Japan eyes eased rules for firing on aircraft violating airspace

Japan is considering relaxing requirements for using weapons against aircraft violating the country’s airspace, amid questions over how Tokyo can respond to incursions by suspected Chinese spy balloons and other unmanned objects.

The government informed a ruling Liberal Democratic Party panel on defense that it was considering the move. Japan is currently only permitted under law to take “necessary measures” — interpreted as the use of weapons — in cases of self-defense or emergency evacuation, but the LDP is weighing expanding this in order to ensure air traffic safety.

Any changes, which would come amid the proliferation of unmanned aircraft for military use, could be made through a reinterpretation of the law, rather than the time-consuming process of amending it, Japan Times reports.

The news comes a day after the Defense Ministry announced that it “strongly suspects” objects that flew over Japan in 2019, 2020 and 2021 — including over areas near Self-Defense Force bases — were Chinese spy balloons.

“After an analysis of certain balloon-shaped flying objects that had been confirmed in Japan's airspace in the past, including those in November 2019, June 2020 and September 2021, we have concluded that said balloons are strongly suspected of having been unmanned surveillance balloons flown by China,” the ministry said in a statement late Tuesday.

The ministry said it had “strongly demanded that the Chinese government confirm the facts of this matter” and work to prevent similar incidents from happening again, adding that it would also beef up intelligence-gathering and monitoring for such unmanned foreign spy balloons “even more so than in the past.”

In 2019, an official with the Sendai Space Museum in Satsumasendai, Kagoshima Prefecture, posted a photo of a balloon-like object on its website, while two other sightings of remarkably similar objects occurred in June 2020 in Sendai and in September 2021 in Hachinohe, Aomori Prefecture.

The areas around Satsumasendai, Sendai and Hachinohe are all home to a number of Self-Defense Force camps and bases.

It was not immediately clear why Japan did not publicly announce the past incidents at the time, though the government has said it decides which cases to disclose based on a number of considerations, including the possibility that such announcements could tip its hand in terms of its own capabilities.

Tuesday's announcement came after the dramatic US shoot-down of a similar balloon earlier this month.

Defense Minister Yasukazu Hamada has taken the stance that SDF aircraft “can use weapons, including firing air-to-air missiles” during missions that encounter airspace violations, as stipulated by the law governing the SDF.

“As for foreign balloons that intrude into Japan's airspace without permission, in general terms, necessary measures may be taken when deemed appropriate to protect the lives and property of citizens,” Hamada said Tuesday, describing the existing legal situation.

At the LDP defense panel meeting Wednesday, former Defense Minister Itsunori Onodera said the three known cases of intrusion into Japanese airspace by the suspected Chinese spy balloons raised a number of questions over Tokyo’s ability to track and potentially take down the objects.

“If they didn't know these were Chinese, that's a big problem, and if they knew they were Chinese and didn't protest, that's an even bigger problem," Onodera said.

"These cases raise concerns that there may be a major hole in our nation's defense,” he added.