Russian Foreign Minister Sergei Lavrov said on Aug. 17 that Japan was designated an “enemy state” in the UN Charter, and that he “sincerely hoped” Japan would read the Charter in its entirety, including Article 107. Asked about the remarks two days later, Chinese Foreign Ministry spokesman Lin Jian replied: “China agrees with what Foreign Minister Lavrov said. The ‘Enemy State Clauses’ is an important provision of the UN Charter. As we mark 80 years of the Tokyo Trials, to reaffirm these clauses and underline their binding force is of particular importance.”
Two permanent members of the Security Council have thus asserted that provisions written to constrain the defeated Axis powers still apply to Japan.
Article 107 reads: “Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.”
Article 53 carries the companion provision. It requires Security Council authorization for enforcement action undertaken through regional arrangements or agencies, but exempts “measures against any enemy state… provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state.” Its second paragraph defines an enemy state as “any state which during the Second World War has been an enemy of any signatory of the present Charter.”
The United Nations has twice resolved to get rid of this language. General Assembly Resolution 50/52, of Dec. 11, 1995, recognized that the enemy state clauses “have become obsolete” and resolved to initiate the procedure to delete them from Articles 53, 77 and 107. The 2005 World Summit Outcome reached the same conclusion. But amending the Charter under Article 108 requires ratification by two-thirds of the membership including all five permanent members of the Security Council. Therefore, the provisions remain in the Charter.
Global Times asked Lin Jian a question, noting that “Japan joined the UN after having atoned for its militaristic policies and the crimes it committed. By joining the UN, Japan recognized the principles enshrined in the Charter in their entirety.” Lin Jian responded that “All peace-loving nations need to jointly reject and check Japanese right-wing forces’ dangerous pursuit.” He said: “Today, however, the Takaichi administration keeps sidestepping the issue of historical crimes with no sign of remorse, and even goes to great lengths to whitewash and glorify them, as part of its scheme to abandon pacifism, break free from the constraints of its Constitution and domestic and international laws, and ratchet up remilitarization.”
