Other Publications
The Postwar Conception of the Allied Powers and the Charter Regime: The Dramatic Development of International Criminal Law and International Human Rights Law [in Japanese]
AbstractOn July 31, 2023, The History of International Human Rights Law, in which a chapter was written by Professor Hitomi Takemura at the Graduate School of Law, was published. The professor wrote the chapter, “The Postwar Conception of the Allied Powers and the Charter Regime: The Dramatic Development of International Criminal Law and International Human Rights Law.” This chapter discusses the background of the Allied conception of the post-war international order and the process and significance of international trials for war crimes. Professor Takemura begins by pointing out that the lessons learned from the Nuremberg and Tokyo trials include the adoption by the UN General Assembly of the principles recognized in the Nuremberg judgment and the establishment that crimes against peace and humanity are crimes under the international law. She then reviews the history of the UN Charter regime and the conception and drafting of the International Bill of Human Rights and discusses the impact of the Holocaust on international human rights protection. Finally, she concludes that the universal values of respecting human dignity and achieving justice in the Allied Powers' conception of the postwar international order have led to the recognition of the UN as a universal international organization and to States’ adherence to international human rights law.
Japan and South Korea should also support Refugees in Asia [in Japanese]
AbstractOn August 6, 2023, The Shinano Mainichi Shimbun published an article authored by Professor Maiko Ichihara of the Graduate School of Law, titled " Japan and South Korea should also support Refugees in Asia." The article outlines the stance that Japan and South Korea should take in response to the large number of refugees in Asia, comparable to or even exceeding that in Ukraine. Professor Ichihara first explains the number of refugees equal to or surpassing that of Ukraine in Afghanistan and Syria, and subsequently analyzes why these occurrences remain underreported. The professor highlights the difference in clarity between the situation of sovereignty violation depicted in the Ukrainian invasion, and the seemingly sovereignty-unrelated emergence of refugees stemming from internal political situations in the other two countries. Furthermore, the article argues that the distinction between good and evil is sharply delineated in the context of Ukraine, whereas in other cases, the challenge lies in framing actions within a good-versus-evil paradigm. Lastly, Professor Ichihara emphasizes the imperative for collaboration and support in terms of objective and reputable humanitarian aid within Asia, urging the governments of Japan and South Korea to contribute to refugee assistance efforts.
The Transformation of International Politics as Seen in False Information and Narratives about Israel and Hamas [in Japanese]
AbstractOn December 8, 2023, the Foresight published an article by Professor Maiko Ichihara of the Graduate School of Law titled "The Transformation of International Politics as Seen in False Information and Narratives about Israel and Hamas.” In this article, Professor Ichihara pointed out that misinformation and disinformation surrounding Israel and Hamas are widespread and that actors at various levels, including governments, political parties, trolls, and conspiracy theorists, distort the information space and have an impact that cannot be ignored. She explained the mechanism of the spread of disinformation using the attention economy model, in which content that attracts people's attention and appeals to their emotions rather than to the truth or quality of information is spread, and such emotionally appealing false content is spread on the Internet at an astonishing rate. While the need for fact-checking and media literacy education has been pointed out, she discusses the limitations of the effectiveness of fact-checking and media literacy education, given that the speed at which disinformation appears greatly exceeds the speed of fact-checking, that actors who seek to manipulate people's emotions and behavior do not necessarily spread only disinformation, and that actors who engage in influence operations launder information. Finally, she emphasized the need for an analytical framework to understand and analyze international politics shaped by people driven by emotions and information in an era when not only military power but also information and various types of actors, not only state parties, have influence.
Myanmar Issue at Crossroads for Solution [in Japanese]
AbstractOn November 12, 2023, the Shinano Mainichi Shimbun published an article authored by Professor Maiko Ichihara of the Graduate School of Law entitled "Myanmar Issue at Crossroads for Solution. The article focuses on the civil war in Myanmar, which continues without support or attention from the rest of the world, despite concerns that the world situation may become unstable due to serious conflicts breaking out simultaneously, such as Russia's invasion of Ukraine and the ongoing struggle between the Islamic organization Hamas against Israel. Professor Ichihara noted that the the National Unity Government (NUG) and ethnic minorities continue to resist the army, which staged a coup and took over the government in 2021, in various parts of the country, and that the future of the Operation 1027, which was launched in the northeastern area, will determine the future course of the conflict. In addition, she stated that many of the displaced people born as a result of the fighting in the northeast are facing severe food shortages. She stressed that even under these circumstances, the international community has not provided substantial assistance and that Japan, as a major power in Asia, should take the lead in resolving the Myanmar issue to prevent further civilian casualties.
An Op-Ed on ‘Boric and the Mirage of his China Criticism’
AbstractOn October 24, 2023, el Espectador published ‘Boric and the Mirage of his China Criticism’ by Sascha HANNIG NUÑEZ, a doctoral student in the Graduate School of Law. The article discusses the Chilean president's position on universal human rights, the case of his abrupt change of speech a week after he visited China, and the risks small countries take when confronting countries that retaliate against such criticism. According to Ms Hannig, small states today have the space to take a clear stand. They should have this right in humanitarian conflicts, but this is impossible without a strong international community. She added that developing countries are often cautious about taking positions that could affect their economic potential, freedom, and international relations and that this explains why Chile and other countries have taken clear positions criticizing human rights issues in Nicaragua and Venezuela, but not in China. The article was published in 10 media outlets in 8 countries, including La Nación and El Pitaso.
