By Jun Okumura
Leaving Japan to fend for itself would be an end to the U.S.-Japanese Mutual Defense Treaty.
Professor Paul Sracic suggests in his July 26 essay “Will the U.S. Really Defend Japan?” on The Diplomatthat President Barack Obama is likely to consult Congress if and when he is forced to decide whether to come to the assistance of Japan, in case of a military conflict with China over the disputed Senkaku/Diaoyu Islands, and that it is not a given that Congress will consent. On the first point, he will do so – unless the sequence of events renders a formal consultation unnecessary or impractical. However, in the event that Obama does consult Congress, it is unthinkable that Congress will decide to stop him from giving military assistance under the Mutual Defense Treaty – unless Congress intends to put an end to the bilateral alliance. Let me explain.
Again, on the first point, Professor Sracic gives the 2011 imposition of the no-fly zone in Libya as a case in which Obama did not seek Congressional authorization – actually, the War Powers Resolution specifies that “[T]he President in every possible instance shall consult with Congress” and does not use the word “authorization” – but the president for all practical purposes had already gone through the consultation process by the time he committed U.S. military power to enforcing the no-fly zone. Specifically, on March 1, 2011, the Senate unanimously adopted S.RES.85, which “urges the United Nations Security Council to take such further action as may be necessary to protect civilians in Libya from attack, including the possible imposition of a no-fly zone over Libyan territory.” On March 18, the president held consultations with Congressional leaders, including bringing the Senate majority and minority leaders, the speaker of the house, and the House majority and minority leaders to the White House for consultations. On March 19, “U.S. military forces commenced operations,” as the president informed Congress, on March 21.
There could be occasions on which the president may not be able conduct prior consultations. For example, if the Chinese PLA Navy assaults Japanese Coast Guard vessels in the Senkaku/Diaoyu vicinity while the U.S. Seventh Fleet is passing by – I know, that would be extremely foolish of the PLA Navy, but bear with me – and Prime Minister Shinzo Abe requests U.S. assistance, is Obama going to tell him that he must consult Congress before the U.S. Navy makes a move? Of course not. And that must be why the law says “every possible instance.” But it is highly likely that Obama will consult Congress as long as it is technically feasible. After all, the law does say “every possible instance.”
Read the full story at The Diplomat