Beijing and Tokyo clash over ‘enemy state’ clause in UN Charter

China has warned Japanese Prime Minister Sanae Takaichi against military intervention in the Taiwan dispute

Japan has rebuked China for citing a UN Charter clause that permits action against former Axis powers without Security Council approval, insisting the provision is outdated and irrelevant.

Prime Minister Sanae Takaichi’s new government has been embroiled in an escalating diplomatic tit-for-tat with Beijing, beginning with remarks she made earlier this month supporting the self-governing administration on Taiwan. The Chinese side interpreted her comments that a cross-strait conflict would be a “survival-threatening situation” for Japan as signaling potential Japanese armed involvement and evidence of resurgent militarism.

Last week, the Chinese Embassy in Tokyo published an excerpt from the UN Charter which referred to “enemy states” – nations that fought against the original signatories, the Allied Powers of World War 2. Article 53 allows regional enforcement measures against such states in the event of a “renewal of aggressive policy,” without requiring prior authorization from the UN Security Council.

Read more

Beijing then lodged an official complaint with the UN over Takaichi’s statements. The embassy urged Japan “as a defeated country in World War II” to “reflect on its historical crimes” and change course on the Taiwan issue.

Japan’s Foreign Ministry dismissed that argument, accusing China of misinterpreting “obsolete clauses” that it claimed no longer align with UN practice. While the UN General Assembly recommended removing the “enemy state” references in 1995, the formal amendment process was never completed.

Japanese Defense Minister Shinjiro Koizumi visited a military base on Yonaguni over the weekend, an island about 110km east of Taiwan. He reiterated plans to deploy medium-range surface-to-air missiles there as part of a broader build-up on Japan’s southern island chain.

Russia also has outstanding issues with Japan, with whom it still has no formal peace treaty. Tokyo continues to insist on its claim to the four southernmost Kuril Islands, known in Japan as the “northern territories,” which became part of the USSR after World War 2 and remain a long-standing focal point for Japanese nationalists.