hurnan beings, the- use of nuclearweapons.is'clearly

contraryto the spirit ofhumanitythat givesiaternational
law itsphilosophical foundation."

III. The positionof the Goverment of Japan on the ..
eliminationof nuclearweapons -

Japan,the only nation that hassufferednuclear
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attack,taking advantageof the opportunity offereb dy its

subnissionof this wxitten statement,desires to state
also the followingview, on the importance of eliminating

nucleazweapons,in adàition to statingits assessment

regarding theuse of nuclezr weaponsin internationallaw.

(1) There is a unique nationalfeeling inJapan

regarding nilclearweapons,becauseof the tragicnuclear
l
sufferingof Hiroshimaand Nagasakia~d the many people

still sufferingradioactivesequelae. Japan, based on this
historical expezience,considersthat nuclearweaponsmust

never be used. The Governmentof Japan firmly maintains

the "three.non-nuclear principles"of not possessing

nuclearweapons, notproducingthem and not introducing

them into its territory,and will always strive to promote

nucleardisarmament andnuclearnon-proliferation, with
a vie~ to achievingthe ultimate elimination of nuclear--

weapons . (2) Nucleardisamament, non-pzoliferation of nuclear

weapons and the uitimate elimicationof nuclear weaponsare

crucial for prevecting nuclear warand the use of nuclear
weapons. To this end, it is imperativethat conoreteand

realisticmeasuresbe taken, one by one. Convincedof

this, Japan strives constantlt yo strez~thenthe nuclear

non-prolifezationregime, the central pillar of which is

the Treatyon the Non-Proliferation of Nuclear Weapons. In

particular,with respect to the Treatyon Non-Proliferation
of NuclearWeapons,Japan makes every possible effortto

enhnncethe Treaty'seffectivenessand univezsality.

Though this Treaty permits only the nuclear-weapon States

to possess.n~cleaz weapons,that discriminazion should

ultimatelybe made to disappearthroughthe eliminationof
al1 nuclear weapons. To this end,furtherefforts in

pursuitof nucleardisa,mamer.t by al1 nuclear-weapon States

are essential. Japan,while welcominothe significant

progressin nucleardisarmamentmade by tne UnitedStates

and Russia since the end of Cold War, urges al1 nuclear-
weapon States, which have a specialresponsibilityfor

nucleardisa.+ment, to make yet greaterefforts £0;

nucleardisarmament,with thegoal of achieving the

ultimate elimination of nucleazweapons,in accordance
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with Article 6 of tne Treaty. Japan also welcomes the
commencementof negotiationson a Comprehensive Nuclear

Test Ban Treaty,and will do e~e~ythingpossibleto

contributeto the earlyconclusionof those negotiations.