Global Risk and Crisis Management Program
AbstractOn October 16, 2023, a paper authored by Professor Nobumasa Akiyama, Dean of the School of International and Public Policy, entitled 'How Should Japan Consolidate the Credibility of Extended Deterrence?' was published in the AJISS-Commenttary of the Japan Institute of International Affairs. This paper discusses the building of 'deterrence by punishment' capabilities beyond ‘deterrence by denial' as an effort to increase the credibility of Japan's extended deterrence, and the importance of pursuing diplomatic initiatives for threat reduction, in an international context where confidence in extended deterrence has been shaken following Russia's invasion of Ukraine. Professor Akiyama notes that while strengthening the extended deterrence arrangement with the US is essential for Japan's security, what is required now is an action plan the US and Japan, in cooperation with other partner countries, can swiftly implement to build assets comprising deterrence architecture, a coordination mechanism for the US-Japan alliance to effectively operate assets optimized for the threat landscape and a solid political foundation. He also stated that it is essential for the United States, Japan, and other partner countries to send a closely coordinated and unified signal to China and North Korea to avoid increasing room for coercive action by China at the regional level in East Asia, while at the same time making diplomatic efforts through strategic dialogue with China and North Korea to ensure crisis stability and build confidence leading to future arms control.
New Phases of Nuclear Arms Control and Disarmament [in Japanese]
AbstractOn July 31, 2023, Diplomacy published a paper by Professor Nobumasa Akiyama, dean of the School of International and Public Policy, titled "New Phases of Nuclear Arms Control and Disarmament." This paper examines the analysis of the components of a new structural calculation for arms control regimes necessary for inter-state disarmament and discusses methods to establish a foundation for nuclear disarmament as a consequence. Professor Akiyama pointed out that the objectives of relevant countries and the principles that sustained the arms control regime constructed during the Cold War era are no longer functioning sufficiently. As a cause, he argued that a minimal alignment of views among the parties involved in the arms control regime's political relationships, specifically, a divergence in views regarding guardrails, has emerged. Furthermore, he explained that the rise of China has increased the complexity of rebuilding arms control regimes due to China's technical and quantitative arms expansion and the opacity of its strategic capabilities related to armaments. In light of these issues, Professor Akiyama stated the necessity for integrated arms control to resolve differences in fundamental views on inter-state nuclear policies and to manage crises by combining diplomacy and economics.
US Trembles over China and Russia’s Election Meddling [in Japanese]
AbstractOn July 31, 2023, Diplomacy published a paper by Professor Maiko Ichihara, Professor at Graduate School of Law, titled " US Trembles over China and Russia’s Election Meddling ." This paper analyzes the 2022 U.S. midterm elections as a case study for analyzing China's and Russia's election intervention. Professor Ichihara noted that both Russia and China engage in influence operations, including spreading misinformation to divide American society. The 2022 midterm elections marked China's shift towards intervention, joining Russia. Professor Ichihara also argued that while there are movements in the U.S.across the civil society, legislature, and judiciary toward countermeasures, but there is also opposition to them, causing turmoil. For future responses, she emphasized private-led disinformation countermeasures, addressing institutional issues fueling domestic divisions, and removing domestic economic disparities.
The Ambiguity of International Cooperation Built by the G7: Proposal for a New Order Image Required from the Media [in Japanese]
AbstractIn July 2023, Shimbunkenkyu published an article by Professor Maiko Ichihara at the Graduate School of Law titled "The Ambiguity of International Cooperation Built by the G7: Proposal for a New Order Image Required from the Media." This article analyzes the achievements and challenges of the G7 Hiroshima Summit by looking at how it was assessed in Japan and abroad. Professor Ichihara argues that at the Hiroshima Summit, it became clear that the G7 aimed to strengthen unity among its members regarding the security order. It also built international cooperation beyond the G7 framework. Next, she explains that the G7 positioned China and Russia as challengers to the international order at the summit, acknowledging their threats. Furthermore, Professor Ichihara pointed out concerns regarding the stance of the Hiroshima Summit towards democracy, emphasizing that it only focuses on maintaining the current order and underestimates domestic factors that weakens democracy. Finally, the professor expresses expectations for the media to contribute to forming an international order upholding human dignity.
The principle of ne bis in idem and mutual trust in the European Union [in Japanese]
AbstractIn July 2023, Jichikenkyu published a case note by Professor Yumiko Nakanishi at the Graduate School of Law titled "The principle of ne bis in idem and mutual trust in the European Union." This case note deals with the Kowwowski case (C-486/14), which was decided in 2016. The case concerned the application of the principle of ne bis in idem, which is seen as one of the key principles in criminal law. The principle of ne bis in idem is also found in Japanese law, but in the EU, it is applied not to a single country but to all EU member states. The Court of Justice of the European Union has struck a balance between the principle of ne bis in idem and mutual trust.